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WV Code § 47A-1-4 (2021)
2021 West Virginia Code|Chapter 47A. West Virginia Lending and Credit Rate Board|Article 1. Lending and Credit Rate Board|§47A-1-4. Applicability of the West Virginia Administrative Procedures Act; Legislative and Judicial Review

Because of the volatile nature of the credit market and the necessity of prompt action by the board, all orders, rules and regulations, and other procedures adopted by the board relating to setting maximum interest rates and finance charges are specifically exempted from the provisions of the West Virginia Administrative Procedures Act, chapter twenty-nine- a of this code. All other orders, rules and regulations, and other procedures adopted by the board not relating to the setting of maximum rates of interest and finance charges shall be made in accordance with the provisions of the Administrative Procedures Act, chapter twenty-nine-a of this code.All actions of the board relating to the setting of maximum interest rates and finance charges are subject to review as set forth under section three of this article. In instances when the board exceeds or fails to appropriately exercise its authority under this article to set maximum interest rates and finance charges, the actions of the board may be reviewed initially only in the circuit court of Kanawha County, West Virginia.
WV Code § 47B-1-2 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 1. General Provisions|§47B-1-2. Knowledge and Notice

(a) A person knows a fact if the person has actual knowledge of it.(b) A person has notice of a fact if the person:(1) Knows of it;(2) Has received a notification of it; or(3) Has reason to know it exists from all of the facts known to the person at the time in question.(c) A person notifies or gives a notification to another by taking steps reasonably required to inform the other person in ordinary course, whether or not the other person learns of it.(d) A person receives a notification when the notification:(1) Comes to the person's attention; or(2) Is duly delivered at the person's place of business or at any other place held out by the person as a place for receiving communications.(e) Except as otherwise provided in subsection (f) of this section, a person other than an individual knows, has notice, or receives a notification of a fact for purposes of a particular transaction when the individual conducting the transaction knows, has notice, or receives a notification of the fact, or in any event when the fact would have been brought to the individual's attention if the person had exercised reasonable diligence. The person exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the individual conducting the transaction and there is reasonable compliance with the routines. Reasonable diligence does not require an individual acting for the person to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.(f) A partner's knowledge, notice or receipt of a notification of a fact relating to the partnership is effective immediately as knowledge by, notice to, or receipt of a notification by the partnership, except in the case of a fraud on the partnership committed by or with the consent of that partner.
WV Code § 47B-1-3 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 1. General Provisions|§47B-1-3. Effect of Partnership Agreement; Nonwaivable Provisions

(a) Except as otherwise provided in subsection (b) of this section, relations among the partners and between the partners and the partnership are governed by the partnership agreement. To the extent the partnership agreement does not otherwise provide, this chapter governs relations among the partners and between the partners and the partnership.(b) The partnership agreement may not:(1) Vary the rights and duties under section five, article one of this chapter except to eliminate the duty to provide copies of statements to all of the partners;(2) Unreasonably restrict the right of access to books and records under subsection (b), section three, article four of this chapter;(3) Eliminate the duty of loyalty under subsection (b), section four, article four, or subdivision (3), subsection (b), section three, article six of this chapter, but:(i) The partnership agreement may identify specific types or categories of activities that do not violate the duty of loyalty, if not manifestly unreasonable; or(ii) All of the partners or a number or percentage specified in the partnership agreement may authorize or ratify, after full disclosure of all material facts, a specific act or transaction that otherwise would violate the duty of loyalty;(4) Unreasonably reduce the duty of care under subsection (c), section four, article four or subdivision (3), subsection (b), section three, article six of this chapter;(5) Eliminate the obligation of good faith and fair dealing under subsection (d), section four, article four of this chapter, but the partnership agreement may prescribe the standards by which the performance of the obligation is to be measured, if the standards are not manifestly unreasonable;(6) Vary the power to dissociate as a partner under subsection (a), section two, article six of this chapter, except to require the notice under subdivision (1), section one, article six of this chapter to be in writing;(7) Vary the right of a court to expel a partner in the events specified in subdivision (5), section one, article six of this chapter;(8) Vary the requirement to wind up the partnership business in cases specified in subdivisions (4), (5) or (6), section one, article eight of this chapter; or(9) Restrict rights of third parties under this chapter.
WV Code § 47B-1-4 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 1. General Provisions|§47B-1-4. Supplemental Principles of Law

(a) Unless displaced by particular provisions of this chapter, the principles of law and equity supplement this chapter.(b) If an obligation to pay interest arises under this chapter and the rate is not specified, the rate is that specified in section thirty-one, article six, chapter fifty-six of this code.
WV Code § 47B-1-5 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 1. General Provisions|§47B-1-5. Execution, Filing and Recording of Statements

(a) A statement may be filed in the office of the Secretary of State. A certified copy of a statement that is filed in an office in another state may be filed in the office of the Secretary of State. Either filing has the effect provided in this chapter with respect to partnership property located in or transactions that occur in this state.(b) A certified copy of a statement that has been filed in the office of the Secretary of State and recorded in the office for recording transfers of real property has the effect provided for recorded statements in this chapter. A recorded statement that is not a certified copy of a statement filed in the office of the Secretary of State does not have the effect provided for recorded statements in this chapter.(c) A statement filed by a partnership must be executed by at least two partners. Other statements must be executed by a partner or other person authorized by this chapter. An individual who executes a statement as, or on behalf of, a partner or other person named as a partner in a statement shall personally declare under penalty of perjury that the contents of the statement are accurate.(d) A person authorized by this chapter to file a statement may amend or cancel the statement by filing an amendment or cancellation that names the partnership, identifies the statement, and states the substance of the amendment or cancellation.(e) A person who files a statement pursuant to this section shall promptly send a copy of the statement to every nonfiling partner and to any other person named as a partner in the statement. Failure to send a copy of a statement to a partner or other person does not limit the effectiveness of the statement as to a person not a partner.(f) The Secretary of State may collect a fee for filing or providing a certified copy of a statement. The clerk of the county commission of any county may collect a fee for recording a statement.
WV Code § 47B-1-6 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 1. General Provisions|§47B-1-6. Law Governing Internal Relations

Except as provided otherwise in section four, article ten of this chapter, the law of the jurisdiction in which a partnership has its chief executive office, governs the relations among the partners and between the partners and the partnership.
WV Code § 47B-1-7 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 1. General Provisions|§47B-1-7. Partnership Subject to Amendment or Repeal of Chapter

 A partnership governed by this chapter is subject to any amendment to or repeal of this chapter.
WV Code § 47B-2-1 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 2. Nature of Partnership|§47B-2-1. Partnership as Entity

A partnership is an entity distinct from its partners.
WV Code § 47B-2-2 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 2. Nature of Partnership|§47B-2-2. Formation of Partnership

(a) Except as otherwise provided in subsection (b) of this section, the association of two or more persons to carry on as coowners a business for profit forms a partnership, whether or not the persons intend to form a partnership.(b) An association formed under a statute other than this chapter, a predecessor statute, or a comparable statute of another jurisdiction is not a partnership under this chapter.(c) In determining whether a partnership is formed, the following rules apply:(1) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not by itself establish a partnership, even if the coowners share profits made by the use of the property.(2) The sharing of gross returns does not by itself establish a partnership, even if the persons sharing them have a joint or common right or interest in property from which the returns are derived.(3) A person who receives a share of the profits of a business is presumed to be a partner in the business, unless the profits were received in payment:(i) Of a debt by installments or otherwise;(ii) For services as an independent contractor or of wages or other compensation to an employee;(iii) Of rent;(iv) Of an annuity or other retirement or health benefit to a beneficiary, representative or designee of a deceased or retired partner;(v) Of interest or other charge on a loan, even if the amount of payment varies with the profits of the business, including a direct or indirect present or future ownership of the collateral, or rights to income, proceeds or increase in value derived from the collateral; or(vi) For the sale of the goodwill of a business or other property by installments or otherwise.
WV Code § 47B-2-3 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 2. Nature of Partnership|§47B-2-3. Partnership Property

Property acquired by a partnership is property of the partnership and not of the partners individually.
WV Code § 47B-2-4 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 2. Nature of Partnership|§47B-2-4. When Property Is Partnership Property

(a) Property is partnership property if acquired in the name of:(1) The partnership; or(2) One or more partners with an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership but without an indication of the name of the partnership.(b) Property is acquired in the name of the partnership by a transfer to:(1) The partnership in its name; or(2) One or more partners in their capacity as partners in the partnership, if the name of the partnership is indicated in the instrument transferring title to the property.(c) Property is presumed to be partnership property if purchased with partnership assets, even if not acquired in the name of the partnership or of one or more partners with an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership.(d) Property acquired in the name of one or more of the partners, without an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership and without use of partnership assets, is presumed to be separate property, even if used for partnership purposes.
WV Code § 47B-3-1 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 3. Relations of Partners to Persons Dealing With Partnership|§47B-3-1. Partner Agent of Partnership

Subject to the effect of a statement of partnership authority under section three, article three of this chapter:(1) Each partner is an agent of the partnership for the purpose of its business. An act of a partner, including the execution of an instrument in the partnership name, for apparently carrying on in the ordinary course the partnership business or business of the kind carried on by the partnership binds the partnership, unless the partner had no authority to act for the partnership in the particular matter and the person with whom the partner was dealing knew or had received a notification that the partner lacked authority.(2) An act of a partner which is not apparently for carrying on in the ordinary course the partnership business or business of the kind carried on by the partnership binds the partnership only if the act was authorized by the other partners.
WV Code § 47B-3-2 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 3. Relations of Partners to Persons Dealing With Partnership|§47B-3-2. Transfer of Partnership Property

(a) Partnership property may be transferred as follows:(1) Subject to the effect of a statement of partnership authority under section three, article three of this chapter, partnership property held in the name of the partnership may be transferred by an instrument of transfer executed by a partner in the partnership name.(2) Partnership property held in the name of one or more partners with an indication in the instrument transferring the property to them of their capacity as partners or of the existence of a partnership, but without an indication of the name of the partnership, may be transferred by an instrument of transfer executed by the persons in whose name the property is held.(3) Partnership property held in the name of one or more persons other than the partnership, without an indication in the instrument transferring the property to them of their capacity as partners or of the existence of a partnership, may be transferred by an instrument of transfer executed by the persons in whose name the property is held.(b) A partnership may recover partnership property from a transferee only if it proves that execution of the instrument of initial transfer did not bind the partnership under section one, article three of this chapter, and:(1) As to a subsequent transferee who gave value for property transferred under subdivisions (1) and (2), subsection (a) of this section, proves that the subsequent transferee knew or had received a notification that the person who executed the instrument of initial transfer lacked authority to bind the partnership; or(2) As to a transferee who gave value for property transferred under subdivision (3), subsection (a) of this section, proves that the transferee knew or had received a notification that the property was partnership property and that the person who executed the instrument of initial transfer lacked authority to bind the partnership.(c) A partnership may not recover partnership property from a subsequent transferee if the partnership would not have been entitled to recover the property, under subsection (b) of this section, from any earlier transferee of the property.(d) If a person holds all of the partners' interests in the partnership, all of the partnership property vests in that person. The person may execute a document in the name of the partnership to evidence vesting of the property in that person and may file or record the document.
WV Code § 47B-3-4 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 3. Relations of Partners to Persons Dealing With Partnership|§47B-3-4. Statement of Denial

A partner or other person named as a partner in a filed statement of partnership authority or in a list maintained by an agent pursuant to subsection (b), section three, article three of this chapter may file a statement of denial stating the name of the partnership and the fact that is being denied, which may include denial of a person's authority or status as a partner. A statement of denial is a limitation on authority as provided in subsections (d) and (e), section three, article three of this chapter.
WV Code § 47B-3-5 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 3. Relations of Partners to Persons Dealing With Partnership|§47B-3-5. Partnership Liable for Partner's Actionable Conduct

(a) A partnership is liable for loss or injury caused to a person, or for a penalty incurred, as a result of a wrongful act or omission, or other actionable conduct, of a partner acting in the ordinary course of business of the partnership or with authority of the partnership.(b) If, in the course of the partnership's business or while acting with authority of the partnership, a partner receives or causes the partnership to receive money or property of a person not a partner, and the money or property is misapplied by a partner, the partnership is liable for the loss.
WV Code § 47B-3-6 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 3. Relations of Partners to Persons Dealing With Partnership|§47B-3-6. Partner's Liability

(a)Except as otherwise provided in subsections (b) and (c) of this section, all partners are liable jointly and severally for all obligations of the partnership unless otherwise agreed by the claimant or provided by law.(b) A person admitted as a partner into an existing partnership, including a registered limited liability partnership, is not personally liable for any partnership obligation incurred before the person's admission as a partner.(c) Subject to the provisions of subsection (d) of this section, a partner in a registered limited liability partnership is not personally liable directly or indirectly (including by way of indemnification, contribution or otherwise) for debts, obligations and liabilities of or chargeable to the partnership, whether in tort, contract or otherwise, arising from omissions, negligence, wrongful acts, misconduct or malpractice committed while the partnership is a registered limited liability partnership and in the course of partnership business by another partner or by an employee, agent or representative of the partnership.(d) Subsection (c) of this section does not affect the liability of a partner in a registered limited liability partnership for the partner's own omissions, negligence, wrongful acts, misconduct or malpractice, or that of any person under the partner's direct supervision and control.
WV Code § 47B-3-7 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 3. Relations of Partners to Persons Dealing With Partnership|§47B-3-7. Actions by and Against Partnership and Partners

(a)A partnership may sue and be sued in the name of the partnership.(b)An action may be brought against the partnership and any or all of the partners who are personally liable for obligations of the partnership under section six of this article in the same action or in separate actions.(c)A judgment against a partnership is not by itself a judgment against a partner. A judgment against a partnership may not be satisfied from a partner's assets unless there is also a judgment against the partner.(d)A judgment creditor of a partner may not levy execution against the assets of a partner who is personally liable for obligations of the partnership under section six of this article to satisfy a judgment based on a claim against the partnership unless:(1)A judgment based on the same claim has been obtained against the partnership and a writ of execution on the judgment has been returned unsatisfied, in whole or in part;(2)The partnership is a debtor in bankruptcy;(3)The partner has agreed that the creditor need not exhaust partnership assets;(4)A court grants permission to the judgment creditor to levy execution against the assets of a partner based on a finding that partnership assets subject to execution are clearly insufficient to satisfy the judgment, that exhaustion of partnership assets is excessively burdensome, or that the grant of permission is an appropriate exercise of the court's equitable powers; or(5)Liability is imposed on the partner by law or contract independent of the existence of the partnership.(e)This section applies to any partnership liability or obligation resulting from a representation by a partner or purported partner under section eight of this article.
WV Code § 47B-3-8 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 3. Relations of Partners to Persons Dealing With Partnership|§47B-3-8. Liability of Purported Partner

(a) If a person, by words or conduct, purports to be a partner, or consents to being represented by another as a partner, in a partnership or with one or more persons not partners, the purported partner is liable to a person to whom the representation is made:(1) If that person, relying on the representation, enters into a transaction with the actual or purported partnership; and(2) The purported partner would have been personally liable for obligations of the partnership under section six of this article if the purported partner had actually been a partner.(b) Subject to subsection (a) of this section, if the representation, either by the purported partner or by a person with the purported partner's consent, is made in a public manner, the purported partner is liable to a person who relies upon the purported partnership even if the purported partner is not aware of being held out as a partner to the claimant. If partnership liability results, the purported partner is liable with respect to that liability as if the purported partner were a partner. If no partnership liability results, the purported partner is liable with respect to that liability jointly and severally with any other person consenting to the representation.(c) If a person is thus represented to be a partner in an existing partnership, or with one or more persons not partners, the purported partner is an agent of persons consenting to the representation to bind them to the same extent and in the same manner as if the purported partner were a partner, with respect to persons who enter into transactions in reliance upon the representation. If all of the partners of the existing partnership consent to the representation, a partnership act or obligation results. If fewer than all of the partners of the existing partnership consent to the representation, the person acting and the partners consenting to the representation are jointly and severally liable as if such person had actually been a partner.(d) A person is not liable as a partner merely because the person is named by another in a statement of partnership authority.(e) A person does not continue to be liable as a partner merely because of a failure to file a statement of dissociation or to amend a statement of partnership authority to indicate the partner's dissociation from the partnership.(f) Except as provided in subsections (a), (b) and (c) of this section, persons who are not partners as to each other are not liable as partners to other persons.