West Virginia Code
Chapter 47. Regulation of Trade

§47-1-3. Commissioner of Labor to Be Commissioner of Weights and Measures; Powers and Duties; Appointment of Deputies and Inspectors - The state commissioner of labor is the commissioner of weights...

§47-1-4. Systems of Weights and Measures; Technical Requirements for Weighing and Measuring Devices - The system of weights and measures in customary use in...

§47-1-5. Requirements for Packaging and Labeling - The uniform packaging and labeling regulation as adopted by the...

§47-1-6. Requirements for the Method of Sale of Commodities - The uniform regulation for the method of sale of commodities...

§47-1-7. Requirements for Unit Pricing - The uniform unit pricing regulation as adopted by the national...

§47-1-8. Requirements for the Registration of Service Persons and Service Agencies for Commercial Weighing and Measuring Devices - (a) The uniform regulation for the voluntary registration of service...

§47-1-9. Requirements for Open Dating - The uniform open dating regulation as adopted by the national...

§47-1-10. Requirements for Type Evaluation - The uniform regulation for national type evaluation as adopted by...

§47-1-11. Requirements for Motor Fuel - The uniform regulation for motor fuel as adopted by the...

§47-1-12. Misrepresentation of Quantity - No person may: (a) Sell, offer or expose for sale...

§47-1-13. Misrepresentation of Pricing - No person may misrepresent the price of any commodity or...

§47-1-14. Method of Sale - Except as otherwise provided by the commissioner or by firmly...

§47-1-15. Sale From Bulk - All bulk sales in which the buyer and seller are...

§47-1-16. Information Required on Packages - Except as otherwise provided in this article or by rule...

§47-1-17. Declarations of Unit Price on Random Weight Packages - In addition to the declarations required by section fifteen of...

§47-1-18. Advertising Packages for Sale - Whenever a packaged commodity is advertised in any manner with...

§47-1-19. State Weights and Measures Division - There shall be a state division of weights and measures...

§47-1-20. State Measurement Laboratory - (a) The commissioner shall operate and maintain a state measurement...

§47-1-21. Registration of Business - (a) On or before October 1, 1994, every commercial business...

§47-1-22. Civil Penalties - (a) No person may: (1) Use or have in possession...

§47-1-23. Criminal Penalties - (a) No person shall: (1) Hinder or obstruct any weights...

Article 1A. Regulation and Control of Bedding and Upholstery Businesses

§47-1A-1. Purpose of Article - The purpose of this article is to protect the purchaser...

§47-1A-2. Definitions - As used in this article, unless the contents clearly require...

§47-1A-3. Sales of New or Secondhand Bedding Prohibited Unless Tagged; Sales of Secondhand Filling Material as New Prohibited; Presence of Secondhand Material or Bedding as Evidence of Sale or Use - No person shall sell as new any article of bedding...

§47-1A-4. Bedding and Filling Material Exposed to Disease to Be Sterilized and Tagged Before Sale - No person shall sell any article of bedding, or any...

§47-1A-5. Filling Material From Any Animal or Fowl or Unsanitary Material to Be Sterilized - No person shall use any filling material to make any...

§47-1A-6. Secondhand Filling Material to Be Sterilized - No person shall use any filling material to make any...

§47-1A-7. Registration by Sellers of Bedding or Filling Material Required - No person, firm or corporation shall sell or offer for...

§47-1A-8. Altering, Defacing or Removing Tag or Stamp - No person other than a purchaser at retail for his...

§47-1A-9. Counterfeiting Stamps or Permits - No person shall have in his possession or shall make,...

§47-1A-10. Sterilization Processes; Permits; Fees - NOTE: During the 2017 Regular Session of the Legislature, this...

§47-1A-11. Statements Required on Tags to Be Affixed to Bedding - (1) Every article of bedding made for sale, sold, or...

§47-1A-12. Tags to Be Approved by Commissioner; Material, Color, Form and Size of Tags - (1) Whenever a tag is required by this article, it...

§47-1A-13. Commissioner's Authority to Prohibit Sales; Tagging Bedding or Material Exposed to Disease "unclean." - (1) The commissioner shall order off-sale, and may so tag,...

§47-1A-14. Annual Registration and Permit Fees - (a) The annual registration fee for all manufacturers shipping or...

§47-1A-15. Organization of Bedding Division; Rules and Regulations; Enforcement of Article - The commissioner of labor shall have the power and duty,...

§47-1A-17. Power of Inspection and Seizure; Obstruction of Commissioner or Employees Prohibited - Every place where articles of bedding are made, remade or...

§47-1A-18. Penalties for Violations - Any person who violates a provision of this article shall...

Article 2. Trademarks in General

§47-2-1. Definitions - As used in this article: (1) The term "trademark" means...

§47-2-2. Registrability - A mark by which the goods or services of any...

§47-2-3. Application for Registration - (a) Subject to the limitations set forth in this article,...

§47-2-4. Filing of Applications - (a) Upon the filing of an application for registration and...

§47-2-5. Certificate of Registration - (a) Upon compliance by the applicant with the requirements of...

§47-2-6. Duration and Renewal - (a) A registration of mark hereunder shall be effective for...

§47-2-7. Assignments, Changes of Name and Other Instruments - (a) Any mark and its registration hereunder shall be assignable...

§47-2-8. Records - The secretary shall keep for public examination a record of...

§47-2-9. Cancellation - The secretary shall cancel from the register, in whole or...

§47-2-10. Classification - The secretary shall, by legislative rule promulgated in accordance with...

§47-2-11. Fraudulent Registration - Any person who shall for himself or herself, or on...

§47-2-12. Infringement - Subject to the provisions of section sixteen of this article,...

§47-2-13. Injury to Business Reputation; Dilution - (a) The owner of a mark which is famous in...

§47-2-14. Remedies - (a) Any owner of a mark registered under this article...

§47-2-14a. Trademark Counterfeiting - (a) A person commits trademark counterfeiting if the person knowingly...

§47-2-14b. Misdemeanor Trademark Counterfeiting; Penalty - (a) A person commits the crime of misdemeanor trademark counterfeiting...

§47-2-14c. Felony Trademark Counterfeiting; Penalty - (a) A person commits the crime of felony trademark counterfeiting...

§47-2-14d. Seizure, Forfeiture and Disposal - (a) The following are subject to seizure and forfeiture in...

§47-2-15. Forum for Actions Regarding Registration; Service on Out-of-State Registrants - (a) Actions to require cancellation of a mark registered pursuant...

§47-2-16. Common Law Rights - Nothing herein shall adversely affect the rights or the enforcement...

§47-2-17. Fees - (a) The secretary shall charge the following fees for services...

§47-2-18. Severability - If any provision hereof, or the application of such provision...

§47-2-19. Time of Taking Effect -- Repeal of Prior Articles; Intent of Article - (a) This article is effective July 1, 1996, but shall...

Article 2A. Copyright Protection

§47-2A-1. Legislative Findings - The Legislature finds and declares that: (a) Under the copyright...

§47-2A-2. Definitions - As used in this article: (1) "Copyright owner" means the...

§47-2A-3. Publication of Royalty Rates; Notice Requirement; Sanctions for Failure to Publish - (a) Any copyright owner or performing rights society seeking to...

§47-2A-4. Applicability - This article does not apply to contracts between copyright owners...

Article 5. Safety Glazing Materials

§47-5-1. Definitions - For the purposes of this article: (a) "Fabricator" means a...

§47-5-2. Labeling Required - (a) Each light of safety glazing material manufactured, distributed, imported...

§47-5-3. Safety Glazing Materials Required in Hazardous Locations - It shall be unlawful in this state to knowingly sell,...

§47-5-4. Nonliability of Employees - No liability under this article is created for workmen who...

§47-5-5. Violations; Penalties - Whoever violates any of the provisions of this article shall...

§47-5-6. Effective Date; Prior Contracts - This article shall take effect on July 1, 1971. All...

Article 6. Money and Interest

§47-6-1. Money of Account - The money of account of this state shall be the...

§47-6-2. Writing, Account or Entry Valid Although Sum Expressed in Other Money - No writing shall be invalid, nor the force of any...

§47-6-3. In Suits for Foreign or Other Money, Value in Money of Account to Be Fixed - In any suit for a sum of money expressed in...

§47-6-4. Silver Coin as Legal Tender - The silver coin issued by the government of the United...

§47-6-5. Legal Rate of Interest; Agreements in Writing Fixing Rate of Interest; Agreements in Writing Fixing Rate of Interest for Residential Real Estate Purposes; Providing There May Be No Penalty Upon Prepayment; Quarterly Reports Required - (a) Except in cases where it is otherwise specially provided...

§47-6-5a. Interest Charges on Loans Repayable in Installments - Except in cases where it is otherwise specially provided by...

§47-6-5b. Legislative Findings; Fixing Maximum Interest Rate on Certain Loans and Forbearances of Money Secured by Mortgages or Deeds of Trust Upon Real Property; Authorizing Commissioner of Banking to Fix Maximum Interest Rate on Such Loans and Forb... - (a) The Legislature hereby finds and declares that: (1) Changes...

§47-6-5c. Interest on the Forebearance of Money - Wherever any law authorizes any person to loan money at...

§47-6-5d. Rebate Upon Prepayment, Refinancing, Consolidation or Otherwise; Liability and Penalties for Excess Charges - (a) Upon prepayment in full of a precomputed loan, credit...

§47-6-6. Usury and Usurious Contracts; Penalties and Forfeitures - All contracts and assurances made directly or indirectly for the...

§47-6-7. Pleading Usury; Reply; Evidence; Issues; Trial; Judgment - Any defendant may plead in general terms that the contract...

§47-6-8. Remedy in Equity; Injunction Against Sale of Security - Any borrower of money or other thing may exhibit a...

§47-6-9. Action or Suit to Recover Back Usurious Interest - If an excess beyond the lawful interest be paid in...

§47-6-10. Corporations, Partnerships, and Limited Partnerships Not Entitled to Defense of Usury - No corporation, partnership, limited partnership or limited liability company may...

§47-6-11. Certain Business Debts Exempt From Usury Laws - No law limiting interest rates or providing for forfeiture, penalty,...

Article 8. Trade Names

§47-8-2. Business Not to Be Conducted Under Assumed Name Without Filing Certificate of True Name - No individual, sole proprietorship or general partnership may carry on,...

§47-8-3. Indexing of Forms Filed With Secretary of State - The Secretary of State shall keep a searchable database of...

§47-8-4. Corporations, Associations, Limited Partnerships, Limited Liability Partnerships, and Limited Liability Companies Not to Conduct Business Under Assumed Name Without Certificate of Trade Name; Application; Issuance of Certificate of Trade Nam... - (a) No business entity organized as a corporation, limited partnership,...

§47-8-5. Penalty for Violations - Any individual, sole proprietorship, general partnership, corporation, limited partnership, limited...

Article 9. Uniform Limited Partnership Act

§47-9-1. Definitions - As used in this article, unless the context otherwise requires:...

§47-9-2. Name of Limited Partnership - The name of each limited partnership as set forth in...

§47-9-3. Reservation of Name - (a) The exclusive right to the use of a name...

§47-9-4. Secretary of State Constituted Attorney-in-Fact for All Limited Partnerships; Manner of Acceptance or Service of Notice and Process Upon Secretary of State; What Constitutes Conducting Affairs or Doing or Transacting Business in This State f... - The Secretary of State is hereby constituted the attorney-in-fact for...

§47-9-5. Office and Records - (a) Each limited partnership shall continuously maintain in this state...

§47-9-6. Nature of Business - A limited partnership may carry on any business which a...

§47-9-7. Business Transactions of Partner With Partnership - Except as provided in the partnership agreement, a partner may...

§47-9-8. Certificate and Formation of Limited Partnership - (a) In order to form a limited partnership, two or...

§47-9-9. Amendment to Certificate - (a) A certificate of limited partnership is amended by filing...

§47-9-10. Cancellation of Certificate - A certificate of limited partnership shall be canceled upon the...

§47-9-10a. Administrative Dissolution of a Limited Partnership; Reinstatement; Appeals - (a) The Secretary of State may commence a proceeding to...

§47-9-11. Execution of Certificates - (a) Each certificate required by this article to be filed...

§47-9-12. Judicial Amendment or Cancellation of Certificate - If a person required by section eleven of this article...

§47-9-13. Filing of Certificate - (a) One signed copy of the certificate of limited partnership...

§47-9-14. Liability for False Statement in Certificate - If any certificate of limited partnership or certificate of amendment...

§47-9-15. Notice - The fact that a certificate of limited partnership is on...

§47-9-16. Delivery of Certificates to Limited Partners - Upon the return by the Secretary of State pursuant to...

§47-9-17. Admission of Limited Partners - (a) A person becomes a limited partner on the later...

§47-9-18. Voting by Limited Partners - Subject to section nineteen of this article, the partnership agreement...

§47-9-19. Liability to Third Parties - (a) Except as provided in subsection (d) of this section,...

§47-9-20. Person Erroneously Believing Himself Limited Partner - (a) Except as provided in subsection (b) of this section,...

§47-9-21. Right of Limited Partner to Information - Each limited partner has the right to: (1) Inspect and...

§47-9-22. Admission of Additional General Partners - After the filing of a limited partnership's original certificate of...

§47-9-23. Events of Withdrawal of General Partner - Except as approved by the specific written consent of all...

§47-9-24. General Powers and Liabilities of General Partner - (a) Except as provided in this article or in the...

§47-9-25. Contributions by General Partner - A general partner of a limited partnership may make contributions...

§47-9-26. Voting by General Partners - The partnership agreement may grant to all or certain identified...

§47-9-27. Form of Contribution - The contribution of a partner may be in cash, property,...

§47-9-28. Liability for Contribution - (a) No promise by a limited partner to contribute to...

§47-9-29. Sharing of Profits and Losses - The profits and losses of a limited partnership shall be...

§47-9-30. Sharing of Distributions - Distributions of cash or other assets of a limited partnership...

§47-9-31. Interim Distributions - Except as provided in this article, a partner is entitled...

§47-9-32. Withdrawal of General Partner - A general partner may withdraw from a limited partnership at...

§47-9-33. Withdrawal of Limited Partner - A limited partner may withdraw from a limited partnership at...

§47-9-34. Distribution Upon Withdrawal - Except as provided in this article, upon withdrawal any withdrawing...

§47-9-35. Distribution in Kind - Except as provided in writing in the partnership agreement, a...

§47-9-36. Right to Distribution - At the time a partner becomes entitled to receive a...

§47-9-37. Limitations on Distribution - A partner may not receive a distribution from a limited...

§47-9-38. Liability Upon Return of Contribution - (a) If a partner has received the return of any...

§47-9-39. Nature of Partnership Interest - A partnership interest is personal property.

§47-9-40. Assignment of Partnership Interest - Except as provided in the partnership agreement, a partnership interest...

§47-9-41. Rights of Creditor - On application to a court of competent jurisdiction by any...

§47-9-42. Right of Assignee to Become Limited Partner - (a) An assignee of a partnership interest, including an assignee...

§47-9-43. Power of Estate of Deceased or Incompetent Partner - If a partner who is an individual dies or a...

§47-9-44. Nonjudicial Dissolution - A limited partnership is dissolved and its affairs shall be...

§47-9-45. Judicial Dissolution - On application by or for a partner, the appropriate circuit...

§47-9-46. Winding Up of Affairs - Except as provided in the partnership agreement, the general partners...

§47-9-47. Distribution of Assets - Upon the winding up of a limited partnership, the assets...

§47-9-48. Law Governing Foreign Limited Partnerships - Subject to the Constitution of this state, (1) the laws...

§47-9-49. Registration of Foreign Limited Partnership - (a) Before transacting business in this state, a foreign limited...

§47-9-50. Issuance of Registration - If the Secretary of State finds that an application for...

§47-9-51. Registration of Name of Foreign Limited Partnership - A foreign limited partnership may register with the Secretary of...

§47-9-52. Foreign Limited Partnership -- Changes and Amendments to Registration - If any statement in the application for registration of a...

§47-9-53. Foreign Limited Partnership -- Cancellation of Registration - A foreign limited partnership may cancel its registration by filing...

§47-9-53a. Revocation and Reinstatement of Foreign Limited Partnership Certificates of Authority - (a) The Secretary of State may revoke a certificate of...

§47-9-54. Foreign Limited Partnership -- Transaction of Business Without Registration - (a) A foreign limited partnership transacting business in this state...

§47-9-55. Action by Attorney General to Restrain a Foreign Limited Partnership - The Attorney General may bring an action to restrain a...

§47-9-56. Right of Action by Limited Partner - A limited partner may bring an action in the right...

§47-9-57. Proper Plaintiff in Derivative Action - In a derivative action, the plaintiff must be a partner...

§47-9-58. Pleading in Derivative Action - In a derivative action, the complaint shall set forth with...

§47-9-59. Expenses in Derivative Action - If a derivative action is successful in whole or in...

§47-9-60. Construction and Application of Article - This article shall be applied and construed to effectuate its...

§47-9-61. Short Title of Article - This article may be cited as the "Uniform Limited Partnership...

§47-9-62. Effective Date of Article - The provisions of this article become effective on January 1,...

§47-9-63. Rules for Cases Not Provided for in Article - In any case not provided for in this article, the...

Article 9A. Voluntary Associations and Business Trusts

§47-9A-1. Right to Acquire and Dispose of Property; Execution of Deeds and Other Writings - Any persons who are now or who have heretofore been...

§47-9A-2. Application for Registration of Business Trust; Issuance of Certificate of Business Trust - (a) For the purposes of this article, a "business trust"...

§47-9A-3. Filing of Voluntary Association; Issuance of Certificate of Voluntary Association - (a) For purposes of this article, a "voluntary association" is...

§47-9A-4. Application of Laws Relating to Corporations; Name of Business Trust or Voluntary Association; Adoption and Use of Trade Name and Seal; Amendment of Declaration, Articles or Agreement; Change of Agent for Service of Process, Trustees, and M... - (a) Unless otherwise specifically provided in this article, any business...

§47-9A-5. Providing for Use of Trade Names; Acknowledgment of Deeds and Other Writings - Any declaration, articles or agreement of trust of a business...

§47-9A-6. Validation of Deeds and Other Writings Heretofore Executed - All such deeds, leases, contracts and other written instruments with...

§47-9A-7. Repeal of Conflicting Acts; Severability - All acts or parts of acts in conflict with this...

Article 10. Liquid Fuels and Lubricating Oils

§47-10-1. Fraudulent Sale of Liquid Fuels, Lubricating Oils, etc., Prohibited - It shall be unlawful for any person, firm or corporation...

§47-10-2. Unlawful to Sell From Distributing Equipment Any Liquid Fuels, etc., Other Than Those Named Thereon - It shall be unlawful for any person, firm or corporation...

§47-10-3. Unlawful to Imitate Designs or Trade Names of Recognized Brands of Liquid Fuels, etc. - It shall be unlawful for any person, firm or corporation...

§47-10-4. Unlawful to Sell Under Established Trade Name Any Substituted, Mixed, Adulterated or Other Liquid Fuels, etc., Than Those Manufactured or Distributed Under Such Trade Name - It shall be unlawful for any person, firm or corporation,...

§47-10-5. Unlawful to Deliver Into Distributing Device Any Other Liquid Fuels, etc., Than Those Indicated by Trade Name Thereon - It shall be unlawful for any person, firm or corporation...

§47-10-6. Trade Name of Lubricating Oil to Be Shown; Sign Showing No Trade Name - There shall be firmly attached to or painted at or...

§47-10-6a. Posting of the Alcoholic Content of Gasoline - Any retail distributor of gasoline who sells gasoline to which...

§47-10-7. Offenses; Penalties; Revocation of Distributor's License - Any person, firm or corporation, or any officer, agent, or...

Article 11A. Unfair Trade Practices

§47-11A-1. Legislative Findings; Designation of Article - (a) The Legislature hereby finds that the sale of goods...

§47-11A-2. When Selling Below Cost Prohibited; Penalty - Except as otherwise provided in this article, it shall be...

§47-11A-3. When Rebates and Special Privileges Prohibited; Penalty - The secret payment or allowance of rebates, refunds, commissions, or...

§47-11A-4. Personal Responsibility of Directors, Officers or Agents - Any person who, either as director, officer or agent of...

§47-11A-5. “Retailer” and “wholesaler” Defined; Sales and Transfers Subject to Article - (a) The term “retailer” shall mean and include every person,...

§47-11A-6. How Cost Determined - (a) The term "cost" when applicable to the business of...

§47-11A-7. When Invoice Cost of Goods Purchased at Forced, etc., Sale May Be Used - In establishing the "cost" of a given article, product or...

§47-11A-8. Sales Exempt - The provisions of this article shall not apply to any...

§47-11A-9. Injunctions; Damage Suits; and Jurisdiction - (a) Any person, partnership, firm, corporation, or other entity injured...

§47-11A-11. Penalties for Violations - Any person, firm, partnership, corporation, joint-stock company or other association,...

§47-11A-12a. Unsolicited Goods - No person, firm, partnership, association or corporation, or agent or...

§47-11A-14. Purposes of Article - The Legislature declares that the purposes of this article are:...

Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales

§47-11B-1. Legislative Findings - The Legislature hereby finds and declares that certain sales of...

§47-11B-2. Definitions - Unless the context in which used clearly requires a different...

§47-11B-3. License Required; Exceptions - It shall be unlawful for any person in this state...

§47-11B-4. License Application Requirements - Any person desiring to conduct a sale regulated by this...

§47-11B-5. Investigation of Application; Grounds for Denial - Upon receipt of the application, the commissioner may in his...

§47-11B-6. Duration of Sale; License Fee - A license to conduct a sale issued pursuant to this...

§47-11B-7. Revocation of License; Grounds - The commissioner may, on his own initiative, or shall, upon...

§47-11B-8. Notice of Denial, Refusal or Revocation of License; Judicial Review Thereof - Whenever the commissioner shall deny or refuse to issue a...

§47-11B-9. Bond Required - No license shall be issued unless the applicant files with...

§47-11B-10. Branch Stores and Warehouses - If the applicant owns, conducts or operates more than one...

§47-11B-11. Substitution, Addition and Commingling of Goods Voids License; Change of Time or Place of Sale; Certain Purchases Prohibited - (a) Any substitution for or addition to goods described in...

§47-11B-12. Copy of Application, Inventory and License to Be Posted; License to Be Referred to in Advertisements - A copy of the application for a license to conduct...

§47-11B-13. Opening of a Similar Business Within One Year of Sale Prohibited - Opening of a business similar to the one for which...

§47-11B-14. Records - (a) Suitable books and records concerning said sale shall be...

§47-11B-15. Penalties for Violations - Any person who shall violate any of the provisions of...

§47-11B-16. Severability - If any part or parts of this article shall be...

§47-11B-17. Effective Date - This article shall become effective on July 1, 1967.

Article 11C. West Virginia Petroleum Products Franchise Act

§47-11C-1. Short Title - This article shall be known and may be cited as...

§47-11C-2. Definitions - As used in this article: (1) "Adult" means any person...

§47-11C-3. Franchise Agreement - Every franchise agreement between a producer and a dealer shall...

§47-11C-4. Disclosures to Prospective Dealers - A producer shall disclose in writing to any prospective dealer...

§47-11C-5. Termination of or Refusal to Renew Franchise; Notice; Grounds - (1) No producer directly or indirectly through any officer, agent...

§47-11C-5a. Motor Fuel Franchise Agreements - (a) Effective July 1, 1983, every franchise agreement entered into...

§47-11C-6. Damages; Remedies - (1) Any producer or dealer, aggrieved by a violation of...

§47-11C-7. Application - This article shall not apply to a franchise granted prior...

§47-11C-8. Effective Date - This article shall take effect on July 1, 1976.

Article 11D. The Motion Picture Fair Competition Act

§47-11D-1. Purpose - The purpose of this article is to establish fair and...

§47-11D-2. Definitions - When used in this article, unless the context indicates otherwise:...

§47-11D-3. Blind Bidding Prohibited; Invitation to Bid; Provisions of Article Waived as to Certain Exhibitors - (a) Blind bidding is hereby prohibited within the state. No...

§47-11D-4. Bidding Procedures - If bids are solicited from exhibitors for the licensing of...

Article 11E. Physicians Freedom of Practice Act

§47-11E-1. Definitions - As used in this article: “Contract” means a written agreement...

§47-11E-2. Limitation on Contractual Provisions in Physician Employment Contract - (a) A covenant not to compete contained in a contract...

§47-11E-3. Enforceability of Other Provisions - Provided that the contract does not state otherwise, nothing in...

§47-11E-4. Exemptions to Limitations - The limitations set forth in this article do not apply...

§47-11E-5. Applicability - This article applies to any contract between a physician and...

Article 11F. Farm Equipment Dealer Contract Act

§47-11F-1. Short Title - This article shall be known and may be cited as...

§47-11F-2. Definitions - (a) As used in this article, unless the context in...

§47-11F-3. Notice of Termination of Agreement or Contract - (a) The provisions of any agreement to the contrary notwithstanding,...

§47-11F-4. Supplier Requirement to Repurchase Dealer Inventory; Terms of Repurchase - (a) The provisions of any agreement to the contrary notwithstanding,...

§47-11F-5. Exceptions to Repurchase Requirement - Any other provisions of this article to the contrary notwithstanding,...

§47-11F-6. Applicability of Uniform Commercial Practices - (a) The provisions of this article do not affect a...

§47-11F-7. Warranty Claims - If after the termination of a contract or agreement, the...

§47-11F-8. Civil Remedies Applicable - (a) The provisions of any agreement to the contrary notwithstanding,...

Article 14. Preneed Funeral Contracts

§47-14-1. Declaration of Policy; Legislative Intent - It is contrary to public policy for any person to...

§47-14-2. Definitions - As used in this article, unless the context otherwise requires:...

§47-14-3. Certificate of Authority Required; Fees to Go to Division; Special Account Established; Duties of Certificate Holder - (a) No person may receive, hold, control or manage any...

§47-14-4. Agents and Employees; Licenses Required; Fee to Go to Division - No agent or employee of a contract seller may sell...

§47-14-5. Disposition of Proceeds; Trusts; Procedure for Administration; Division to Promulgate Rules - (a) All sums paid or collected on such preneed funeral...

§47-14-6. Withdrawal of Funds - (a) Disbursements of funds discharging any preneed funeral contract shall...

§47-14-7. Income on Trust Accounts - (a) Whether the payments on a preneed funeral contract are...

§47-14-8. Limitations on Enforcement of Contract; Appointment and Removal of Trustees; Standards for Administration of Trusts; Contracts May Be Irrevocable; &Quot;preneed Guarantee Fund" Established; Assignment of Contract Allowed; Credit Life Insura... - (a) A contract seller, provider or person making the preneed...

§47-14-9. Forms and Rules - The administration and enforcement of the provisions of this article...

§47-14-10. Solicitation - (a) Any contract seller or agent or employee or person...

§47-14-11. Disciplinary Proceedings; Revocation of License or Certificate; Liquidation Upon Violation - (a) No person shall: (1) Violate any provisions of this...

§47-14-12. Civil Action; Attorney's Fees - (a) The failure of a certificate holder, a licensee or...

§47-14-13. Penalty - (a) Any person who willfully and knowingly conceals or embezzles...

§47-14-14. Severability - If any section, subsection, subdivision, subparagraph, sentence or clause of...

Article 15. Pyramid Promotional Scheme

§47-15-1. Definitions - (a) "Pyramid promotional scheme" shall mean the organization of any...

§47-15-2. Unlawful Act - No person shall promote any pyramid promotional scheme, either personally...

§47-15-3. Contracts Void and Unenforceable - All contracts and agreements entered into after the effective date...

§47-15-4. Restraining Prohibited Acts - The prosecuting attorney of any county or the Attorney General,...

§47-15-5. Criminal Penalties - Any person who shall violate the provisions of this article...

§47-15-6. Severability - If any provision of this article is declared unconstitutional or...

Article 16. Collection Agencies

§47-16-1. Citation of Article - This article may be cited as the "Collection Agency Act...

§47-16-2. Definitions - The following words and terms as used in this article...

§47-16-3. Scope - No person, firm, corporation or association shall establish or conduct...

§47-16-4. Requirements for Conduct of Agency - (a) License. -- No person, firm, corporation or association shall...

§47-16-5. Penalty; Civil Liability - (a) Any person, firm, corporation or association violating any of...

Article 17. Regulation of Motor Fuel Contracts

§47-17-1. Contracts for the Payment of Manufactures' Excise Taxes - (a) If a contract requires one party to reimburse another...

Article 18. Antitrust Act; Restraint of Trade

§47-18-1. Short Title - This article shall be known and may be cited as...

§47-18-2. Definitions - As used in this article, unless the context otherwise requires:...

§47-18-3. Contracts and Combinations in Restraint of Trade - (a) Every contract, combination in the form of trust or...

§47-18-4. Establishment, Maintenance or Use of Monopoly - The establishment, maintenance or use of a monopoly or an...

§47-18-5. Exemptions - (a) Labor of a human being is not a commodity...

§47-18-6. General Powers and Duties of Attorney General - The Attorney General shall investigate suspected violations of, and institute...

§47-18-7. Investigations; Powers and Duties of Attorney General - (a) If the Attorney General has probable cause to believe...

§47-18-8. Injunctions and Other Relief; Violations; Jurisdiction - The Attorney General may institute proceedings to prevent and restrain...

§47-18-9. Damages; Treble Damage Suits - Any person who shall be injured in his business or...

§47-18-10. Final Judgment in Civil Proceeding as Prima Facie Evidence - A final judgment rendered in any civil proceeding brought by...

§47-18-11. Limitation of Actions - Any action brought to enforce the provisions of this article...

§47-18-12. Suspension of Limitation Period - Whenever any civil proceeding shall be commenced by the state...

§47-18-13. Cumulative Remedies - The remedies provided in this article shall be cumulative.

§47-18-14. Cooperation With Federal Government and Other States - The Attorney General may cooperate with officials of the federal...

§47-18-15. Venue - Actions or proceedings under this article may be brought in...

§47-18-16. Judicial Construction - This article shall be construed liberally and in harmony with...

§47-18-17. Attorney General to Bring Actions on Behalf of State Residents; Procedures Used in Such Actions; Damages - (a) The Attorney General shall be permitted to bring an...

§47-18-18. Disposition of Funds - All civil penalties exacted pursuant to this article, unless otherwise...

§47-18-19. Antitrust Enforcement Fund - All money received by the state as a result of...

§47-18-20. Rules and Regulations - The Attorney General may make and adopt such rules and...

§47-18-21. Cooperation by Public Agencies, Officials and Employees - It shall be the duty of all public officers, their...

§47-18-22. Assurances of Voluntary Compliance - In the administration of this article, the Attorney General may...

§47-18-23. Severability - If, for any reason, any section, sentence, clause, phrase or...

Article 19. Drug Paraphernalia

§47-19-1. Items Designed or Marketed for Use With Controlled Substances; License Required - It shall be unlawful for any person or persons as...

§47-19-2. Application - (a) Application to sell any item, effect, paraphernalia, accessory or...

§47-19-3. Drug Paraphernalia Defined - (a) The following items, if marketed for use or designed...

§47-19-4. Records - Every licensee must keep a record of every item, effect,...

§47-19-5. Regulations - The applicant shall comply with all applicable rules of the...

§47-19-6. Sale to Minors Prohibited; Penalty - It shall be unlawful to sell items as described in...

§47-19-7. Penalty - Any person violating any provision of this article shall, if...

§47-19-8. Sale of Drug Paraphernalia at Certain Events or Outdoors Prohibited - (a) Any person who attempts to sell or offer for...

Article 20. Charitable Bingo

§47-20-1. Legislative Intent - The Legislature, in recognition of the recreational enjoyment the people...

§47-20-2. Definitions - For purposes of this article, unless specified otherwise: (a) "Bingo"...

§47-20-3. Who May Hold Bingo Games; Application for License; Licenses Not Transferable - Any charitable or public service organization which has been in...

§47-20-4. Annual License; Conditions on Holding of Games - A charitable or public service organization or any of its...

§47-20-5. Limited Occasion License; Conditions on Holding of Games - A limited occasion license is valid only for the time...

§47-20-5a. Venue - Any charitable or public service organization or any of its...

§47-20-6. License Fee and Exemption From Taxes - (a) A license fee shall be paid to the Tax...

§47-20-6a. Super Bingo License - Any charitable or public service organization may, upon payment of...

§47-20-7. Information Required in Application - An application for a bingo license shall include the following...

§47-20-8. Amendment of License - If circumstances beyond the control of the licensee organization prohibit...

§47-20-9. Licensee Rules and Regulations - Each licensee may adopt rules and regulations, not inconsistent with...

§47-20-10. Limits on Prizes Awarded -- General Provisions - Except as otherwise provided in section twenty-two of this article,...

§47-20-11. Operator of Bingo Games and Related Concessions - (a) Except as provided in sections thirteen and twenty-two of...

§47-20-12. Compensation - Except as provided otherwise in sections twelve-a, thirteen and twenty-two...

§47-20-12a. Compensation of Bingo Operator; Number of Employees - (a) Within the guidelines set forth in subsections (b), (c)...

§47-20-13. Concessions Exception - A licensee may allow any individual, firm, partnership or corporation...

§47-20-15. Payment of Reasonable Expenses From Proceeds; Net Proceeds Disbursement - (a) The reasonable, necessary and actual expenses incurred in connection...

§47-20-16. Records; Commissioner Audit - Any licensee which holds a bingo occasion as provided by...

§47-20-17. Advertising - A licensee may advertise its bingo occasions in a manner...

§47-20-18. Fraud; Penalties - In addition to any other offense set forth in this...

§47-20-19. Obtaining License Fraudulently; Penalty - In addition to any other offense set forth in this...

§47-20-20. Violation of Provisions; Penalties - Any person who knowingly violates the provisions of this article...

§47-20-21. Proceeds of State Fair - The Legislature declares that the net proceeds of any bingo...

§47-20-22. State Fair Bingo License; Rules and Regulations - The West Virginia state fair board may apply annually to...

§47-20-23. Administration; Rules and Regulations - (a) The Tax Commissioner shall administer the provisions of this...

§47-20-24. Filing of Reports - Each licensee holding an annual license shall file with the...

§47-20-25. Filing of Copy of License; Application Open to Public Inspection - Whenever a license is granted pursuant to this article, the...

§47-20-26. County Option Election - The county commission of any county is authorized to call...

§47-20-27. Prohibited Acts by Convicted Individuals and Corporations - Any individual, organization, association or corporation convicted of any felony,...

§47-20-28. Restrictions on Use of Bingo Equipment - A licensee may use only bingo equipment which it owns...

§47-20-28a. Certain Operators of Bingo Games to Provide for Smoking and Nonsmoking Sections - Any bingo operator who distributes more than one hundred bingo...

§47-20-29. Effective Date - The effective date of this article is August 15, 1981.

§47-20-30. Severability - If, for any reason, any section, sentence, clause, phrase or...

§47-20-31. Additional Remedies for the Commissioner; Administrative Procedures; Deposit of Money Penalties - (a) Additional remedies. — Notwithstanding any provision of this article...

Article 21. Charitable Raffles

§47-21-1. Legislative Intent - The Legislature, in recognition of the need charitable and public...

§47-21-2. Definitions - For purposes of this article, unless specified otherwise: (a) "Charitable...

§47-21-3. Authorizing the Conduct of Certain Raffles Without a License - Notwithstanding any other provisions of this article to the contrary,...

§47-21-4. Who May Hold Raffles; Application for License; Licenses Not Transferable - (a) Except as provided in section three of this article,...

§47-21-5. Annual License; Conditions on Holding of Raffles - A charitable or public service organization or any of its...

§47-21-6. Limited Occasion License; Conditions on Holding of Raffles - Two or more organizations may hold a joint raffle occasion...

§47-21-7. License Fee and Exemption From Taxes - (a) A license fee shall be paid to the Tax...

§47-21-8. Information Required in Application - An application for a raffle license shall include the following...

§47-21-9. Amendment of License - If circumstances beyond the control of the licensee organization prohibit...

§47-21-10. Licensee Rules and Regulations - Each licensee may adopt rules and regulations, not inconsistent with...

§47-21-11. Limits on Prizes Awarded -- General Provisions - Prizes may be money, real or personal property or merchandise...

§47-21-12. Compensation - (a) A licensee may pay a salary, the minimum of...

§47-21-13. Compensation for Concession Operator; Concession Operated by Charitable or Public Service Organization - A licensee may allow any person to operate concessions in...

§47-21-15. Payment of Reasonable Expenses From Proceeds; Net Proceeds Disbursement - (a) The reasonable, necessary and actual expenses incurred in connection...

§47-21-16. Records; Commissioner Audit - Any licensee which holds a raffle occasion as provided by...

§47-21-17. Advertising - A licensee may advertise its raffle occasions in a manner...

§47-21-18. Fraud; Penalties - In addition to any other offense set forth in this...

§47-21-19. Obtaining License Fraudulently; Penalty - In addition to any other offense set forth in this...

§47-21-20. Violation of Provisions; Crime; Civil Penalties; Additional Grounds for Suspension or Revocation - (a) Any person who knowingly violates any provisions of this...

§47-21-21. Administration; Rules and Regulations - (a) The commissioner shall promulgate rules and regulations to administer...

§47-21-22. Filing of Reports - Each licensee holding an annual, limited or state fair license...

§47-21-23. Filing of Copy of License; Application Open to Public Inspection - Whenever a license is granted pursuant to this article, the...

§47-21-24. County Option Election - The county commission of any county is authorized to call...

§47-21-25. Prohibited Acts by Convicted Persons - Any person convicted of any felony, or a misdemeanor for...

§47-21-26. Restrictions on Use of Raffle Equipment - A licensee may use only raffle equipment which it owns,...

§47-21-27. Proceeds of State Fair - The Legislature declares that the net proceeds of any raffle...

§47-21-28. State Fair Raffle License; Rules and Regulations - The West Virginia state fair board may apply annually to...

§47-21-29. Severability - If, for any reason, any section, sentence, clause, phrase or...

§47-21-30. Additional Remedies for the Commissioner; Administrative Procedures; Deposit of Money Penalties - (a) Additional remedies. — Notwithstanding any provision of this article...

Article 22. Uniform Trade Secrets Act

§47-22-1. Definitions - As used in this article, unless the context requires otherwise:...

§47-22-2. Injunctive Relief - (a) Actual or threatened misappropriation may be enjoined. Upon application...

§47-22-3. Damages - (a) Except to the extent that a material and prejudicial...

§47-22-4. Attorney's Fees - If (a) a claim of misappropriation is made in bad...

§47-22-5. Preservation of Secrecy - In an action brought pursuant to this article, a court...

§47-22-6. Statute of Limitations - An action for misappropriation must be brought within three years...

§47-22-7. Effect on Other Law - (a) Except as provided in subsection (b), of this section,...

§47-22-8. Uniformity of Application and Construction - This article shall be applied and construed to effectuate its...

§47-22-9. Short Title - This article may be cited as the "Uniform Trade Secrets...

§47-22-10. Time of Taking Effect - This article takes effect on July 1, 1986, and does...

Article 23. Charitable Raffle Boards and Games

§47-23-1. Short Title - This article shall be known as and may be cited...

§47-23-2. Definitions - For purposes of this article, unless specified otherwise: (a) "Commissioner"...

§47-23-3. Fees - Wholesalers or distributors of charitable raffle boards and games to...

§47-23-4. No Fee on Charitable Raffle Boards and Games by Municipalities or Other Governmental Subdivisions - No municipality or governmental subdivision shall levy any excise or...

§47-23-7. Surety Bonds Required; Release of Surety; New Bond - The commissioner may require wholesalers and distributors to file continuous...

§47-23-7a. Requirement of Wholesalers and Distributors to Be Licensed to Do Business in State; Resident Agent Requirement - (a) Any wholesaler or distributor supplying charitable raffle boards or...

§47-23-8. How Fee Paid; Reports Required; Due Date; Records to Be Kept; Inspection of Records and Stocks; Examination of Witnesses, Summons, etc. - The retail value fee imposed by section three of this...

§47-23-9. Penalty for Failure to File Return When No Fee Due; Other Offenses; Penalties; Seizures of Illegal Boards and Games; Disposition - (a) Penalty for failure to file required return where no...

§47-23-10. Transportation of Charitable Raffle Boards and Games; Forfeitures and Sales of Charitable Raffle Boards, Charitable Raffle Games and Equipment; Criminal Sanctions - Every person who shall knowingly transport charitable raffle boards or...

§47-23-11. Administration; Rulemaking; Required Verification - (a) The commissioner shall propose for promulgation, rules to administer...

§47-23-12. Severability - If any provision of this article or the application thereof...

§47-23-13. General Procedure and Administration - Each and every provision of the "West Virginia Tax Procedure...

§47-23-14. Effective Date of Article - The provisions of this article enacted in the year 1993...

Article 24. The Reverse Mortgage Enabling Act

§47-24-1. Short Title - The article may be cited as the "Reverse Mortgage Enabling...

§47-24-2. Statement of Purpose - It is the intent of this legislation that elderly homeowners...

§47-24-3. Definition - "Reverse mortgage" means a nonrecourse loan secured by real property...

§47-24-4. General Rules for Reverse Mortgages - Reverse mortgage loans shall be governed by the following rules,...

§47-24-5. Inapplicability of Related Statutes and Law - Reverse mortgage loans may be made or acquired without regard...

§47-24-6. Treatment of Reverse Mortgage Loan Proceeds by Public Benefit Programs - Notwithstanding any law relating to payments, allowances, benefits or service...

§47-24-7. Consumer Information and Counseling - (a) No reverse mortgage commitment shall be made by a...

§47-24-8. Regulatory Authority and Exemptions - (a) All reverse mortgage loans subject to this article shall...

Article 25. Reduced Cigarette Ignition Propensity

§47-25-1. Short Title - This article shall be known and may be cited as...

§47-25-2. Definitions - (a) "Agent" means any person authorized by the State Tax...

§47-25-3. Test Method and Performance Standard - (a) Except as provided in subsection (g) of this section...

§47-25-4. Certification and Product Change - (a) Each manufacturer shall submit to the state Fire Marshal...

§47-25-5. Marking of Cigarette Packaging - (a) Cigarettes that are certified by a manufacturer in accordance...

§47-25-6. Penalties - (a) A manufacturer, wholesale dealer, agent or any other person...

§47-25-7. Implementation - (a) The State Fire Marshal or the State Tax Commissioner...

§47-25-8. Inspection - To enforce the provisions of this article, the State Tax...

§47-25-9. Reduced Cigarette Ignition Propensity Standard and Fire Prevention Act Fund - All moneys collected as civil penalties under section six of...

§47-25-10. Sales Outside of West Virginia - Nothing in this article shall be construed to prohibit any...

§47-25-11. Preemption - This article shall have no force and effect if a...

§47-25-12. Local Regulation - Notwithstanding any other provision of law, the local governmental units...

§47-25-13. Effective Date - Except as otherwise specifically provided in this section, the provisions...

Article 26. Pawnbrokers

§47-26-1. Definitions - (a) "Pawnbroker" means any person, partnership, association or corporation or...

§47-26-2. Purchase and Pawn Transaction Records - (a) All pawnbrokers shall make and maintain a transaction report...

§47-26-3. Penalties; Pawnbroker - A pawnbroker who violates the provisions of this article is...

§47-26-4. County and Municipal Regulation of Pawnbrokers - This article may not be construed to prohibit or otherwise...

Article 27. Court Reporter Services

§47-27-1. Fair Trade Standards for Use of Court Reporter Services - (a) The purpose of this article is to ensure the...

§47-27-2. Prohibited Conduct - (a) A legal proceeding may not be reported by: (1)...

§47-27-3. Disclosure and Limitations on Practices - (a) Prior to the commencement of a legal proceeding, and...

§47-27-4. Penalties for Violations; Civil Actions; and Damages - A court reporter or the entity that produces and bills...

Article 28. Prevention of Deceptive Lawsuit Advertising and Solicitation Practices Regarding the Use of Medications

§47-28-1. Short Title - This article may be known and cited as the Prevention...

§47-28-2. Definitions - As used in this article: (1) "Legal advertisement" means a...

§47-28-3. Deceptive Legal Advertising Practices - (a) Specifically prohibited legal advertising practices. A person engages in...

§47-28-4. Wrongful Use or Disclosure of Protected Health Information for Solicitation of Legal Services Regarding the Use of Medications - (a) Use or disclosure of protected health information for legal...

§47-28-5. Authority of Judiciary or State Bar to Regulate Practice of Law - This article does not limit or otherwise affect the authority...

<< Previous

Next >>

West Virginia Code Chapter 47. Regulation of Trade

West Virginia Code
Chapter 47. Regulation of Trade