West Virginia Code
Article 4. Banking Institutions and Services Generally
§31A-4-20. Stockholders’ Annual Meeting; Financial Statement; Appointment, Duties and Report of Outside Auditing Firm


(a) The stockholders of each state banking institution shall meet annually. The banking institution shall prepare and submit to the stockholders a copy of the institution’s most recent fiscal year audited financial statements. The audited financial statement may be consolidated or combined statements of the banking institution, its holding company and any subsidiaries, that include a balance sheet as of the end of the fiscal year, an income statement for that year and a statement of changes in shareholders’ equity for the year. The submission is sufficient if, within 120 days of the close of the fiscal year, the banking institution delivers a physical or digital copy of the requisite statement through traditional mail or courier service, electronic mail or any other means of delivery or provides shareholders with notice of access to a digital copy of the statements published to a website or any other digital media platform or portal.
(b) The board of directors of the banking institution or, if such banking institution is controlled by a bank holding company, the bank holding company shall appoint an outside auditing firm on an annual basis to serve as the banking institution’s auditor for the year.
(c) At such time or times as it may be directed to do so by the written request of the board of directors, or the Commissioner of Financial Institutions, such outside independent auditing firm shall immediately proceed to examine the condition of the bank, and upon completion of such examination, shall file its report in writing with the board of directors. Such report shall set forth in detail all items included in the assets of the bank which the firm has reason to believe are not of the value at which they appear on the books and records of the bank, and shall give the value of each of such items according to its judgment. The board of directors shall cause such report to be retained as a part of the records of the bank.
(d) The workpapers of any audit, including any materials associated with an audit of the bank’s electronic data procedures, shall be made available to the commissioner or to the examiners of the Division of Financial Institutions upon request, and will be accorded confidentiality in conformity with §31A-2-4 of this code.

Structure West Virginia Code

West Virginia Code

Chapter 31A. Banks and Banking

Article 4. Banking Institutions and Services Generally

§31A-4-1. General Corporation Laws Applicable; Charter Applications to Be Approved by West Virginia Board of Banking and Financial Institutions

§31A-4-2. Use of Terms; Unlawfully Engaging in Banking Business; Penalties; Enforcement

§31A-4-3. Minimum Capital Stock; Classes of Stock; Par Value; Capitalization of Surplus

§31A-4-4. Majority of Stock to Be Paid in Full Before Engaging in Business; Sale of Additional Stock; Organizational Expense Fund; Affidavit of Incorporators; Penalties; Stockholder Preemptive Rights

§31A-4-5. Requirements and Procedure for Incorporation of State Banks

§31A-4-6. Examination and Investigation of Proposed Bank by Board

§31A-4-7. Time for Completion of Investigation; Notice and Hearing; Approval or Disapproval of Application for Incorporation; Completion of Corporate Organization

§31A-4-8. Directors, Their Qualifications and Oaths

§31A-4-9. Fidelity Bonds and Insurance

§31A-4-10. List of Stockholders

§31A-4-10a. Stockholder Inspection of Books and Records

§31A-4-11. Liability of Stockholders

§31A-4-12. Impairment of Capital Forbidden; Remedies; Assessments; Sale of Stock

§31A-4-13. Powers of State Banking Institutions Generally

§31A-4-14. Trust Powers of Banking Institutions

§31A-4-14a. Transfer of Fiduciary Accounts or Relationships Between Affiliated Subsidiary Banks of a Bank Holding Company or Affiliated Nonbanking Entities or Entities Jointly Owned by Federally Insured Depository Institutions

§31A-4-14b. Delegation and Fiduciary Responsibility

§31A-4-15. Required Annual Filings Before Exercising Trust Powers; Penalties; Notice of Failure to Comply

§31A-4-16. Trust Funds to Be Kept Separate; Bookkeeping and Management

§31A-4-17. Oath as Fiduciary

§31A-4-18. Capital as Fiduciary Security; Additional Security

§31A-4-18a. Short-Term Investments When Acting as a Fiduciary

§31A-4-19. Reports

§31A-4-20. Stockholders’ Annual Meeting; Financial Statement; Appointment, Duties and Report of Outside Auditing Firm

§31A-4-21. Federal Deposit Insurance; Membership in Federal Reserve System

§31A-4-22. Reserves Required of Banking Institutions; Reports; Penalties

§31A-4-23. Borrowing by Banking Institutions; Records Thereof; Penalties

§31A-4-24. Capital Notes and Debentures; Retirement; Not Subject to Assessment

§31A-4-25. Dividends; Limitations; Penal Provisions

§31A-4-26. Limitation on Loans and Extensions of Credit; Limitation on Investments; Loans to Executive Officers and Directors of Banks and Employees of the Banking Department; Exceptions; Valuation of Securities

§31A-4-27. Loans Eligible for Federal Insurance or Guaranty

§31A-4-28. Investments in Obligations Secured by Mortgages or Deeds of Trust Insured or Guaranteed by United States; Securities of Federal Agencies; Use of Such Obligations and Securities as Collateral, etc.

§31A-4-29. Application of Other Laws to Loans and Investments Under §§31a-4-27 and 31a-4-28

§31A-4-30. Charges and Interest Allowed in Certain Cases; Negotiability of Installment Notes

§31A-4-30a. Alternative Maximum Interest Rate on Loans by Banks Chartered Under State Law

§31A-4-31. Uniform and Continuing Depository Bonds Authorized; Review of Such Bonds; Correction of Inadequacy; Security for Federally Insured Deposits Not Required

§31A-4-32. Adverse Claims to Deposits and Property Held in Safe Deposit

§31A-4-33. Deposits in Trust; Deposits in More Than One Name; Limitation on Liability of Institutions Making Payments From Certain Accounts; Notice Requirements; Pledges or Garnishment of Joint Accounts; Financial Institutions Duties; Multiple-Fiduci...

§31A-4-33a. Establishment of Payable on Death Accounts; Rights of Account Owners; Change of Beneficiary to Be in Writing; Rights of Beneficiaries; Limitation on Liability of Institutions Making Payments From Such Accounts

§31A-4-34. Payment of Deposits to Minors

§31A-4-35. Reproduction of Checks and Other Records; Admissibility of Copies in Evidence; Disposition of Originals; Record Production Generally

§31A-4-36. Statement of Account to Customers; Duties of Customers; Limitations

§31A-4-37. Sale of Machine Operations and Services

§31A-4-38. Direct Leasing of Personal Property

§31A-4-39. Transactions on Legal Holidays and Sundays

§31A-4-40. Permissive Closing on Fixed Weekday or Portions of Weekdays; Notice of Closings; Emergency Closings; Procedures

§31A-4-41. Additional Authority of Board as to Limited Operations and Cessation of Business by State Banks

§31A-4-42. Unlawful for Persons Other Than Banking Institutions to Engage in the Banking Business; Penalties

§31A-4-43. Negotiable Order of Withdrawal Accounts Allowed

§31A-4-44. Employment Information

§31A-4-45. Refusal of Banking Institutions to Open Checking Accounts for Certain Individuals Convicted of Worthless Check Violations; Authorizing Criminal Background Investigation by Banking Institutions; Civil Immunity; and Confidentiality