(a) A corporation may revoke its dissolution within one hundred twenty days of its effective date.
(b) Revocation of dissolution must be authorized in the same manner as the dissolution was authorized unless that authorization permitted revocation by action of the board of directors alone, in which event the board of directors may revoke the dissolution without member action.
(c) After the revocation of dissolution is authorized, the corporation may revoke the dissolution by delivering to the Secretary of State for filing articles of revocation of dissolution, together with a copy of its articles of dissolution, that set forth:
(1) The name of the corporation;
(2) The effective date of the dissolution that was revoked;
(3) The date that the revocation of dissolution was authorized;
(4) If the corporation's board of directors or incorporators revoked the dissolution, a statement to that effect;
(5) If the corporation's board of directors revoked a dissolution authorized by the members, a statement that revocation was permitted by action by the board of directors alone pursuant to that authorization; and
(6) If member action was required to revoke the dissolution, the information required by subdivision (3), subsection (a), section one thousand three hundred three of this article.
(d) Revocation of dissolution is effective upon the effective date of the articles of revocation of dissolution.
(e) When the revocation of dissolution is effective, it relates back to and takes effect as of the effective date of the dissolution and the corporation resumes carrying on its activities as if dissolution had never occurred.
Structure West Virginia Code
Chapter 31E. West Virginia Nonprofit Corporation Act
§31E-13-1301. Dissolution by Incorporators or Initial Directors
§31E-13-1302. Dissolution by Board of Directors and Members
§31E-13-1303. Articles of Dissolution
§31E-13-1304. Revocation of Dissolution
§31E-13-1305. Effect of Dissolution
§31E-13-1306. Known Claims Against Dissolved Corporation
§31E-13-1307. Unknown Claims Against Dissolved Corporation
§31E-13-1308. Adoption of Plan for Distribution of Assets
§31E-13-1309. Liquidating Distribution of Assets
§31E-13-1320. Grounds for Administrative Dissolution
§31E-13-1321. Procedure for and Effect of Administrative Dissolution
§31E-13-1322. Reinstatement Following Administrative Dissolution
§31E-13-1323. Appeal From Denial of Reinstatement
§31E-13-1330. Grounds for Judicial Dissolution
§31E-13-1331. Procedure for Judicial Dissolution
§31E-13-1332. Receivership or Custodianship