reglab/housing_qa huggingface dataset:
WV Code § 31B-11-1102 (2021)
2021 West Virginia Code|Chapter 31B. Uniform Limited Liability Company Act|Article 11. Derivative Actions|§31B-11-1102. Proper Plaintiff

In a derivative action for a limited liability company, the plaintiff must be a member of the company when the action is commenced; and:(1) Must have been a member at the time of the transaction of which the plaintiff complains; or(2) The plaintiff's status as a member must have devolved upon the plaintiff by operation of law or pursuant to the terms of the operating agreement from a person who was a member at the time of the transaction.
WV Code § 31B-11-1103 (2021)
2021 West Virginia Code|Chapter 31B. Uniform Limited Liability Company Act|Article 11. Derivative Actions|§31B-11-1103. Pleading

In a derivative action for a limited liability company, the complaint must set forth with particularity the effort of the plaintiff to secure initiation of the action by a member or manager or the reasons for not making the effort.
WV Code § 31B-§31B-11-1104 (2021)
2021 West Virginia Code|Chapter 31B. Uniform Limited Liability Company Act|Article 11. Derivative Actions|§31B-§31B-11-1104. Expenses

If a derivative action for a limited liability company is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise or settlement of an action or claim, the court may award the plaintiff reasonable expenses, including reasonable attorney's fees, and shall direct the plaintiff to remit to the limited liability company the remainder of the proceeds received.
WV Code § 31B-12-1201 (2021)
2021 West Virginia Code|Chapter 31B. Uniform Limited Liability Company Act|Article 12. Miscellaneous Provisions|§31B-12-1201. Uniformity of Application and Construction

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
WV Code § 31B-12-1202 (2021)
2021 West Virginia Code|Chapter 31B. Uniform Limited Liability Company Act|Article 12. Miscellaneous Provisions|§31B-12-1202. Short Title

This chapter may be cited as the "Uniform Limited Liability Company Act".
WV Code § 31B-12-1203 (2021)
2021 West Virginia Code|Chapter 31B. Uniform Limited Liability Company Act|Article 12. Miscellaneous Provisions|§31B-12-1203. Severability Clause

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable.
WV Code § 31B-12-1204 (2021)
2021 West Virginia Code|Chapter 31B. Uniform Limited Liability Company Act|Article 12. Miscellaneous Provisions|§31B-12-1204. Effective Date

This chapter takes effect on July 1, 1996.
WV Code § 31B-12-1205 (2021)
2021 West Virginia Code|Chapter 31B. Uniform Limited Liability Company Act|Article 12. Miscellaneous Provisions|§31B-12-1205. Transitional Provisions

(a) Before July 1, 1996, this chapter governs only a limited liability company organized:(1) After the effective date of this chapter, unless the company is continuing the business of a dissolved limited liability company under the provisions of the former West Virginia limited liability company act; and(2) Before the effective date of this chapter, which elects, as provided by subsection (c) of this section, to be governed by this chapter.(b) On and after July 1, 1996, this chapter governs all limited liability companies.(c) Before July 1, 1996, a limited liability company voluntarily may elect, in the manner provided in its operating agreement or by law for amending the operating agreement, to be governed by this chapter.
WV Code § 31B-12-1206 (2021)
2021 West Virginia Code|Chapter 31B. Uniform Limited Liability Company Act|Article 12. Miscellaneous Provisions|§31B-12-1206. Savings Clause

This chapter does not affect an action or proceeding commenced or right accrued before the effective date of this chapter.
WV Code § 31B-12-1207 (2021)
2021 West Virginia Code|Chapter 31B. Uniform Limited Liability Company Act|Article 12. Miscellaneous Provisions|§31B-12-1207. Equality of Workers' Compensation Treatment

(a) Notwithstanding any provision of subdivision (3), subsection (g), section one, article two, chapter twenty-three of this code to the contrary, all covered members of limited liability companies which are treated as partnerships for federal income tax purposes shall be subject to the calculation of premium on the members as provided for partners in a partnership in section one-b, article two, chapter twenty-three of this code. Any limited liability company excluding any member from workers' compensation coverage or computing premiums on such member as a partner prior to the effective date of this section is deemed to have made an effective election in accordance with the provisions of this section for all periods until such limited liability company modifies the election.(b) Notwithstanding any provision of subdivision (3), subsection (g), section one, article two, chapter twenty-three of this code to the contrary, a person is not a member of a limited liability company for whom coverage is required under that section if the person is a member solely as an investor and does not participate in the direction, administration, or control of the company and its activities or investments unless that person is employed in the service of the company for the purpose of carrying on the industry, business, service or work in which it is engaged.
WV Code § 31B-13-1301 (2021)
2021 West Virginia Code|Chapter 31B. Uniform Limited Liability Company Act|Article 13. Professional Limited Liability Companies|§31B-13-1301. Definitions

As used in this article:(1) "Licensing board" means the governing body or agency established under chapter thirty of this code which is responsible for the licensing and regulation of the practice of the profession which the professional limited liability company is organized to provide;(2) "Professional limited liability company" means a limited liability company organized under this chapter for the purpose of rendering a professional service; and(3) "Professional service" means the services rendered by the following professions: Attorneys-at-law under article two, physicians and podiatrists under article three, dentists under article four, optometrists under article eight, accountants under article nine, veterinarians under article ten, architects under article twelve, engineers under article thirteen, osteopathic physicians and surgeons under article fourteen, chiropractors under article sixteen, psychologists under article twenty-one, social workers under article thirty, acupuncturists under article thirty-six and land surveyors under article thirteen-a, all of chapter thirty of this code.
WV Code § 31B-13-1302 (2021)
2021 West Virginia Code|Chapter 31B. Uniform Limited Liability Company Act|Article 13. Professional Limited Liability Companies|§31B-13-1302. Who May Become a Member; Professional Limited Liability Companies Authorized

(a) One or more persons duly licensed or otherwise legally authorized to render the same or compatible professional services or to otherwise practice together within this state may become members of a professional limited liability company under the provisions of this chapter for the purpose of rendering the same or compatible professional services. Notwithstanding any provision of this code to the contrary, including any limitation or restriction set forth in any licensing provision of chapter thirty of this code, a professional limited liability company may be formed to provide any of the professional services as defined in section one thousand three hundred one of this article.(b) Any one or more persons who, under applicable legal or ethical rules or principles, can collectively practice the same or compatible professions, whether as general partners, joint venturers, fellow shareholders, fellow members or common business owners, may form, own and operate, as members, a professional limited liability company under this article. For purposes of this section, members of professional limited liability companies may be natural persons, professional corporations, other professional limited liability companies and professional partnerships. Professional limited liability companies may form, own and operate separate limited liability companies.(c) No professional limited liability company organized under this article may have as a member anyone other than a person who is duly licensed or otherwise legally authorized to render the professional services for which the professional limited liability company was organized. The names of members of professional limited liability companies who have signature authority shall be furnished to the Secretary of State. Any change in the persons who have signature authority for a professional limited liability company shall be promptly reported to the Secretary of State.
WV Code § 31B-13-1303 (2021)
2021 West Virginia Code|Chapter 31B. Uniform Limited Liability Company Act|Article 13. Professional Limited Liability Companies|§31B-13-1303. Name

The name of a professional limited liability company shall contain the words "professional limited liability company" or the abbreviation "P.L.L.C.", "PLLC", "Professional L.L.C.", or "Professional LLC".
WV Code § 31B-13-1304 (2021)
2021 West Virginia Code|Chapter 31B. Uniform Limited Liability Company Act|Article 13. Professional Limited Liability Companies|§31B-13-1304. Duty of Licensing Board

The licensing board for each of the professions authorized to form professional limited liability companies under this article shall propose legislative rules for promulgation, in accordance with the provisions of article three, chapter twenty-nine-a of this code, providing for the implementation of this article and the procedures for the formation and approval of professional limited liability companies for the particular profession under the jurisdiction of such licensing board. The rules of each licensing board shall permit the formation and approval of professional limited liability companies with members from different professions.
WV Code § 31B-13-1306 (2021)
2021 West Virginia Code|Chapter 31B. Uniform Limited Liability Company Act|Article 13. Professional Limited Liability Companies|§31B-13-1306. Application of Article

Except as otherwise specifically provided in this article, all provisions of this chapter governing limited liability companies shall be applicable to professional limited liability companies.
WV Code § 31C-1-2 (2021)
2021 West Virginia Code|Chapter 31C. Credit Unions|Article 1. Supervision and Regulation|§31C-1-2. Authority of Commissioner and Board of Banking and Financial Institutions

The commissioner of the department of banking shall be responsible for the supervision and regulation of credit unions incorporated under this chapter or previously incorporated under this code. The commissioner is specifically charged with administering the supervisory and regulatory responsibilities set forth in this chapter, in conjunction with the board of banking and financial institutions as set forth in section two, article three, chapter thirty-one-a of this code.
WV Code § 31C-1-3 (2021)
2021 West Virginia Code|Chapter 31C. Credit Unions|Article 1. Supervision and Regulation|§31C-1-3. Powers of Commissioner

(a) The commissioner may prescribe rules to implement any provision of this chapter and to define any term not defined in the chapter. Such rules shall serve to foster and maintain an effective level of credit union services and the security of member accounts.(b) The commissioner may restrict the withdrawal of share or deposit accounts or both from any credit union having determined circumstances make such restriction necessary for the proper protection of shareholders or depositors.(c) The commissioner may issue cease and desist orders pursuant to section four, article two, chapter thirty-one-a of this code if a credit union is engaged or has engaged, or when the commissioner has reasonable cause to believe the credit union is about to engage, in an unsafe or unsound practice, or is violating or has violated or the commissioner has reasonable cause to believe is about to violate a material provision of any law, rule or any condition imposed in writing by the commissioner or any written agreement made with the commissioner.(d) The commissioner may suspend from office and prohibit from further participation in any manner in the conduct of the affairs of a credit union any director, officer or committee member who has committed any violation of a law, rule or of a cease and desist order or who has engaged or participated in any unsafe or unsound practice in connection with the credit union or who has committed or engaged in any act, omission or practice which constitutes a breach of that person's fiduciary duty as such director, officer or committee member, when the commissioner has determined that such action or actions have resulted or will result in substantial financial loss or other damage that seriously prejudices the interests of the members.(e) The commissioner shall have the power to subpoena witnesses, compel their attendance, require the production of evidence, administer oaths and examine any person under oath in connection with any subject relating to a duty imposed upon or a power vested in the commissioner.(f) The commissioner may enter into cooperative, coordinating or information-sharing agreements with any other state or federal credit union supervisory agency or any organization affiliated with or representing one or more credit union supervisory agencies.(g) The commissioner shall also in connection with the supervision of credit unions have all powers set forth in article two, chapter thirty-one-a of this code relating to the regulation of credit unions as financial institutions and to any subsidiary or affiliate organization of such credit union.
WV Code § 31C-1-5 (2021)
2021 West Virginia Code|Chapter 31C. Credit Unions|Article 1. Supervision and Regulation|§31C-1-5. Examinations

(a) The commissioner shall examine, or cause to be examined, each credit union at least once every eighteen months. A credit union and any of its officers and agents shall be required to give the commissioner, or the commissioner's representatives, full access to all books, papers, securities, records and other sources of information under their control.(b) A report of such examination shall be forwarded to the credit union's board of directors within thirty days after completion. Said report shall contain comments relative to the management of the affairs of the credit union and the general condition of its assets. Within thirty days after the receipt of such report, the directors and committee members shall meet to consider matters contained in the report. Every official communication from the commissioner to any such institution, or to any officer thereof, relating to an examination or an investigation of the affairs of such institution conducted by the commissioner or containing suggestions or recommendations as to the manner of conducting the business of the institution, shall be read to the board of directors at the next meeting after the receipt thereof, and the president, or other executive officer, of the institution shall within fourteen days of such meeting notify the commissioner in writing of the presentation and reading of the communication and of any action taken thereon by the institution.(c) In lieu of making an examination of a credit union, the commissioner may accept an examination or audit report of the condition of the credit union made by the national credit union administration.
WV Code § 31C-1-6 (2021)
2021 West Virginia Code|Chapter 31C. Credit Unions|Article 1. Supervision and Regulation|§31C-1-6. Records

(a) A credit union shall maintain all books, records, accounting systems and procedures in accordance with such rules as the commissioner from time to time prescribes. In prescribing such rules, the commissioner shall consider the relative size of a credit union and its reasonable capability of compliance. Unless otherwise required or permitted by a specific rule, credit unions shall follow the record retention requirements set forth in section thirty-five, article four, chapter thirty-one-a of this code. (b) A credit union is not liable for destroying records after the expiration of the record retention time prescribed by subsection (a) of this section, except for any records involved in an official investigation or examination about which the credit union has received notice.(c) Reproduction of any credit union records shall be admissible as evidence of transactions with the credit union as provided in section seven-b, article one, chapter fifty-seven; and section thirty-five, article four, chapter thirty-one-a of this code.
WV Code § 31C-1-7 (2021)
2021 West Virginia Code|Chapter 31C. Credit Unions|Article 1. Supervision and Regulation|§31C-1-7. Reports

(a) Credit unions shall report to the Commissioner semiannually during January and July of each calendar year on a date set by the Commissioner for the business periods ending June 30 and December 31, respectively on forms supplied by the Commissioner for that purpose. Additional reports may also be required.(b) A charge of $100 shall be levied for each day a credit union fails to provide a required report unless it is excused for cause by the Commissioner or courts.(c) The fiscal year of each credit union incorporated under this chapter shall end on the last day of December.(d) In addition to other reports that may be required under this chapter, every credit union with a main office or branch located in this state shall file with the Commissioner on or before September 1, of each year the amount of deposits and shares held by each office in this state (excluding automated teller machines) as of the immediately preceding thirtieth day of June.
WV Code § 31C-1-8 (2021)
2021 West Virginia Code|Chapter 31C. Credit Unions|Article 1. Supervision and Regulation|§31C-1-8. Assessments

 The commissioner of banking shall charge and collect from each credit union and pay into a special revenue account in the State Treasury for the department of banking an annual assessment payable on July 1, computed upon the total assets of the credit union shown on the report of condition of the credit union as of the last business day in December of the previous year as is set out in section eight, article two, chapter thirty-one-a of this code.
WV Code § 31C-2-1 (2021)
2021 West Virginia Code|Chapter 31C. Credit Unions|Article 2. Formation of Credit Union|§31C-2-1. Organization Procedure

(a) Any eight or more residents of this state, of legal age, who share the common bond referred to in section one, article four of this chapter, may organize a credit union and become charter members thereof by complying with this section.(b) The incorporators shall prepare, adopt and execute in duplicate articles of incorporation and agree to the terms thereof. The articles shall state:(1) The credit union's name and the address of the proposed credit union's principal place of business;(2) That the existence of the credit union shall be perpetual;(3) The names and addresses of the incorporators to the articles of incorporation, and the number of shares subscribed to by each, which for each incorporator shall be not less than one share; and(4) The par value of each share to be issued.(c) The incorporators shall prepare, adopt and execute in duplicate bylaws consistent with this chapter for the general government of the credit union. The bylaws shall state:(1) The conditions and qualifications of membership;(2) The conditions upon which shares may be issued, transferred and withdrawn; (3) The number of directors, their powers and duties; and the compensation and duties of all officers;(4) The date of the annual meeting and requirements as to notice and manner of conducting such meeting;(5) The term of service for directors, which terms shall be staggered so that an approximately equal number expire each year;(6) The number and term of service for supervisory committee members, together with their powers and duties;(7) The number and the term of service for credit committee members, unless the bylaws provide for the board of directors to act as the credit committee, and their respective powers and duties;(8) The purposes and conditions upon which loans may be made;(9) The manner of a member's appeal for a loan application disapproved by a loan officer, if the bylaws provide for the appointment of loan officers; and(10) The par value of shares, and where applicable in corporate credit unions, any membership shares.(d) The incorporators shall select at least five persons who are eligible for membership and who agree to become members and serve on the board of directors, and at least three other persons who are eligible for membership and who agree to become members and serve on the supervisory committee. The persons selected to serve on the board of directors and supervisory committee shall execute an agreement to serve in these capacities until the first annual meeting or until the election of their respective successors, whichever is later.(e) The incorporators shall provide to the commissioner an affidavit of the expenses incurred or anticipated in the organization of the credit union.(f) In their application to obtain a certificate of charter the incorporators shall forward to the commissioner the duplicate articles of incorporation and bylaws and the agreements to serve. The submission of these documents shall be accompanied by an investigation fee of $100 payable to the commissioner.
WV Code § 31C-2-3 (2021)
2021 West Virginia Code|Chapter 31C. Credit Unions|Article 2. Formation of Credit Union|§31C-2-3. Articles and Bylaws

(a) In order to simplify the organization of credit unions, the commissioner may cause to be prepared model articles of incorporation and bylaws, consistent with this chapter, which may be used by credit union incorporators for their guidance. Such articles of incorporation and bylaws shall be available to persons desiring to organize a credit union.(b) The articles of incorporation and the bylaws may be amended as provided in the articles and bylaws, respectively. Amendments to the articles of incorporation or bylaws shall be submitted to the commissioner who shall approve or disapprove the proposed amendments within sixty days.(c) Amendments shall become effective upon approval in writing by the commissioner. If the commissioner disapproves any proposed amendment, the credit union may appeal the decision to the board within thirty days.
WV Code § 31C-2-4 (2021)
2021 West Virginia Code|Chapter 31C. Credit Unions|Article 2. Formation of Credit Union|§31C-2-4. Use of Name Exclusive

(a) The name of every credit union organized under this chapter shall include the phrase "credit union." No credit union may adopt a name either identical to the name of any other credit union doing business in this state or so similar to the name of any other credit union doing business in this state as to be misleading or to cause confusion.(b) No person, other than a credit union incorporated under this chapter, the Federal Credit Union Act or a credit union authorized to do business in this state under section six, article two of this chapter, an association of credit unions, or an organization, corporation or association whose membership or ownership is primarily limited to credit unions or credit union organizations, may use a name or title containing the phrase "credit union" or any derivation thereof, represent itself as a credit union or conduct business as a credit union.(c) Violation of this section constitutes a misdemeanor punishable by a fine of not more than $100 for each day of illegal use of such name, by imprisonment for not more than one year, or both.(d) The commissioner may petition a court of competent jurisdiction to enjoin a violation of this section.