West Virginia Code § 44-6A-5

Delegation of management and investment functions
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(a) Subject to any specific limitation set forth in a gift instrument or in law other than this
article, an institution may delegate to an external agent the management and investment of
an institutional fund to the extent that an institution could prudently delegate under the
circumstances. An institution shall act in good faith, with the care that an ordinarily prudent
person in a like position would exercise under similar circumstances, in: e
(1) Selecting an agent;
(2) Establishing the scope and terms of the delegation, consistenut with the purposes of the
institution and the institutional fund; and
(3) Periodically reviewing the agent's actions in order to monitor the agent's performance
and compliance with the scope and terms of the delegaation.
(b) In performing a delegated function, an agent owles a duty to the institution to exercise
reasonable care to comply with the scope and terms of the delegation.
(c) An institution that complies with subsection (a) is not liable for the decisions or actions of
an agent to which the function was delegated.
(d) By accepting delegation of a management or investment function from an institution that
is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this
state in all proceedings arising from or related to the delegation or the performance of the
delegated function.
(e) An institution ma y delegate management and investment functions to its committees,
officers, or employees as authorized by law of this state other than this article.

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