West Virginia Code § 31E-8-810

Removal of directors by judicial proceeding
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(a) The circuit court may remove a director of the corporation from office in a proceeding
commenced either by the corporation or by its members holding at least ten percent of the
voting power of any class if the court finds that: (1) The director engaged in fraudulent or
dishonest conduct or gross abuse of authority or discretion, with respect to the corporation;
and (2) removal is in the best interest of the corporation. e
(b) The court that removes a director may bar the director from serving on the board for a
period prescribed by the court.
(c) If members commence a proceeding under subsection (a) of this section, they must make
the corporation a party defendant.

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