(a) An owner shall:
(1) Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receivers duties;
(2) Preserve and turn over to the receiver all receivership property in the owners possession, custody, or control;
(3) Identify all records and other information relating to the receivership property, including a password, authorization, or other information needed to obtain or maintain access to or control of the receivership property, and make available to the receiver the records and information in the owners possession, custody, or control;
(4) On subpoena, submit to examination under oath by the receiver concerning the acts, conduct, property, liabilities, and financial condition of the owner or any matter relating to the receivership property or the receivership; and
(5) Perform any duty imposed by court order, this article, or law of this state other than this article.
(b) If an owner is a person other than an individual, this section applies to each officer, director, manager, member, partner, trustee, or other person exercising or having the power to exercise control over the affairs of the owner.
(c) If a person knowingly fails to perform a duty imposed by this section, the court may:
(1) Award the receiver actual damages caused by the persons failure, reasonable attorneys fees, and costs; and
(2) Sanction the failure as civil contempt.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 21. Uniform Commercial Real Estate Receivership Act
§55-21-3. Notice and Opportunity for Hearing
§55-21-6. Appointment of Receiver
§55-21-7. Disqualification From Appointment as Receiver; Disclosure of Interest
§55-21-8. Bond; Alternative Security
§55-21-9. Status of Receiver as Lien Creditor
§55-21-10. Security Agreement Covering After-Acquired Property
§55-21-11. Collection and Turnover of Receivership Property
§55-21-12. Powers and Duties of Receiver
§55-21-14. Stay of Other Actions; Injunction
§55-21-15. Engagement and Compensation of Professional
§55-21-16. Use or Transfer of Receivership Property Not in Ordinary Course of Business
§55-21-18. Defenses and Immunities of Receiver
§55-21-19. Interim Report of Receiver
§55-21-20. Notice of Appointment; Claim Against Receivership; Distribution to Creditors
§55-21-22. Removal of Receiver; Replacement; Termination of Receivership
§55-21-23. Final Report of Receiver; Discharge
§55-21-24. Receivership in Another State; Ancillary Proceeding
§55-21-25. Effect of Enforcement by Mortgagee
§55-21-26. Uniformity of Application and Construction
§55-21-27. Relation to Electronic Signatures in Global and National Commerce Act