W. Va. Code § 31D-8-809: Removal of directors by judicial proceeding.
Where this section sits in the code
- CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.
- ARTICLE 8. DIRECTORS AND OFFICERS.
(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.
Collected 2026-09-06T00:28:05Z. Source file · JSON