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W. Va. Code § 31B-8-803

Right to wind up limited liability company's business

Known as the Uniform Limited Liability Company Act

The act spans §§ 31B-10-1001 to 31B-9-907 (94 sections).

Applied in 1 court decision — leading case Sheehan v. Warner (In re Warner) (2012)

Most recently applied in Sheehan v. Warner (In re Warner) (September 2012)

(a) After dissolution, a member who has not wrongfully dissociated may participate in winding up a limited liability company's business, but on application of any member, member's legal representative or transferee, the circuit court, for good cause shown, may order judicial supervision of the winding up.

(b) A legal representative of the last surviving member may wind up a limited liability company's business.

(c) A person winding up a limited liability company's business may preserve the company's business or property as a going concern for a reasonable time, prosecute and defend actions and proceedings, whether civil, criminal or administrative, settle and close the company's business, dispose of and transfer the company's property, discharge the company's liabilities, distribute the assets of the company pursuant to section 8-806, settle disputes by mediation or arbitration and perform other necessary acts.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.