A member of a limited liability company may maintain an action in the right of the company if the members or managers having authority to do so have refused to commence the action or an effort to cause those members or managers to commence the action is not likely to succeed.
W. Va. Code § 31B-11-1101
Right of action
Known as the Uniform Limited Liability Company Act
The act spans §§ 31B-10-1001 to 31B-9-907 (94 sections).
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.