(a) The terms of the initial directors of a corporation expire at the first members' meeting at which directors are elected or, in the case of a corporation without members entitled to vote for directors, at the first annual meeting of the board of directors, unless their terms are staggered pursuant to section eight hundred seven of this article.
(b) The terms of all other directors expire at the next annual meeting of members or the annual meeting of the directors if the corporation does not have members entitled to vote for directors, as the case may be, following their election unless their terms are staggered under section eight hundred seven of this article.
(c) A decrease in the number of directors does not shorten an incumbent director's term.
(d) The term of a director elected to fill a vacancy expires at the next meeting at which directors are elected.
(e) Despite the expiration of a director's term, he or she continues to serve until his or her successor is elected and qualifies or until there is a decrease in the number of directors.
Structure West Virginia Code
Chapter 31E. West Virginia Nonprofit Corporation Act
Article 8. Directors and Officers
§31E-8-801. Requirement for and Duties of Board of Directors
§31E-8-802. Qualifications of Directors
§31E-8-803. Number and Election of Directors
§31E-8-804. Special Provisions Regarding Directors
§31E-8-805. Election of Directors by Certain Classes of Members
§31E-8-806. Terms of Directors Generally
§31E-8-807. Staggered Terms for Directors
§31E-8-808. Resignation of Directors
§31E-8-809. Removal of Directors by Members or Directors
§31E-8-810. Removal of Directors by Judicial Proceeding
§31E-8-812. Compensation of Directors
§31E-8-821. Action Without Meeting
§31E-8-826. Court-Ordered Meeting of Directors
§31E-8-830. Standards of Conduct for Directors
§31E-8-831. Standards of Liability for Directors
§31E-8-833. Directors' Liability for Unlawful Distributions
§31E-8-841. Duties of Officers
§31E-8-842. Standards of Conduct for Officers
§31E-8-843. Resignation and Removal of Officers
§31E-8-844. Contract Rights of Officers
§31E-8-851. Permissible Indemnification
§31E-8-852. Mandatory Indemnification
§31E-8-853. Advance for Expenses
§31E-8-854. Circuit Court-Ordered Indemnification and Advance for Expenses
§31E-8-855. Determination and Authorization of Indemnification
§31E-8-856. Indemnification of Officers
§31E-8-858. Variation by Corporate Action; Application of Part