West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-08 - Racetrack Table Games Rule › Part 8 - ACCOUNTING RECORDS AND PROCEDURES › Section 179-8-104 - Ownership Records

Current through Register Vol. XLI, No. 28, July 12, 2024
104.1.
				  The casino licensee shall keep and provide to the Commission upon request, all
				  of the following records:
104.1.a. If the
				  casino or any controlling person of the licensee is a publicly traded
				  corporation, a list of those executive officers of the publicly traded
				  corporation whose ongoing and regular responsibilities relate or are expected
				  to relate directly to the operation or oversight of the casino;
104.1.b. If the casino licensee is a
				  corporation, but is not a publicly traded corporation, then all of the
				  following records:
104.1.b.1. A certified
				  copy of its articles of incorporation and any amendments;
104.1.b.2. A certified copy of its bylaws and
				  any amendments;
104.1.b.3. A
				  certificate of good standing from the state of its incorporation;
104.1.b.4. If the corporation is operating as
				  a foreign corporation in West Virginia, a certificate of authority from the
				  West Virginia Secretary of State's Office authorizing it to do business in West
				  Virginia;
104.1.b.5. A list of all
				  current and former officers and directors for a period of two years before West
				  Virginia licensure;
104.1.b.6. A
				  certified copy of the minutes of all meetings of the stockholders and directors
				  for a period of two years before West Virginia licensure;
104.1.b.7. A current list of all current
				  stockholders, including the names of beneficial owners of shares held in street
				  or other names;
104.1.b.8. The name
				  of any company and a current list of all stockholders in the company, including
				  the names of beneficial owners of shares held in street or other names, in
				  which the corporation has a direct, indirect, or attributed interest;
104.1.b.9. A copy of the stock certificate
				  ledger or its electronic equivalent;
104.1.b.10. A complete record of all
				  transfers of stock to the extent available to the licensee or
				  applicant;
104.1.b.11. A schedule
				  of amounts paid to the corporation for the issuance of stock and other capital
				  contributions and the dates the amounts were paid;
104.1.b.12. A schedule of all dividends
				  distributed by the corporation; and
104.1.b.13. A schedule of all direct or
				  indirect salaries, wages, and other remuneration, including prerequisites, paid
				  during the calendar or fiscal year by the corporation to all officers,
				  directors, and stockholders that have an ownership interest, at any time during
				  the calendar or fiscal year, that is more than five percent of the outstanding
				  capital stock of any class of stock; or
104.1.c. If the casino licensee is a limited
				  liability company, then all of the following records:
104.1.c.1. A certified copy of the articles
				  of organization;
104.1.c.2. A
				  certified copy of the operating agreement;
104.1.c.3. A list of all current and former
				  managers, including their names and addresses;
104.1.c.4. A list of the members, including
				  all of the following information:
104.1.c.4.A. Names;
104.1.c.4.B. Addresses;
104.1.c.4.C. The percentage of interest in
				  net assets, profits, and distributions of cash held or attributable to
				  each;
104.1.c.4.D. The amount and
				  date of each capital contribution of each member;
104.1.c.4.E. The date the interest was
				  acquired; and
104.1.c.4.F. The
				  method of determining a member's interest; and
104.1.c.5. A schedule of all withdrawals of
				  company funds or assets by members;
104.1.c.6. A schedule of direct or indirect
				  salaries, wages, and other remuneration, including prerequisites, paid to each
				  member during the calendar or fiscal year;
104.1.c.7. A copy of the membership ledger or
				  its electronic equivalent;
104.1.c.8. A complete record of all transfers
				  of membership interests; and
104.1.c.9. A schedule of amounts paid to the
				  company for the issuance of membership interests and other capital
				  contributions and the dates the amounts were paid;
104.1.d. If the casino licensee is a
				  partnership, then all of the following records:
104.1.d.1. A certified copy of the
				  partnership agreement;
104.1.d.2. A
				  certificate of limited partnership of its domicile;
104.1.d.3. A list of the partners, including
				  all of the following information:
104.1.d.3.A. Names;
104.1.d.3.B. Addresses;
104.1.d.3.C. The percentage of interest in
				  net assets, profits, and losses held by each partner;
104.1.d.3.D. The amount and date of each
				  capital contribution of each partner;
104.1.d.3.E. The date the interest was
				  acquired; and
104.1.d.3.F. The
				  description of the form of the person's partnership interest, for example,
				  limited partner; or
104.1.e. If the casino licensee is a sole
				  proprietorship, then all of the following records:
104.1.e.1. A schedule showing the name and
				  address of the proprietor and the amount and date of his or her original
				  investment;
104.1.e.2. A schedule
				  of the dates and amounts of subsequent additions to the original investment and
				  any withdrawals; and
104.1.e.3. A
				  schedule of direct or indirect salaries, wages, and other remuneration,
				  including prerequisites, paid to the proprietor during the calendar or fiscal
				  year.