West Virginia Code § 31E-7-722

Proxies
Open in Lexace · Ask the AI about this section
(a) Unless the articles of incorporation or bylaws provide otherwise, a member entitled to
vote may vote in person or by proxy.
(b) A member entitled to vote by proxy or his or her agent or attorney-in-fact may appoint a
proxy to vote or otherwise act for the member by signing an appointment form or by an
electronic transmission of the appointment. An electronic transmission must contain or be
accompanied by information from which one can determine that the member, the member's
agent or the member's attorney-in-fact authorized the electronic transmission.
(c) An appointment of a proxy is effective when a signed appointment form or an electronic
transmission of the appointment is received by the inspector of election or the officer or
agent of the corporation authorized to tabulate votes. A photographic or similar
reproduction of an appointment, or a telegram, cablegram, facsimile transmission, wireless
or similar transmission of an appointment received by the inspector of election or the officer
or agent of the corporation authorized to tabulate vlotes is sufficient to effect an
appointment. An appointment is valid for elevsen months unless a longer period is expressly
provided in the appointment form.
(d) An appointment of a proxy is revgocable by the member.
(e) The death or incapacity of the member appointing a proxy does not affect the right of the
corporation to accept the proxy's authority unless notice of the death or incapacity is
received by the secretary or other officer or agent authorized to tabulate votes before the
proxy exercises his or her authority under the appointment.
(f) Subject to section seven hundred twenty-three of this article and to any express limitation
on the proxy'sV authority stated in the appointment form or electronic transmission of the
appointment, a corporation is entitled to accept the proxy's vote or other action as that of
the member making the appointment.

‹ 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.