reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-49 - Administration of Tax on Purchases of Wine And Liquor Inside And Outside Of Muncipalities › Section 110-49-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				legislative rule clarifies implementation of collection procedures for the tax
				on purchases of intoxicating liquor and wine inside and outside corporate
				limits of municipalities under W. Va. Code §60-3-9d.
1.2. Authority. -- W. Va. Code
				§§60-3-9d(a)(3) and
				60-3A-21.
1.3. Filing Date. -- April 30,
				2024.
1.4. Effective Date. -- April
				30, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2029.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-49 - Administration of Tax on Purchases of Wine And Liquor Inside And Outside Of Muncipalities › Section 110-49-3 - Tax Base

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The tax under
				§8-13-7, §60-3-9d and §60-3A-21 of the
				West Virginia Code, is imposed upon the following entities, as defined under
				this Rule, the West Virginia Code and the rules and regulations of the West
				Virginia Alcohol Beverage Control Administration, that make sales of
				intoxicating liquors and wine:
3.1.a.
				Retailers, including wine specialty shops;
3.1.b. Wineries and farm wineries;
3.1.c. Direct shippers;
3.1.d. Distributors; and
3.1.e. Distillers and
				mini-distillers.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-49 - Administration of Tax on Purchases of Wine And Liquor Inside And Outside Of Muncipalities › Section 110-49-4 - Collection of tax

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Retailers --
				On a return designed by the Tax Commissioner, any person making sales of wine
				and liquor at retail, including retailers, wineries, and distilleries, must
				provide the following information:
4.1.a. The
				retailer's physical street address, city and zip code, or, if the retailer has
				multiple business registration locations, a physical street address, city and
				zip code for each location where sales are made; and
4.1.b. The retailer must separately report
				for each location the amount of sales for:
4.1.b.1. Intoxicating liquor;
4.1.b.2. Wine; and
4.1.b.3. Sales of intoxicating liquor and
				wine to private clubs.
4.1.c. Such other information as the Tax
				Commissioner may require.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-49 - Administration of Tax on Purchases of Wine And Liquor Inside And Outside Of Muncipalities › Section 110-49-5 - Remittance to Tax Commissioner

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				In recognition of:
The experience, knowledge, and technical, and legal expertise
				  of the Tax Department;
The computer and logistical systems currently operated and
				  maintained by the Tax Department;
The auditing and revenue processing resources of the Tax
				  Department; and
The obvious cost efficiency and operational efficiencies of
				  placing administration of the tax imposed by §8-13-7, §60-3-9 d and §60-3A-21 of the
				  West Virginia Code under the exclusive authority of the Tax Department.
The Legislature has determined that the preeminent interest
				  of all municipal and county tax jurisdictions is best served by empowerment of
				  the Tax Commissioner, by law, to hold, maintain and exercise sole authority to
				  administer the tax imposed by §8-13-7, §60-3-9 d and §60-3A-21 of the
				  West Virginia Code.
5.2.
				Accordingly, remittance of the tax imposed by §8-13-7, §60-3-9 d and §60-3A-21 of the
				West Virginia Code shall be made to the Tax Commissioner accompanied by return
				forms designed by the Tax Commissioner.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-49 - Administration of Tax on Purchases of Wine And Liquor Inside And Outside Of Muncipalities › Section 110-49-6 - Quarterly Distribution of Collections

Current through Register Vol. XLI, No. 28, July 12, 2024
The Tax Commissioner shall distribute allocable revenues
				  collected during each calendar quarter to each revenue generating municipality
				  or county no later than the 15th day of the month
				  following the close of the quarter in which the tax was remitted to the Tax
				  Department. Timely distribution has occurred when the Tax Department issues the
				  request for transfer to the State Treasurer. The Tax Commissioner has fulfilled
				  the responsibility for distribution of allocable revenues upon issuance of the
				  request for transfer to the State Treasurer.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-50B - Exchange of Information Agreement Between the State Tax Division and the Alcohol Beverage Control Administration (Repealed) › Section 110-50B-3 - Disclosure of Certain Information Authorized (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-50C - Exchange of Information Pursuant to Written Agreement › Section 110-50C-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule authorizes certain information to be exchanged pursuant to a
				written interagency agreement between the Commissioner of the Tax Division of
				the Department of Revenue and the Secretary of the Department of Commerce, the
				Director of the Division of Forestry of the Department of Commerce, the
				Commissioners of the Public Service Commission, the Secretary of the Department
				of Environmental Protection, the Commissioner of the Alcohol Beverage Control
				Administration of the Department of Revenue, the Commissioner of the Division
				of Labor of the Department of Commerce, the Commissioner of the Insurance
				Commission of the Department of Revenue, the Commissioner of the Division of
				Motor Vehicles of the Department of Transportation, the Executive Director of
				Workforce West Virginia (Formerly the Bureau of Employment Programs), the
				Office of the Governor, the Director of the West Virginia Lottery, and, the
				State Fire Marshal, and the West Virginia Council for Community and Technical
				College Education.
1.2. Authority.
				-- This legislative rule is promulgated under authority of W. Va. Code
				§§
									11-10-5
				and 5s; §§
									60-9-5(a)
				and 8(a); §
									21-1B-3;
				§
									29A-1-1
et seq.;
and, §
									47-25-1
et seq
.
1.3.
				Filing Date. -- February 18, 2020
1.4. Effective Date. -- February 18,
				2020
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force or effect upon February 18,
				2025.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-50C - Exchange of Information Pursuant to Written Agreement › Section 110-50C-2 - Purposes

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. W. Va. Code
				§
									11-10-5s(b)(4)
				authorizes the West Virginia State Tax Commissioner to promulgate legislative
				rules regarding a written exchange of information agreement with another State
				agency if the purpose of the agreement is to facilitate premium collection, tax
				collection or licensure requirements directly enforced, administered or
				collected by the other State agency or the Tax Commissioner.
2.2. The purpose of this legislative rule is
				to comply with West Virginia Code §
									11-10-5s(b)(4)
				in order to permit the Commissioner of the Tax Division of the Department of
				Revenue and the Secretary of the Department of Commerce, the Director of the
				Division of Forestry of the Department of Commerce, the Commissioners of the
				Public Service Commission, the Secretary of the Department of Environmental
				Protection, the Commissioner of the Alcohol Beverage Control Administration of
				the Department of Revenue, the Commissioner of the Division of Labor of the
				Department of Commerce, the Commissioner of the Insurance Commission of the
				Department of Revenue, the Commissioner of the Division of Motor Vehicles of
				the Department of Transportation, the Executive Director of Workforce West
				Virginia (Formerly the Bureau of Employment Programs), the Office of the
				Governor, the Director of the West Virginia Lottery, and, the State Fire
				Marshal, and the West Virginia Council for Community and Technical College
				Education to more efficiently and effectively perform their responsibilities
				for tax collection and licensing, including determining whether businesses are
				licensed to do business in West Virginia and that the taxes of those businesses
				are current.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-50C - Exchange of Information Pursuant to Written Agreement › Section 110-50C-3 - Disclosure of Certain Information Authorized

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commissioner of the Tax Division of the Department of
				  Revenue and the Secretary of the Department of Commerce, the Director of the
				  Division of Forestry of the Department of Commerce, the Commissioners of the
				  Public Service Commission, the Secretary of the Department of Environmental
				  Protection, the Commissioner of the Alcohol Beverage Control Administration of
				  the Department of Revenue, the Commissioner of the Division of Labor of the
				  Department of Commerce, the Commissioner of the Insurance Commission of the
				  Department of Revenue, the Commissioner of the Division of Motor Vehicles of
				  the Department of Transportation, the Executive Director of Workforce West
				  Virginia (Formerly the Bureau of Employment Programs), the Office of the
				  Governor, the Director of the West Virginia Lottery, and, the State Fire
				  Marshal, and the West Virginia Council for Community and Technical College
				  Education may, in order to accomplish the purposes set forth in Section two of
				  this legislative rule, exchange information pursuant to a written agreement
				  specifying the type and manner of information to be exchanged and containing
				  appropriate provisions for safeguarding any confidential tax information
				  received pursuant to the agreement.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-50C - Exchange of Information Pursuant to Written Agreement › Section 110-50C-4 - Consolidation of Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Previously promulgated Legislative Rule 110-50A (Department of Environmental
				Protection), effective date May 1, 1995, has been consolidated into this rule
				to promote efficiency and to facilitate the exchange of information in addition
				to that information provided to the Division of Environmental Protection
				pursuant to the existing information exchange agreement authorized by Section 9
				of the Solid Waste Assessment Fee Regulations, 110 C.S.R. 6A.
4.2. Previously promulgated Legislative Rule
				110-50B (Alcohol Beverage Control Administration), effective date May 1, 2001,
				has been consolidated into this rule to promote efficiency.
4.3. Previously promulgated Legislative Rule
				110-50D (Division of Labor, Office of the Insurance Commissioner, Division of
				Motor Vehicles, and Work Force (formerly the Bureau of Employment Programs)),
				effective date May 1, 2008, has been consolidated into this rule to promote
				efficiency. Additionally, W. Va. Code §
									21-1B-3
				authorizes the Labor Commissioner, or his or her designated representative, to
				access information maintained by any other State agency (including the Tax
				Department) for the limited purpose of confirming the validity of a worker's
				legal status or authorization to work.
4.4. Previously promulgated Legislative Rule
				110-50E (Lottery), effective date June 1, 2011, has been consolidated into this
				rule to promote efficiency.
4.5.
				Previously promulgated Legislative Rule 110-50F (State Fire Marshal), effective
				date June 1, 2011, has been consolidated into this rule to promote efficiency
				and to facilitate the exchange of information between the State Tax
				Commissioner and the State Fire Marshal who are jointly responsible for
				administering and enforcing the provisions of W. Va. Code §
									47-25-1
et seq
., the Reduced Cigarette Ignition Propensity Standards
				and Fire Prevention Act ("the Act").
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-50C - Exchange of Information Pursuant to Written Agreement › Section 110-50C-5 - Publication

Current through Register Vol. XLI, No. 28, July 12, 2024
A copy of any exchange of information agreement entered into
				  pursuant to this rule, including any subsequent revision(s) of the agreement,
				  or amendment(s) to the agreement, shall be filed by the Tax Commissioner in the
				  State Register on or before the effective date of the agreement or any revision
				  or amendment of the agreement.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-50D - Exchange of Information Agreement Between the Commissioner of the Tax Div. of the Dept of Revenue and the Commissioner of the Div. of Labor of the Dept of Commerce, the Commissioner of the Insurance Commission of the Dept of Revenue (Repealed) › Section 110-50D-1 - General (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-50D - Exchange of Information Agreement Between the Commissioner of the Tax Div. of the Dept of Revenue and the Commissioner of the Div. of Labor of the Dept of Commerce, the Commissioner of the Insurance Commission of the Dept of Revenue (Repealed) › Section 110-50D-2 - Purposes (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-50D - Exchange of Information Agreement Between the Commissioner of the Tax Div. of the Dept of Revenue and the Commissioner of the Div. of Labor of the Dept of Commerce, the Commissioner of the Insurance Commission of the Dept of Revenue (Repealed) › Section 110-50D-3 - Disclosure of Certain Information Authorized (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-50E - Exchange of Information Agreement Between the State Tax Department and the West Virginia Lottery (Repealed) › Section 110-50E-3 - Disclosure of Certain Information Authorized (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-50F - Exchange of Information Agreement Between the State Tax Department and the Office of the State Fire Marshal (Repealed) › Section 110-50F-3 - Disclosure of Certain Information Authorized (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-50G - Exchange Of Information Agreement Between The State Tax Department And The Department Of Commerce, The Department Of Transportation And The Department Of Environmental Protection › Section 110-50G-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule authorizes certain information to be exchanged pursuant to a written
				interagency agreement between the State Tax Department and the Department of
				Commerce, the Department of Transportation and the Department of Environmental
				Protection.
1.2. Authority. -- This
				rule is promulgated under the authority of W. Va. Code §§
									11-10-5
				and
				11-10-5s.
1.3. Filing Date. -- April 13,
				2012.
1.4. Effective Date. -- May
				1, 2012.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-50G - Exchange Of Information Agreement Between The State Tax Department And The Department Of Commerce, The Department Of Transportation And The Department Of Environmental Protection › Section 110-50G-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
Senate Bill 465, enacted March 12, 2011, amended W. Va. Code
				  §
									11-13Q-20
				  to require that on or before February 1, 2013, the Department of Commerce, in
				  consultation with the Tax Commissioner, the Department of Transportation and
				  the Department of Environmental Protection submit to the Governor, the
				  President of the Senate and the Speaker of the House of Delegates a report of
				  the impact of all the tax credits and other economic incentives provided in
				  S.B. 465. The report is to include the impact:
2.1. On economic development in this state,
				including but not limited to the creation of jobs in this state;
2.2. Upon the state's infrastructure,
				including but not limited to the need for construction or maintenance of the
				roads and highways of the state;
2.3. Upon the natural resources of the state;
				and
2.4. Upon public and private
				property interests in the state.
This rule will facilitate the consultation process and the
				  provision of any necessary information to the agencies
				  involved.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-50G - Exchange Of Information Agreement Between The State Tax Department And The Department Of Commerce, The Department Of Transportation And The Department Of Environmental Protection › Section 110-50G-3 - Disclosure of Certain Information Authorized

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. In accordance with W. Va. Code §
									11-10-5s(b)(4),
				the State Tax Commissioner and the Department of Commerce, the Department of
				Transportation and the Department of Environmental Protection may, in order to
				accomplish the purposes set forth in section two of this rule, exchange
				information pursuant to a written agreement specifying the type and manner of
				information to be exchanged and containing provisions for safe guarding any
				confidential information received pursuant to the agreement.
3.2. The State Tax Commissioner shall file
				with the Office of Secretary of State a copy of any exchange of information
				agreement entered into pursuant to this rule, including any subsequent revision
				of the agreement, or amendment, in order to allow an opportunity for public
				comment.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-99 - Privilege Tax On Sales Of Hemp-Derived Cannabinoid And Kratom Products › Section 110-99-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes procedures for the administration of the tax on
				retail sales of hemp-derived cannabinoid products and kratom
				products.
1.2. Authority. -- W. Va.
				Code §§29A-2-99(c),
				19-12E-12 (i)(9),
				and 19-12F-7(i).
1.3. Filing Date. -- April 30,
				2024.
1.4. Effective Date. -- April
				30, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect after August 1,
				2029.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-99 - Privilege Tax On Sales Of Hemp-Derived Cannabinoid And Kratom Products › Section 110-99-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. General Rule.
				-- Unless a specific definition is provided in subsection 2.2 of this section,
				or the context in which the term is used clearly requires a different meaning,
				the terms used in this rule have the definitions provided under W. Va. Code
				§§11-10-1
et seq
.,
				19-12E-1
et seq
., and 19-12F-1
et
				seq
.
2.2. Terms defined.
2.2.1. "Hemp-derived cannabinoid" means a
				naturally occurring non-synthetic substance as follows:
2.2.1.a. Delta-9 tetrahydrocannabinol with a
				concentration level consistent with
				7 U.S.C.
				§5940;
2.2.1.b. Delta-8
				tetrahydrocannabinol;
2.2.1.c.
				Delta-10 tetrahydrocannabinol;
2.2.1.d. Hexahydrocannabinol;
2.2.1.e. Tetrahydrocannabiphorol (THCp);
				and
2.2.1.f. Tetrahydrocannabivarin
				(THCv);
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-99 - Privilege Tax On Sales Of Hemp-Derived Cannabinoid And Kratom Products › Section 110-99-3 - Imposition of Tax

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. For the
				privilege of engaging or continuing within this state in the business of the
				retail sale of hemp-derived cannabinoid products, kratom or kratom products,
				there is levied a privilege tax.
3.2. The amount of tax imposed is 11 percent
				of the retail sales price of all hemp-derived products and kratom products sold
				during the reporting period. The tax shall not be added by the retailer as a
				separate charge or line item on any sales slip, invoice, receipt, other
				statement, or memorandum of the price paid by the purchaser.
3.3. The privilege tax is in addition to all
				other taxes imposed by law. Sales of hemp-derived cannabinoid and kratom
				products are also subject to the following taxes:
3.3.1. All retail sales of hemp-derived
				cannabinoid products or kratom products are also subject to the sales tax and
				use tax. Products designed or formulated for human consumption containing
				cannabinoid products or kratom products are not exempt from the consumers sales
				and service tax as food or food ingredients.
3.3.2. When sold as an e-cigarette liquid,
				hemp-derived cannabinoid substances are also subject to the e-cigarette liquids
				tax.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-99 - Privilege Tax On Sales Of Hemp-Derived Cannabinoid And Kratom Products › Section 110-99-4 - Administration of Tax

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Filing
				returns. -- The retailer shall file quarterly returns showing gross revenues
				from all sales of hemp-derived cannabinoid or kratom products on a form
				prescribed by the Tax Commissioner.
4.1.1. The
				return shall be filed on the 20th day of the month following the end of each
				calendar quarter. For example, for the calendar quarter ending March 31, the
				return must be filed by the following April 20.
4.1.2. Returns shall be filed
				electronically.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-99 - Privilege Tax On Sales Of Hemp-Derived Cannabinoid And Kratom Products › Section 110-99-5 - Record-Keeping Requirement

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				retailer shall keep and maintain records sufficient to allow verification of
				the information reported on returns. On audit, the retailer must be able to
				provide invoices, sales contracts, and bills of receipt documenting:
5.1.1. Vendor name;
5.1.2. Invoice date;
5.1.3. Invoice number;
5.1.4. Item description;
5.1.5. Invoice amount; and
5.1.6. Amount of hemp-derived cannabinoid or
				kratom tax paid.
West Virginia Code of State Rules › Agency 111 - Securities Commission › Title 111 - LEGISLATIVE RULES SECURITIES COMMISSIONER › Series 111-01 - Security Rules And Regulations › Section 111-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules establish the Rules and Regulations which govern any
				securities matter in this state.
1.2. Authority. -- W. Va. Code '32-4-1, 2, 3
				and 4 and '32-4-412
1.3. Filing
				Date. -- June 12, 1985
1.4.
				Effective Date. -- June 12, 1985
West Virginia Code of State Rules › Agency 111 - Securities Commission › Title 111 - LEGISLATIVE RULES SECURITIES COMMISSIONER › Series 111-01 - Security Rules And Regulations › Section 111-1-11 - Registration of broker-dealers and agents

Current through Register Vol. XLI, No. 28, July 12, 2024
Each of the rules of this section (11 through 11.2) is a
				  legislative rule, and each is adopted pursuant to the provisions of section
				  four hundred twelve, article four, chapter thirty-two of the West Virginia Code
				  and sections two hundred one, two hundred two, two hundred three and two
				  hundred four, article two, chapter thirty-two of the Code, and each rule
				  relates to sections two hundred one, two hundred two, two hundred three and two
				  hundred four, article two, chapter thirty-two of the Code.
11.1. Registration requirement.
(a) (Reserved)
(b)
(1)
				(Reserved)
(2)
				Prohibition against dual registration. -- No person shall be concurrently
				registered as an agent of more than one broker-dealer or issuer. The
				Commissioner may waive this requirement upon a finding that control and
				management of the multiple broker-dealers or issuers, as the case may be, are
				substantially identical. No waiver will be considered, in any case, except upon
				written application to the Commissioner for such and including with said
				application all pertinent materials relating to the reason(s) which the
				applicant believes entitles him/her to a waiver.
(c) Registration expiration date. Every
				registration of a broker-dealer, agent, issuer agent or investment adviser,
				expires:
(1) In the case of a broker-dealer,
				issuer agent and investment adviser, one (1) year from its effective date,
				unless renewed or sooner revoked, canceled or withdrawn;
(2) In the case of an agent of a
				broker-dealer who is not a member of the National Association of Securities
				Dealers, Inc., one (1) year from its effective date or concurrently with the
				expiration, revocation or cancellation of the registration of the associated
				broker-dealer or issuer, whichever is sooner, unless said agent registration is
				renewed or sooner revoked, canceled or withdrawn.
(3) In the case of an agent employed by a
				broker-dealer that is a member of the National Association of Securities
				Dealers, Inc., on December 31 of each year, unless renewed or sooner revoked,
				canceled or withdrawn.
(4) In the
				case of a broker-dealer who is a member of the National Association of
				Securities Dealers, Inc., on December 31 of each year; this expiration
				provision for such broker-dealers shall be effective when such broker-dealers
				are informed that the Commissioner is participating in the NASD's Central
				Registration Depository System with respect to broker-dealers.
West Virginia Code of State Rules › Agency 111 - Securities Commission › Title 111 - LEGISLATIVE RULES SECURITIES COMMISSIONER › Series 111-01 - Security Rules And Regulations › Section 111-1-14 - Registration of securities

Current through Register Vol. XLI, No. 28, July 12, 2024
Each of the rules in this section (14 through 14.14) is a
				  legislative rule, and is promulgated pursuant to the provisions of section four
				  hundred twelve, article four, chapter thirty-two of the Code, and sections
				  three hundred one, three hundred two, three hundred three, three hundred four,
				  three hundred five and three hundred six, article three, chapter thirty-two of
				  the Code, and each relates to sections three hundred one, three hundred two,
				  three hundred three, three hundred four, three hundred five and three hundred
				  six, article three, chapter thirty-two of the Code.
14.1. Registration by notification - copies
				of statement. -- The Commissioner may require by order, as a condition to
				registration by notification in case of public offering of a substantial amount
				of securities where inadequate, or no prospectus or offering circular is
				proposed to be used, that a copy of the registration statement under subsection
				(b), section two hundred three, article three, chapter thirty-two of the Code
				be given or sent to each person to whom an offer is made before or concurrently
				with such offer.
14.2. Registration
				by coordination.
(1) A person who seeks to
				register by coordination a security for which a registration statement has been
				filed under the Securities Act of 1933 in connection with the same offering
				shall file Form U-1, the consent to service of process on Form U-2, as required
				by subsection (g), section four hundred fourteen, article four, chapter
				thirty-two of the Code, and shall file the following information specified in
				subsection (b), section three hundred three, and subsection (c), section three
				hundred five, article three, chapter thirty-two of the Code:
(a) A copy of the articles of incorporation
				and a copy of the bylaws or their substantial equivalents, currently in
				effect.
(b) A copy of an agreement
				with or among underwriters.
(c) A
				copy of an indenture or other instrument governing the issuance of the security
				to be registered.
(d) A specimen or
				copy of the security.
(e) A copy of
				the latest form of prospectus filed under the Securities Act of 1933; the
				second and third copies of said prospectus need not be filed.
(f) The name of a broker-dealer registered in
				West Virginia through which the issue will be sold, or an application to
				register an issuer-agent as provided in Section 11.2(3) of these
				rules.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-02 - Substitute Checks-Exceptional Items Fund › Section 112-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule implements the provisions of W. Va. Code §
									12-4-11.
1.2. Authority. - W. Va. Code §
									12-4-11.
1.3. Filing Date. - April 7, 2022
1.4. Effective Date. - April 7,
				2022
1.5. Sunset Provision. - This
				rule shall terminate and have no further force or effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-02 - Substitute Checks-Exceptional Items Fund › Section 112-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Agency" means
				and includes any department, board, commission, division, branch office, or
				other separate unit of State government, and any officer or employee of an
				agency, who or which collects moneys due the State.
2.2. "Financial institution" means a state or
				national bank or a state or federal savings and loan association.
2.3. "Auditor" means the West Virginia State
				Auditor or his or her designee.
2.4. "Substitute check" refers to the state
				check that is reissued after an original state check is cancelled.
2.5. "Treasurer" means the West Virginia
				State Treasurer or his or her designee.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-02 - Substitute Checks-Exceptional Items Fund › Section 112-2-3 - Procedures for Substitute Checks

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An agency desiring to obtain a
				substitute check shall submit a request to the Treasurer.
3.2. When the Treasurer is notified that an
				originally issued state check is erroneous, lost, mutilated, stolen, destroyed,
				or involves forgery, or that payment is no longer required, the Treasurer shall
				issue a stop payment order to the financial institution on which the check was
				drawn.
3.3. If the financial
				institution honors the stop payment order, the Auditor and the Treasurer shall
				issue the substitute check on the account on which the original check was
				written.
3.4. If the financial
				institution refuses to honor the stop payment order because the check has been
				presented and cashed, the Treasurer shall notify the agency of the refusal and
				shall send a copy of the paid check to the agency. The agency shall notify the
				payee that the check has already been paid. If the payee claims the check
				endorsement was forged, the payee shall furnish an affidavit in the form
				specified by the Treasurer to the agency, which shall submit the affidavit to
				the Treasurer. If the Treasurer finds the affidavit acceptable and upon
				completion of an investigation that finds the payee is not at fault, the
				Auditor and the Treasurer shall issue a replacement check on the account on
				which the original check was written.
3.5. The Treasurer may pursue claims arising
				out of stolen or forged state checks against any entity involved.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-03 - Establishment Of Imprest Funds › Section 112-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule implements the provisions of W. Va. Code §
									12-2-2,
				which requires the West Virginia State Treasurer to establish and audit imprest
				funds. The purpose of this rule is to carry out the legislative intent so that
				the Treasurer may establish, control and audit imprest funds.
1.2. Authority. -- W. Va. Code §
									12-2-2.
1.3. Filing Date. -- June 16, 2011.
1.4. Effective Date. -- June 16,
				2011.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-03 - Establishment Of Imprest Funds › Section 112-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
For purposes of this rule, unless a different meaning is
				  clearly required by the context:
2.1.
				"Agency" means and includes any department, board, commission, division, branch
				office or other separate unit of state government, which includes state
				colleges and universities, and any of its officers or employees, who or which
				collects moneys due the state;
2.2.
				"Imprest Fund" means a cash change fund in a fixed amount maintained at an
				agency. The fund may be used for the purpose of providing automated teller
				machine (ATM) services at any agency or for cashing checks for students at
				state colleges and universities in West Virginia; and
2.3. "Treasurer" means the West Virginia
				State Treasurer or his or her designee from the Treasurer's office.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-03 - Establishment Of Imprest Funds › Section 112-3-3 - Establishment of Imprest Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any state agency that desires an imprest
				fund shall apply to the Treasurer for the establishment of the imprest fund.
				The application shall be made on forms prescribed by the Treasurer's office.
				The agency shall include on the forms the name of the state agency, the name
				and purpose of the imprest fund, the desired balance of the imprest fund, the
				physical location of the imprest fund and the name of the person responsible
				for the imprest fund. The Treasurer shall determine whether the application is
				complete and whether the need for the imprest fund is valid and notify the
				agency of his or her decision.
3.2.
				Any state college or university may apply to the Treasurer for the
				establishment of an imprest fund for the purpose of providing check-cashing
				services at that institution. If the Treasurer grants the request for an
				imprest fund, the state college or university may charge fees for the service
				for each check cashed and for each check returned for insufficient funds. Each
				institution shall designate certain employees to provide the service and have
				charge of the imprest fund. Any check determined by the Treasurer's Office to
				be uncollectible shall be charged against the check-cashing imprest
				fund.
3.3. Any agency may apply to
				the Treasurer for the establishment of an imprest fund for the purpose of
				providing automated teller machine (ATM) services at any state agency location.
				If the Treasurer grants the request for an imprest fund, the agency may charge
				fees for the ATM services. Each agency shall designate certain employees to
				provide the service and have charge of the imprest fund.
3.4. The agency shall deposit the fees
				received for check-cashing or automated teller machine (ATM) services into the
				imprest fund established by the agency for that service. The agency shall
				maintain an itemized account of the receipts generated from all fees. If the
				amount of cash in the imprest fund (after charges for uncollectible checks)
				exceeds the amount approved by the Treasurer at the conclusion of any audit,
				then the agency shall deposit the excess to the account from which the imprest
				fund was established.
3.5. If, at
				any time, an agency discovers a shortage in a check-cashing or ATM imprest fund
				that is attributed to human error, it may correct the shortage by charging the
				shortage against fees received for the services. If the agency suspects or
				discovers a shortage in an imprest fund due to theft, the agency shall notify
				the Treasurer immediately.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-03 - Establishment Of Imprest Funds › Section 112-3-4 - Increasing or Decreasing the Balance

Current through Register Vol. XLI, No. 28, July 12, 2024
Whenever an agency determines that there is a need to
				  increase or decrease the balance of an imprest fund, the agency shall apply to
				  the Treasurer for a change in the balance of the imprest fund. The agency shall
				  apply for the change on the forms prescribed by the Treasurer's office. The
				  agency shall state on the forms the agency name, the name and number of the
				  imprest fund, the current authorized balance, the requested balance to be
				  authorized, the reasons for the increase or decrease, and the amount of
				  increase or decrease.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-03 - Establishment Of Imprest Funds › Section 112-3-5 - Change of Person Responsible for the Imprest Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
Whenever an agency has a change in personnel responsible for
				  an imprest fund, the agency shall notify the Treasurer of the change on a form
				  prescribed by the Treasurer's office. The agency shall include on the form the
				  agency's name and physical location, the name and number of the imprest fund,
				  the balance of the imprest fund on the date of the change in personnel, the
				  signatures of the person being relieved of responsibility and the person
				  assuming the responsibility for the imprest fund and the dates the signatures
				  were affixed. The agency shall conduct an audit of the imprest fund on the
				  first day that responsibility for the imprest fund is transferred to another
				  employee. The agency shall submit a copy of the audit to the Treasurer along
				  with the notification of change form. In the event the agency discovers a
				  discrepancy in the fund due to suspected theft, the agency shall notify the
				  Treasurer's office immediately. The Treasurer's office shall notify the
				  Legislative Auditor of the theft and assist in any subsequent investigation or
				  audit.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-03 - Establishment Of Imprest Funds › Section 112-3-6 - Audit and Recordkeeping

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				The Treasurer or his or her designee shall audit all imprest funds annually. If
				the audit reveals an overage in an imprest fund, the agency shall deposit the
				overage to the account from which the fund was established. If the audit
				reveals a shortage in an imprest fund due to human error, the shortage may be
				corrected by replenishing the imprest fund with monies transferred from the
				account from which the imprest fund was established in an amount sufficient to
				maintain the approved balance. The Treasurer may decrease the approved amount
				of an imprest fund at any time. The Treasurer shall forward a copy of each
				annual audit to the Legislative Auditor. In the event the Treasurer's office
				determines that any shortage in the imprest fund is due to suspected theft, the
				Treasurer's office shall notify the Legislative Auditor of the theft and assist
				in any subsequent investigation or audit.
6.2. The Treasurer, or his or her designee,
				shall prepare a list of all approved imprest funds. The list shall state the
				names of the funds, and the location and the amount of each imprest fund as of
				the end of each fiscal year. The Treasurer shall retain the list of imprest
				funds as a permanent record of the Treasurer's office until the Legislative
				Auditor completes an audit of the imprest funds of all state
				agencies.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-04 - Procedures for Deposit of Moneys with the State Treasurer's Office by State Agencies › Section 112-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				rule implements the provisions of W. Va. Code §
									12-2-2.
1.2. Authority. - W. Va. Code §
									12-2-2.
1.3. Filing Date. - April 7, 2022
1.4. Effective Date. - April 7, 2022
1.5 Sunset Provision. - This rule
				shall terminate and have no further force or effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-04 - Procedures for Deposit of Moneys with the State Treasurer's Office by State Agencies › Section 112-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
For purposes of this rule, unless a different meaning clearly
				  is required by the context:
2.1.
				"Agency" means and includes any department, board, commission, division, branch
				office or other separate unit of State government, and any officer or employee
				of an agency, who or which collects moneys due the State;
2.2. "Check" includes a bank draft, money
				order, cashier's check, check written on the payor's checking account, and any
				other non-cash payment of funds due the State.
2.3. "Credit Card" means a card issued for
				the purpose of obtaining money, property or services on credit and includes
				charge cards.
2.4. "Depository" or
				"State Depository" means a financial institution insured by an agency of the
				federal government which has posted any required collaterally secured bond and
				which is approved by the Treasurer.
2.5. "EFT" or "Electronic Funds Transfer"
				means the transfer of funds initiated through an electronic terminal,
				telephone, computer (including online banking) or magnetic tape for the purpose
				of ordering, instructing, or authorizing a financial institution to debit or
				credit an account.
2.6. "Financial
				institution" means a state or national bank or a state or federal savings and
				loan association.
2.7. "Lockbox
				services" means the process in which payments and remittance forms are mailed
				to a post office box, retrieved and processed, and the moneys then deposited
				into a financial institution account.
2.8. "Receipt Account" means an account in
				which moneys are deposited belonging to or due the State of West Virginia or
				any of its agencies.
2.9.
				"Treasurer" means the West Virginia State Treasurer or his or her designee from
				the Treasurer's office.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-04 - Procedures for Deposit of Moneys with the State Treasurer's Office by State Agencies › Section 112-4-3 - Procedures for Deposits

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Upon
				request by an agency for a receipt account, the Treasurer shall determine
				whether the receipt account is appropriate. If the Treasurer determines the
				receipt account is appropriate, the Treasurer shall establish the receipt
				account. If the Treasurer determines the receipt account is not appropriate,
				the Treasurer shall work with the agency to make alternative
				arrangements.
3.2. Methods for
				Depositing -
3.2.1. Checks - An agency shall
				deposit its check collections by any one or more of the following methods:
3.2.1.a. The agency's own employees may take
				the checks directly to the designated depository;
3.2.1.b. An agency may use the services of a
				courier or armored car service engaged by the Treasurer to pick up deposits and
				deliver them to the designated depository;
3.2.1.c. An agency may use the Treasurer's
				lockbox services for direct processing; or
3.2.1.d. The agency may use any other method
				approved in writing by the Treasurer.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-05 - Enforcement of the Uniform Unclaimed Property Act and the Unknown and Unlocatable Interest Owners Act › Section 112-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule implements the provisions of West Virginia Code §
									36-8-1, et seq., relating to the
				Uniform Unclaimed Property Act, and the provisions of West Virginia Code §
									37B-2-1, et seq., relating to the
				Unknown and Unlocatable Interest Owners Act.
1.2. Authority. -- W. Va. Code §
									36-8-28; W.Va. Code §
									37B-2-7.
1.3. Filing Date. -- April 4, 2024
1.4. Effective Date. -- May 1, 2024
1.5. Sunset Provision. -- This rule shall
				terminate and have no further force or effect on August 1, 2029.