West Virginia Code § 16-9D-4

Certification of tobacco product manufacturer wanting to sell product in
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this state for the first time.
(a) A tobacco product manufacturer whose cigarettes have not previously been sold in this
state, whether directly or through a distributor, retailer or similar intermediary or
intermediaries, shall, at least thirty calendar days before beginning to sell its cigarettes in
this state, make the certification required by section three of this article. In eaddition to the
information required by section three, the manufacturer shall include the following
information in its certification: r
(1) If the tobacco product manufacturer is a partnership, limitedu liability company,
corporation, association or other business entity, the following where applicable:
(A) The names and addresses of every partner, member, officer, resident agent, director or
person performing a function similar to a director;
(B) The names and addresses of any person owningl of record a ten percent or greater equity
interest in the tobacco product manufacturer;s and
(C) A list of all names under which the tobiacco manufacturer, or any partner, member,
officer, resident agent, director, or person owning a ten percent or greater equity interest in
the tobacco manufacturer, previously did business as a tobacco product manufacturer in the
United States within the five-year period preceding the date of submission of the
certification; and
(2) A statement of whether the tobacco product manufacturer, or any partner, member,
officer, resident agent, director, or person owning a ten percent or greater equity interest in
the tobacco manufac turer, or in any subsidiary, affiliate or persons controlled by or under
common contVrol with the tobacco manufacturer, has ever been an officer, partner, director
or person owning a ten percent or greater equity interest in a tobacco product manufacturer
that ever defaulted in fully funding the escrow account required by article nine-b of this
chapter in the five-year period prior to the date of submission of the certification under this
section and, if so, a brief explanation of the facts involved.

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