West Virginia Code § 31D-13-1321

Notice of intent to demand payment
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(a) If proposed corporate action requiring appraisal rights under section one thousand three
hundred two of this article is submitted to a vote at a shareholders' meeting, a shareholder
who wishes to assert appraisal rights with respect to any class or series of shares:
(1) Must deliver to the corporation before the vote is taken written notice of the
shareholder's intent to demand payment if the proposed action is effectuated; and
(2) Must not vote, or cause or permit to be voted, any shares of the class or series in favor of
the proposed action. u
(b) A shareholder who does not satisfy the requirements of subsection (a) of this section is
not entitled to payment under this article.

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