West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-99 - Requirements For Licensure Of Nonprofit Corporations For Conservator Service › Section 64-99-4 - State Administrative Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. General Licensure Provisions.
4.1.a. A corporation may not be appointed to
				serve as conservator, limited conservator or standby conservator for a
				protected person unless the corporation first obtains a license.
4.1.b. A license is valid only for the
				corporation named in the license and is not transferable or
				assignable.
4.1.c. A licensed
				corporation shall notify the Secretary ninety days in advance of any pending
				merger or consolidation with another corporation, submitting with the
				notification a copy of the plan for merger or consolidation.
4.1.d. In the event that the surviving or the
				new corporation proposes to continue as conservator, limited conservator or
				standby conservator to any of the protected persons of the licensed
				corporation, the incorporators of the proposed corporation shall prepare an
				application as for an initial license, supplying relevant information or
				documentation of intent where official documents are unavailable. The official
				documents, such as a copy of the corporation charter shall be filed with
				Secretary immediately upon receipt. The new or surviving corporation, shall
				upon the granting of the new license, file notice with the circuit clerk of the
				continuation of all existing conservatorships, limited conservatorships and
				temporary conservatorships.
4.1.e.
				In the event that the new corporation does not propose, is not granted a
				license, or is not approved by the circuit court to continue as conservator,
				limited conservator or temporary conservator, the licensed corporation shall
				dissolve itself from its conservatorships according to law, this rule and the
				procedures of the corporation as approved by the Secretary.
4.1.f. A corporation shall notify the
				Secretary in advance of any proposed amendment to its articles of
				incorporation, requesting a decision from the Secretary as to whether the
				proposed amendment will affect the status of its license. In the event that the
				proposed amendment will adversely affect the status of the license, the
				corporation shall either:
(a) abandon the
				proposed amendment and any proposals for associated activity; or
(b) if the amendment is adopted, dissolve
				itself from its conservatorships according to law, this rule and the procedures
				of the corporation as approved by the Secretary.
4.1.g. The corporation shall notify the
				Secretary of any changes in the ownership and management of the corporation
				specified in Subdivision 4.2.c of this rule within thirty days following the
				change.
4.1.h. A corporation shall
				surrender an expired or otherwise invalid license shall be surrendered to the
				director on written demand.
4.1.i.
				A license shall state the name of the nonprofit corporation, the type of
				license, the date of issue, and the date of expiration of the
				license.