The bill amends the procedure for the administrative dissolution of nonprofit corporations in West Virginia, specifically focusing on the role of the Secretary of State. It mandates that if the Secretary of State identifies grounds for dissolution, the corporation must be notified via certified mail. The corporation is then given a 60-day period to rectify the issues or prove that the grounds for dissolution do not exist. If the corporation fails to do so, the Secretary of State will proceed with the administrative dissolution by filing a certificate that outlines the reasons for dissolution and its effective date.
Additionally, the bill requires the Secretary of State to send electronic notice of the dissolution to the corporation if an email address is available. It clarifies that even after administrative dissolution, the corporation retains its existence but is limited to activities necessary for winding up its affairs. The authority of the corporation's registered agent remains intact despite the dissolution.
Statutes affected: Introduced Version: 31E-13-1321
Committee Substitute: 31E-13-1321
Enrolled Committee Substitute: 31E-13-1321