West Virginia Code § 47B-1-2

Knowledge and notice
Open in Lexace · Ask the AI about this section
(a) A person knows a fact if the person has actual knowledge of it.
(b) A person has notice of a fact if the person:
(1) Knows of it;
(2) Has received a notification of it; or
(3) Has reason to know it exists from all of the facts known to the person at the time in
question.
(c) A person notifies or gives a notification to another by takting steps reasonably required to
inform the other person in ordinary course, whether or not the other person learns of it.
(d) A person receives a notification when the notification:
(1) Comes to the person's attention; or
(2) Is duly delivered at the person's place of business or at any other place held out by the
person as a place for receiving commgunications.
(e) Except as otherwise provided in subsection (f) of this section, a person other than an
individual knows, has notice, or receives a notification of a fact for purposes of a particular
transaction when the individual conducting the transaction knows, has notice, or receives a
notification of the fact, or in any event when the fact would have been brought to the
individual's attention if the person had exercised reasonable diligence. The person exercises
reasonable diligence if it maintains reasonable routines for communicating significant
information to the individual conducting the transaction and there is reasonable compliance
with the routines. Reasonable diligence does not require an individual acting for the person
to cWommunicate information unless the communication is part of the individual's regular
duties or the individual has reason to know of the transaction and that the transaction would
be materially affected by the information.
(f) A partner's knowledge, notice or receipt of a notification of a fact relating to the
partnership is effective immediately as knowledge by, notice to, or receipt of a notification
by the partnership, except in the case of a fraud on the partnership committed by or with the
consent of that partner.

‹ 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.