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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A person may request the secretary of state to furnish a certificate of existence for a limited liability company or a certificate of authorization for a foreign limited liability company.
(b) A certificate of existence for a limited liability company must set forth:
(1) The company's name;
(2) That it is duly organized under the laws of this state, the date of organization, whether its duration is at-will or for a specified term, and, if the latter, the period specified;
(3) If payment is reflected in the records of the secretary of state and if nonpayment affects the existence of the company, that all fees, taxes and penalties owed to this state have been paid;
(4) Whether its most recent annual report required by section 2-211 has been filed with the secretary of state;
(5) That articles of termination have not been filed; and
(6) Other facts of record in the office of the secretary of state which may be requested by the applicant.
(c) A certificate of authorization for a foreign limited liability company must set forth:
(1) The company's name used in this state;
(2) That it is authorized to transact business in this state;
(3) If payment is reflected in the records of the secretary of state and nonpayment affects the authorization of the company, that all fees, taxes and penalties owed to this state have been paid;
(4) Whether its most recent annual report required by section 2-211 has been filed with the secretary of state;
(5) That a certificate of cancellation has not been filed; and
(6) Other facts of record in the office of the secretary of state which may be requested by the applicant.
(d) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the secretary of state may be relied upon as conclusive evidence that the domestic or foreign limited liability company is in existence or is authorized to transact business in this state.
Cite this article: FindLaw.com - West Virginia Code Chapter 31B. Uniform Limited Liability Company Act § 31B-2-208. Certificate of existence or authorization - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-31b-uniform-limited-liability-company-act/wv-code-sect-31b-2-208/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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