West Virginia § 31E-8-810 Removal of directors by judicial proceeding

West Virginia Statutes

§ 31E-8-810 — Removal of directors by judicial proceeding

West Virginia § 31E-8-810

Ch. 31EWEST VIRGINIA NONPROFIT CORPORATION ACT

Art. 8DIRECTORS AND OFFICERS

This text of West Virginia § 31E-8-810 (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 § 31E-8-810 (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 members holding at least ten percent of the voting power 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 serving on the board for a period prescribed by the court.

(c)If members commence a proceeding under subsection (a) of this section, they must make the corporation a party defendant.

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(a) The circuit court may remove a director of the corporation from office in a proceeding commenced either by the corporation or by its members holding at least ten percent of the voting power 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 serving on the board for a period prescribed by the court.

(c) If members commence a proceeding under subsection (a) of this section, they must make the corporation a party defendant.