(a) The Secretary of State may commence a proceeding under 31E-13-1321 of this code to administratively dissolve a nonprofit corporation if:
(1) The nonprofit corporation does not pay within 60 days after they are due any fees, franchise taxes, or penalties imposed by this chapter or other law;
(2) The nonprofit corporation does not notify the Secretary of State within 60 days that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued;
(3) The nonprofit corporations period of duration stated in its articles of incorporation expires;
(4) The professional license of one or more of the license holders is revoked by a professional licensing board and the license is, or all the licenses are, required for the continued operation of the nonprofit entity;
(5) The nonprofit corporation is in default with the Bureau of Employment Programs as provided in 21A-2-6 of this code; or
(6) A misrepresentation has been made of any material matter in any application, report, affidavit, or other record submitted by the nonprofit corporation pursuant to this chapter.
(b) A nonprofit corporation administratively dissolved may apply to the Secretary of State for reinstatement within two years after the effective date of dissolution pursuant to the procedure in 31E-13-1322 of this code or appeal the Secretary of States denial of reinstatement pursuant to the procedure in 31E-13-1323 of this code.
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