(a) A nonprofit association shall file in the office of the Secretary of State a statement appointing an agent authorized to receive service of process.
(b) A statement appointing an agent must set forth:
(1) The name of the nonprofit association;
(2) The address in this state, including the street address, if any, of the nonprofit association, or, if the nonprofit association does not have an address in this state, its address out of state; and
(3) The name of the person in this state authorized to receive service of process and the person's address, including the street address, in this state.
(c) A statement appointing an agent must be signed and acknowledged by a person authorized to manage the affairs of a nonprofit association. The statement must also be signed and acknowledged by the person appointed agent, who thereby accepts the appointment. The appointed agent may resign by filing a resignation in the office of the Secretary of State and giving notice to the nonprofit association.
(d) A filing officer may collect a fee for filing a statement appointing an agent to receive service of process, an amendment, or a resignation in the amount charged for filing similar documents.
(e) An amendment to a statement appointing an agent to receive service of process must meet the requirements for execution of an original statement.
Structure West Virginia Code
Chapter 36. Estates and Property
Article 11. Uniform Unincorporated Nonprofit Association Act
§36-11-2. Supplementary General Principles of Law and Equity
§36-11-3. Territorial Application
§36-11-4. Real and Personal Property; Nonprofit Association as Legatee, Devisee or Beneficiary
§36-11-5. Statement of Authority as to Real Property
§36-11-6. Liability in Tort and Contract
§36-11-7. Capacity to Assert and Defend; Standing
§36-11-8. Effect of Judgment or Order
§36-11-9. Disposition of Personal Property of Inactive Nonprofit Association
§36-11-10. Appointment of Agent to Receive Service of Process
§36-11-11. Claim Not Abated by Change of Members or Officers
§36-11-13. Summons and Complaint; Service on Whom
§36-11-14. Uniformity of Application and Construction