{"data":{"id":"us-wv/w.-va.-code-36-13-26","jurisdiction":"us-wv","citation":"W. Va. Code § 36-13-26","heading":"Winding up; termination.","body":"(a) A dissolved decentralized unincorporated nonprofit association shall wind up its operations and the nonprofit association shall continue after dissolution only for the purpose of winding up.\n(b) In winding up a decentralized unincorporated nonprofit association, the members:\n(1) Shall discharge the nonprofit association's debts, obligations and other liabilities, settle and close the nonprofit association's business and distribute any remaining property:\n(A) To another entity or person with similar nonprofit purposes, if required by law other than this article;\n(B) In accordance with the nonprofit association's governing principles. In the absence of applicable governing principles, to the current members of the nonprofit association in proportion to their membership interests; or\n(C) If neither subdivision (A) or (B) of this paragraph applies, in accordance with the law of unclaimed property contained in §36-8-1 et seq. of this code.\n(2) May:\n(A) Authorize an administrator to wind up the nonprofit association in accordance with §36-13-20 of this code. Any administrator so authorized shall owe the nonprofit association a duty of care in the conduct or winding up of the nonprofit to refrain from grossly negligent or reckless conduct, willful or intentional misconduct or a knowing violation of the law;\n(B) Preserve the nonprofit association's operations and property as a going concern for a reasonable time;\n(C) Prosecute and defend actions and proceedings, whether civil, criminal or administrative;\n(D) Transfer the nonprofit association's property;\n(E) Settle disputes by mediation or arbitration;\n(F) Perform other acts necessary or appropriate to the winding up.\n(3) If the members of a nonprofit association do not appoint an administrator or administrators to wind up the nonprofit association, the members shall owe the nonprofit association a duty of care in the conduct or winding up of the nonprofit association's operations to refrain from engaging in grossly negligent or reckless conduct, willful or intentional misconduct or a knowing violation of the law.","path":["CHAPTER 36. ESTATES AND PROPERTY.","ARTICLE 13. DECENTRALIZED UNINCORPORATED NONPROFIT ASSOCIATION ACT."],"source_url":"https://code.wvlegislature.gov/36-13-26/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:04Z","sha256":"a85a3dac92c06e63a3973117d9d61fcc8ca43a223772571ca0e4566111322bde","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-36-13-25","next":"us-wv/w.-va.-code-36-13-27"},"notice":"GroundRules: Original legal text. Not legal advice."}