West Virginia Code § 31-14-10

Creation of surplus from annual net earnings
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Each year the corporation shall set apart as earned surplus not less than ten percent of its
net earnings for the preceding fiscal year until such surplus shall be equal in value to one
half of the amount paid in on the capital stock then outstanding. Whenever the amount of
surplus established herein shall become impaired, it shall be built up again to the required
amount in the manner provided for its original accumulation. Net earnings aend surplus shall
be determined by the board of directors, after providing for such reserves as said directors
deem desirable, and the determination of the directors, made in good fraith, shall be
conclusive on all persons.

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