West Virginia Statutes
§ 31D-8-809 — Removal of directors by judicial proceeding
West Virginia § 31D-8-809
This text of West Virginia § 31D-8-809 (Removal of directors by judicial proceeding) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
W. Va. Code § 31D-8-809 (2026).
Text
(a)The circuit court may remove a director of the corporation from office in a proceeding commenced either by the corporation or by its shareholders holding at least ten percent of the outstanding shares of any class if the court finds that:
(1)The director engaged in fraudulent or dishonest conduct or gross abuse of authority or discretion with respect to the corporation; and (2) removal is in the best interest of the corporation.
(b)The court that removes a director may bar the director from reelection for a period prescribed by the court.
(c)If shareholders commence a proceeding under subsection (a) of this section, they must make the corporation a party defendant.
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Nearby Sections
15
§ 31D-1-101
Short title§ 31D-1-101a
Legislative acknowledgment§ 31D-1-102
Reservation of powers§ 31D-1-103
Construction of chapter§ 31D-1-120
Filing requirements§ 31D-1-121
Forms§ 31D-1-122
Filing, service and copying fees§ 31D-1-123
Effective time and date of document§ 31D-1-124
Correcting filed document§ 31D-1-125
Filing duty of Secretary of State§ 31D-1-127
Evidentiary effect of copy of filed document§ 31D-1-128
Certificate of existence§ 31D-1-129
Penalty for signing false document§ 31D-1-130
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Bluebook (online)
West Virginia § 31D-8-809, Counsel Stack Legal Research, https://law.counselstack.com/statute/wv/31D/31D-8-809.