This bill amends the procedure for the administrative dissolution of nonprofit corporations in West Virginia, specifically under section 31E-13-1321 of the Code. It clarifies that when the Secretary of State identifies grounds for dissolution, the notification process will now involve sending written notice via certified mail, replacing the previous requirement for the Secretary to serve the corporation directly. Additionally, if the corporation fails to address the grounds for dissolution within 60 days, the Secretary of State will now sign and file a certificate of dissolution, which will include the grounds for dissolution and its effective date. Instead of filing the original certificate and serving a copy, the Secretary will send electronic notice along with a copy of the certificate if an email address is available for the corporation.
The bill maintains that a corporation that has been administratively dissolved will continue to exist but will be limited to activities necessary for winding up its affairs. It also specifies that the dissolution does not affect the authority of the corporation's registered agent. Overall, the changes aim to streamline the dissolution process and improve communication between the Secretary of State and nonprofit corporations.
Statutes affected: Introduced Version: 31E-13-1321
Committee Substitute: 31E-13-1321