West Virginia Code
Article 4. Banking Institutions and Services Generally
§31A-4-3. Minimum Capital Stock; Classes of Stock; Par Value; Capitalization of Surplus

(a) No banking institution may hereafter be incorporated unless it shall have bona fide subscribed capital stock and capital surplus equal to at least $4 million. The West Virginia Board of Banking and Financial Institutions shall require capital in excess of $4 million if, in its judgment, economic conditions or the operating environment of the proposed banking institution make such a requirement necessary.
(b) Notwithstanding any provision of subsection (a) of this section, the Commissioner or the West Virginia Board of Banking and Financial Institutions may approve the incorporation of a bank newly organized solely for the purpose of facilitating the acquisition of another bank if the proposed newly organized bank has a bona fide subscribed capital stock and capital surplus of at least $60,000.
(c) Banking institutions shall issue shares of one or more classes of stock and the shares shall have a nominal or par value of not less than $1 nor more than $100 each and, as to each banking institution, each share shall be equal in all respects with any other share within each class of stock.
(d) Any banking institution may change the par value of its shares when and to the extent that any such action may be authorized in writing by the commissioner.

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