West Virginia Code § 31B-10-1003

Activities not constituting transacting business
Open in Lexace · Ask the AI about this section
(a) Activities of a foreign limited liability company that do not constitute transacting
business in this state within the meaning of this article include:
(1) Maintaining, defending or settling an action or proceeding;
(2) Holding meetings of its members or managers or carrying on any other activity
concerning its internal affairs;
(3) Maintaining bank accounts;
(4) Maintaining offices or agencies for the transfer, exchange and registration of the foreign
company's own securities or maintaining trustees or depositories with respect to those
securities; a
(5) Selling through independent contractors;
(6) Soliciting or obtaining orders, whether by mail or through employees or agents or
otherwise, if the orders require acceptance outside this state before they become contracts;
(7) Creating or acquiring indebtedness, mortgages or security interests in real or personal
property;
(8) Securing or collecting debts or enforcing mortgages or other security interests in
property securing the dLebts, and holding, protecting and maintaining property so acquired;
(9) Conducting an isolated transaction that is completed within thirty days and is not one in
the course of similar transactions of a like manner;
(10) Transacting business in interstate commerce;
(11) Applying for withholding tax on an employee residing in the State of West Virginia who
works for the foreign limited liability company in another state; and
(12) Holding all, or a portion thereof, of the outstanding stock of another corporation
authorized to transact business in the State of West Virginia: Provided, That the foreign
limited liability company does not produce goods, services or otherwise conduct business in
the State of West Virginia.
(b) For purposes of this article, the ownership in this state of income-producing real property
or tangible personal property, other than property excluded under subsection (a) of this
section, constitutes transacting business in this state.
(c) This section does not apply in determining the contacts or activities that may subject a
foreign limited liability company to service of process, taxation or regulation under any other
law of this state.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.