There is a newer version of the West Virginia Code
2009 West Virginia Code
CHAPTER 47. REGULATION OF TRADE
ARTICLE 1. WEIGHTS AND MEASURES.
- §47-1-1 Definitions.
- §47-1-2 State standards.
- §47-1-3 Commissioner of labor to be commissioner of weights and measures; powers and duties; appointment of deputies and inspectors.
- §47-1-4 Systems of weights and measures; technical requirements for weighing and measuring devices.
- §47-1-5 Requirements for packaging and labeling.
- §47-1-6 Requirements for the method of sale of commodities.
- §47-1-7 Requirements for unit pricing.
- §47-1-8 Requirements for the registration of service persons and service agencies for commercial weighing and measuring devices.
- §47-1-9 Requirements for open dating.
- §47-1-10 Requirements for type evaluation.
- §47-1-11 Requirements for motor fuel.
- §47-1-12 Misrepresentation of quantity.
- §47-1-13 Misrepresentation of pricing.
- §47-1-14 Method of sale.
- §47-1-15 Sale from bulk.
- §47-1-16 Information required on packages.
- §47-1-17 Declarations of unit price on random weight packages.
- §47-1-18 Advertising packages for sale.
- §47-1-19 State weights and measures division.
- §47-1-20 State measurement laboratory.
- §47-1-21 Registration of business.
- §47-1-22 Civil penalties.
- §47-1-23 Criminal penalties.
ARTICLE 1A. REGULATION AND CONTROL OF BEDDING AND UPHOLSTERY BUSINESSES.
- §47-1A-1 Purpose of article.
- §47-1A-2 Definitions.
- §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.
- §47-1A-4 Bedding and filling material exposed to disease to be sterilized and tagged before sale.
- §47-1A-5 Filling material from any animal or fowl or unsanitary material to be sterilized.
- §47-1A-6 Secondhand filling material to be sterilized.
- §47-1A-7 Registration by sellers of bedding or filling material required.
- §47-1A-8 Altering, defacing or removing tag or stamp.
- §47-1A-9 Counterfeiting stamps or permits.
- §47-1A-10 Sterilization processes; permits; fees.
- §47-1A-11 Statements required on tags to be affixed to bedding.
- §47-1A-12 Tags to be approved by commissioner; material, color, form and size of tags.
- §47-1A-13 Commissioner's authority to prohibit sales; tagging bedding or material exposed to disease "unclean."
- §47-1A-14 Annual registration fees.
- §47-1A-15 Organization of bedding division; rules and regulations; enforcement of article.
- §47-1A-16 Repealed
- §47-1A-17 Power of inspection and seizure; obstruction of commissioner or employees prohibited.
- §47-1A-18 Penalties for violations.
ARTICLE 2. TRADEMARKS IN GENERAL.
- §47-2-1 Definitions.
- §47-2-2 Registrability.
- §47-2-3 Application for registration.
- §47-2-4 Filing of applications.
- §47-2-5 Certificate of registration.
- §47-2-6 Duration and renewal.
- §47-2-7 Assignments, changes of name and other instruments.
- §47-2-8 Records.
- §47-2-9 Cancellation.
- §47-2-10 Classification.
- §47-2-11 Fraudulent registration.
- §47-2-12 Infringement.
- §47-2-13 Injury to business reputation; dilution.
- §47-2-14 Remedies.
- §47-2-15 Forum for actions regarding registration; service on out-of-state registrants.
- §47-2-16 Common law rights.
- §47-2-17 Fees.
- §47-2-18 Severability.
- §47-2-19 Time of taking effect -- repeal of prior articles; intent of article.
ARTICLE 2A. COPYRIGHT PROTECTION.
- §47-2A-1 Legislative findings.
- §47-2A-2 Definitions.
- §47-2A-3 Publication of royalty rates; notice requirement; sanctions for failure to publish.
- §47-2A-4 Applicability.
ARTICLE 3. TRADEMARKS OF DEALERS IN LIQUIDS.
ARTICLE 4. BRANDS OF TIMBER DEALERS.
ARTICLE 5. SAFETY GLAZING MATERIALS.
- §47-5-1 Definitions.
- §47-5-2 Labeling required.
- §47-5-3 Safety glazing materials required in hazardous locations.
- §47-5-4 Nonliability of employees.
- §47-5-5 Violations; penalties.
- §47-5-6 Effective date; prior contracts.
ARTICLE 6. MONEY AND INTEREST.
- §47-6-1 Money of account.
- §47-6-2 Writing, account or entry valid although sum expressed in other money.
- §47-6-3 In suits for foreign or other money, value in money of account to be fixed.
- §47-6-4 Silver coin as legal tender.
- §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.
- §47-6-5a Interest charges on loans repayable in installments.
- §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 forbearances of money; prohibiting penalty upon prepayment and escalation of interest clause; quarterly reports required.
- §47-6-5c Interest on the forebearance of money.
- §47-6-6 Usury and usurious contracts; penalties and forfeitures.
- §47-6-7 Pleading usury; reply; evidence; issues; trial; judgment.
- §47-6-8 Remedy in equity; injunction against sale of security.
- §47-6-9 Action or suit to recover back usurious interest.
- §47-6-10 Corporations, partnerships, and limited partnerships not entitled to defense of usury.
- §47-6-11 Certain business debts exempt from usury laws.
ARTICLE 7. LICENSED LOANS OF SMALL AMOUNTS.
- §47-8-1 Repealed
- §47-8-2 Business not to be conducted under assumed name without filing certificate of true name.
- §47-8-3 Indexing of certificates filed with clerk 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 name.
- §47-8-5 Penalty for violations.
ARTICLE 8A. UNIFORM PARTNERSHIP ACT.
ARTICLE 9. UNIFORM LIMITED PARTNERSHIP ACT.
- §47-9-1 Definitions.
- §47-9-2 Name of limited partnership.
- §47-9-3 Reservation of 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 for purposes of this section.
- §47-9-5 Office and records.
- §47-9-6 Nature of business.
- §47-9-7 Business transactions of partner with partnership.
- §47-9-8 Certificate and formation of limited partnership.
- §47-9-9 Amendment to certificate.
- §47-9-10 Cancellation of certificate.
- §47-9-11 Execution of certificates.
- §47-9-12 Judicial amendment or cancellation of certificate.
- §47-9-14 Liability for false statement in certificate.
- §47-9-15 Notice.
- §47-9-16 Delivery of certificates to limited partners.
- §47-9-17 Admission of limited partners.
- §47-9-18 Voting by limited partners.
- §47-9-19 Liability to third parties.
- §47-9-20 Person erroneously believing himself limited partner.
- §47-9-21 Right of limited partner to information.
- §47-9-22 Admission of additional general partners.
- §47-9-23 Events of withdrawal of general partner.
- §47-9-24 General powers and liabilities of general partner.
- §47-9-25 Contributions by general partner.
- §47-9-26 Voting by general partners.
- §47-9-27 Form of contribution.
- §47-9-28 Liability for contribution.
- §47-9-29 Sharing of profits and losses.
- §47-9-30 Sharing of distributions.
- §47-9-31 Interim distributions.
- §47-9-32 Withdrawal of general partner.
- §47-9-33 Withdrawal of limited partner.
- §47-9-34 Distribution upon withdrawal.
- §47-9-35 Distribution in kind.
- §47-9-36 Right to distribution.
- §47-9-37 Limitations on distribution.
- §47-9-38 Liability upon return of contribution.
- §47-9-39 Nature of partnership interest.
- §47-9-40 Assignment of partnership interest.
- §47-9-41 Rights of creditor.
- §47-9-42 Right of assignee to become limited partner.
- §47-9-43 Power of estate of deceased or incompetent partner.
- §47-9-44 Nonjudicial dissolution.
- §47-9-45 Judicial dissolution.
- §47-9-46 Winding up of affairs.
- §47-9-47 Distribution of assets.
- §47-9-48 Law governing foreign limited partnerships.
- §47-9-49 Registration of foreign limited partnership.
- §47-9-50 Issuance of registration.
- §47-9-51 Registration of name of foreign limited partnership.
- §47-9-52 Foreign limited partnership -- Changes and amendments to registration.
- §47-9-53 Foreign limited partnership -- Cancellation of registration.
- §47-9-54 Foreign limited partnership -- Transaction of business without registration.
- §47-9-55 Action by attorney general to restrain a foreign limited partnership.
- §47-9-56 Right of action by limited partner.
- §47-9-57 Proper plaintiff in derivative action.
- §47-9-58 Pleading in derivative action.
- §47-9-59 Expenses in derivative action.
- §47-9-60 Construction and application of article.
- §47-9-61 Short title of article.
- §47-9-62 Effective date of article.
- §47-9-63 Rules for cases not provided for in article.
ARTICLE 9A. VOLUNTARY ASSOCIATIONS AND BUSINESS TRUSTS.
- §47-9A-1 Right to acquire and dispose of property; execution of deeds and other writings.
- §47-9A-2 Application for registration of business trust; issuance of certificate of business trust.
- §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 members; dissolution; filing.
- §47-9A-5 Providing for use of trade names; acknowledgment of deeds and other writings.
- §47-9A-6 Validation of deeds and other writings heretofore executed.
- §47-9A-7 Repeal of conflicting acts; severability.
ARTICLE 10. LIQUID FUELS AND LUBRICATING OILS.
- §47-10-1 Fraudulent sale of liquid fuels, lubricating oils, etc., prohibited.
- §47-10-2 Unlawful to sell from distributing equipment any liquid fuels, etc., other than those named thereon.
- §47-10-3 Unlawful to imitate designs or trade names of recognized brands of liquid fuels, etc.
- §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.
- §47-10-5 Unlawful to deliver into distributing device any other liquid fuels, etc., than those indicated by trade name thereon.
- §47-10-6 Trade name of lubricating oil to be shown; sign showing no trade name.
- §47-10-6a Posting of the alcoholic content of gasoline.
- §47-10-7 Offenses; penalties; revocation of distributor's license.
ARTICLE 11A. UNFAIR TRADE PRACTICES.
- §47-11A-1 Legislative findings; designation of article.
- §47-11A-2 When selling below cost or giving away of merchandise prohibited; penalty.
- §47-11A-3 When rebates and special privileges prohibited; penalty.
- §47-11A-4 Personal responsibility of directors, officers or agents.
- §47-11A-5 "Retailer" and "wholesaler" defined; sales and transfers subject to article.
- §47-11A-6 How cost determined.
- §47-11A-7 When invoice cost of goods purchased at forced, etc., sale may be used.
- §47-11A-8 Sales exempt.
- §47-11A-9 Injunctions and damage suits.
- §47-11A-10 Certifications to and duty of attorney general as to companies convicted or enjoined; suits to forfeit charters and privileges and enjoin business permanently; jurisdiction.
- §47-11A-11 Penalties for violations.
- §47-11A-12 Contracts violating article illegal and unenforceable.
- §47-11A-12a Unsolicited goods.
- §47-11A-13 Prima facie evidence of violation.
- §47-11A-14 Purpose and construction of article.
ARTICLE 11B. CLOSING-OUT SALES, FIRE SALES AND DEFUNCT BUSINESS SALES.
- §47-11B-1 Legislative findings.
- §47-11B-2 Definitions.
- §47-11B-3 License required; exceptions.
- §47-11B-4 License application requirements.
- §47-11B-5 Investigation of application; grounds for denial.
- §47-11B-6 Duration of sale; license fee.
- §47-11B-7 Revocation of license; grounds.
- §47-11B-8 Notice of denial, refusal or revocation of license; judicial review thereof.
- §47-11B-9 Bond required.
- §47-11B-10 Branch stores and warehouses.
- §47-11B-11 Substitution, addition and commingling of goods voids license; change of time or place of sale; certain purchases prohibited.
- §47-11B-12 Copy of application, inventory and license to be posted; license to be referred to in advertisements.
- §47-11B-13 Opening of a similar business within one year of sale prohibited.
- §47-11B-14 Records.
- §47-11B-15 Penalties for violations.
- §47-11B-16 Severability.
- §47-11B-17 Effective date.
ARTICLE 11C. WEST VIRGINIA PETROLEUM PRODUCTS FRANCHISE ACT.
- §47-11C-1 Short title.
- §47-11C-2 Definitions.
- §47-11C-3 Franchise agreement.
- §47-11C-4 Disclosures to prospective dealers.
- §47-11C-5 Termination of or refusal to renew franchise; notice; grounds.
- §47-11C-5a Motor fuel franchise agreements.
- §47-11C-6 Damages; remedies.
- §47-11C-7 Application.
- §47-11C-8 Effective date.
ARTICLE 11D. THE MOTION PICTURE FAIR COMPETITION ACT.
- §47-11D-1 Purpose.
- §47-11D-2 Definitions.
- §47-11D-3 Blind bidding prohibited; invitation to bid; provisions of article waived as to certain exhibitors.
- §47-11D-4 Bidding procedures.
ARTICLE 11E. TRANSIENT MERCHANT LICENSING ACT.
ARTICLE 11F. FARM EQUIPMENT DEALER CONTRACT ACT.
- §47-11F-1 Short title.
- §47-11F-2 Definitions.
- §47-11F-3 Notice of termination of agreement or contract.
- §47-11F-4 Supplier requirement to repurchase dealer inventory; terms of repurchase.
- §47-11F-5 Exceptions to repurchase requirement.
- §47-11F-6 Applicability of uniform commercial practices.
- §47-11F-7 Warranty claims.
- §47-11F-8 Civil remedies applicable.
ARTICLE 12. REAL ESTATE COMMISSION, BROKERS AND SALESPERSONS.
ARTICLE 13. CIGARETTE SALES ACT.
ARTICLE 14. PRENEED FUNERAL CONTRACTS.
- §47-14-1 Declaration of policy; legislative intent.
- §47-14-2 Definitions.
- §47-14-3 Certificate of authority required; fees to go to division; special account established; duties of certificate holder.
- §47-14-4 Agents and employees; licenses required; fee to go to division.
- §47-14-5 Disposition of proceeds; trusts; procedure for administration; division to promulgate rules.
- §47-14-6 Withdrawal of funds.
- §47-14-7 Income on trust accounts.
- §47-14-8 Limitations on enforcement of contract; appointment and removal of trustees; standards for administration of trusts; contracts may be irrevocable; "Preneed Guarantee Fund" established; assignment of contract allowed; credit life insurance allowed; successor in interest defined.
- §47-14-9 Forms and rules.
- §47-14-10 Solicitation.
- §47-14-11 Disciplinary proceedings; revocation of license or certificate; liquidation upon violation.
- §47-14-12 Civil action; attorney's fees.
- §47-14-13 Penalty.
- §47-14-14 Severability.
ARTICLE 15. PYRAMID PROMOTIONAL SCHEME.
- §47-15-1 Definitions.
- §47-15-2 Unlawful act.
- §47-15-3 Contracts void and unenforceable.
- §47-15-4 Restraining prohibited acts.
- §47-15-5 Criminal penalties.
- §47-15-6 Severability.
ARTICLE 16. COLLECTION AGENCIES.
- §47-16-1 Citation of article.
- §47-16-2 Definitions.
- §47-16-3 Scope.
- §47-16-4 Requirements for conduct of agency.
- §47-16-5 Penalty; civil liability.
ARTICLE 17. REGULATION OF MOTOR FUEL CONTRACTS.
ARTICLE 18. ANTITRUST ACT; RESTRAINT OF TRADE.
- §47-18-1 Short title.
- §47-18-2 Definitions.
- §47-18-3 Contracts and combinations in restraint of trade.
- §47-18-4 Establishment, maintenance or use of monopoly.
- §47-18-4a Repealed
- §47-18-5 Exemptions.
- §47-18-6 General powers and duties of attorney general.
- §47-18-7 Investigations; powers and duties of attorney general.
- §47-18-8 Injunctions and other relief; violations; jurisdiction.
- §47-18-9 Damages; treble damage suits.
- §47-18-10 Final judgment in civil proceeding as prima facie evidence.
- §47-18-11 Limitation of actions.
- §47-18-12 Suspension of limitation period.
- §47-18-13 Cumulative remedies.
- §47-18-14 Cooperation with federal government and other states.
- §47-18-15 Venue.
- §47-18-16 Judicial construction.
- §47-18-17 Attorney general to bring actions on behalf of state residents; procedures used in such actions; damages.
- §47-18-18 Disposition of funds.
- §47-18-19 Antitrust enforcement fund.
- §47-18-20 Rules and regulations.
- §47-18-21 Cooperation by public agencies, officials and employees.
- §47-18-22 Assurances of voluntary compliance.
- §47-18-23 Severability.
ARTICLE 19. DRUG PARAPHERNALIA.
- §47-19-1 Items designed or marketed for use with controlled substances; license required.
- §47-19-2 Application.
- §47-19-3 Drug paraphernalia defined.
- §47-19-4 Records.
- §47-19-5 Regulations.
- §47-19-6 Sale to minors prohibited; penalty.
- §47-19-7 Penalty.
- §47-19-8 Sale of drug paraphernalia at certain events or outdoors prohibited.
- §47-20-1 Legislative intent.
- §47-20-2 Definitions.
- §47-20-3 Who may hold bingo games; application for license; licenses not transferable.
- §47-20-4 Annual license; conditions on holding of games.
- §47-20-5 Limited occasion license; conditions on holding of games.
- §47-20-5a Venue.
- §47-20-6 License fee and exemption from taxes.
- §47-20-6a Super bingo license.
- §47-20-7 Information required in application.
- §47-20-8 Amendment of license.
- §47-20-9 Licensee rules and regulations.
- §47-20-10 Limits on prizes awarded -- General provisions.
- §47-20-11 Operator of bingo games and related concessions.
- §47-20-12 Compensation.
- §47-20-12a Compensation of bingo operator; number of employees.
- §47-20-14 Repealed
- §47-20-15 Payment of reasonable expenses from proceeds; net proceeds disbursement.
- §47-20-16 Records; commissioner audit.
- §47-20-17 Advertising.
- §47-20-18 Fraud; penalties.
- §47-20-19 Obtaining license fraudulently; penalty.
- §47-20-20 Violation of provisions; penalties.
- §47-20-21 Proceeds of state fair.
- §47-20-22 State fair bingo license; rules and regulations.
- §47-20-23 Administration; rules and regulations.
- §47-20-24 Filing of reports.
- §47-20-25 Filing of copy of license; application open to public inspection.
- §47-20-26 County option election.
- §47-20-27 Prohibited acts by convicted individuals and corporations.
- §47-20-28 Restrictions on use of bingo equipment.
- §47-20-28a Certain operators of bingo games to provide for smoking and nonsmoking sections.
- §47-20-29 Effective date.
- §47-20-30 Severability.
- §47-20-31 Additional remedies for the commissioner; administrative procedures; deposit of money penalties.
ARTICLE 21. CHARITABLE RAFFLES.
- §47-21-1 Legislative intent.
- §47-21-2 Definitions.
- §47-21-3 Authorizing the conduct of certain raffles without a license.
- §47-21-4 Who may hold raffles; application for license; licenses not transferable.
- §47-21-5 Annual license; conditions on holding of raffles.
- §47-21-6 Limited occasion license; conditions on holding of raffles.
- §47-21-7 License fee and exemption from taxes.
- §47-21-8 Information required in application.
- §47-21-9 Amendment of license.
- §47-21-10 Licensee rules and regulations.
- §47-21-11 Limits on prizes awarded -- General provisions.
- §47-21-12 Compensation.
- §47-21-13 Compensation for concession operator; concession operated by charitable or public service organization.
- §47-21-14 Repealed
- §47-21-15 Payment of reasonable expenses from proceeds; netproceeds disbursement.
- §47-21-16 Records; commissioner audit.
- §47-21-17 Advertising.
- §47-21-18 Fraud; penalties.
- §47-21-19 Obtaining license fraudulently; penalty.
- §47-21-20 Violation of provisions; penalties.
- §47-21-21 Administration; rules and regulations.
- §47-21-22 Filing of reports.
- §47-21-23 Filing of copy of license; application open to public inspection.
- §47-21-24 County option election.
- §47-21-25 Prohibited acts by convicted persons.
- §47-21-26 Restrictions on use of raffle equipment.
- §47-21-27 Proceeds of state fair.
- §47-21-28 State fair raffle license; rules and regulations.
- §47-21-29 Severability.
- §47-21-30 Additional remedies for the commissioner; administrative procedures; deposit of money penalties.
ARTICLE 22. UNIFORM TRADE SECRETS ACT.
- §47-22-1 Definitions.
- §47-22-2 Injunctive relief.
- §47-22-3 Damages.
- §47-22-4 Attorney's fees.
- §47-22-5 Preservation of secrecy.
- §47-22-6 Statute of limitations.
- §47-22-7 Effect on other law.
- §47-22-8 Uniformity of application and construction.
- §47-22-9 Short title.
- §47-22-10 Time of taking effect.
ARTICLE 23. CHARITABLE RAFFLE BOARDS AND GAMES.
- §47-23-1 Short title.
- §47-23-2 Definitions.
- §47-23-3 Fees.
- §47-23-4 No fee on charitable raffle boards and games by municipalities or other governmental subdivisions.
- §47-23-5 Repealed
- §47-23-6 Repealed
- §47-23-7 Surety bonds required; release of surety; new bond.
- §47-23-7a Requirement of wholesalers and distributors to be licensed to do business in state; resident agent requirement.
- §47-23-8 How fee paid; reports required; due date; records to be kept; inspection of records and stocks; examination of witnesses, summons, etc.
- §47-23-9 Penalty for failure to file return when no fee due; other offenses; penalties; seizures of illegal boards and games; disposition.
- §47-23-10 Transportation of charitable raffle boards and games; forfeitures and sales of charitable raffle boards, charitable raffle games and equipment; criminal sanctions.
- §47-23-11 Administration; rulemaking; required verification.
- §47-23-12 Severability.
- §47-23-13 General procedure and administration.
- §47-23-14 Effective date of article.
ARTICLE 24. THE REVERSE MORTGAGE ENABLING ACT.
- §47-24-1 Short title.
- §47-24-2 Statement of purpose.
- §47-24-3 Definition.
- §47-24-4 General rules for reverse mortgages.
- §47-24-5 Inapplicability of related statutes and law.
- §47-24-6 Treatment of reverse mortgage loan proceeds by public benefit programs.
- §47-24-7 Consumer information and counseling.
- §47-24-8 Regulatory authority and exemptions.
ARTICLE 25. REDUCED CIGARETTE IGNITION PROPENSITY.
- §47-25-1 Short title.
- §47-25-2 Definitions.
- §47-25-3 Test method and performance standard.
- §47-25-4 Certification and product change.
- §47-25-5 Marking of cigarette packaging.
- §47-25-6 Penalties.
- §47-25-7 Implementation.
- §47-25-8 Inspection.
- §47-25-9 Reduced Cigarette Ignition Propensity Standard and Fire Prevention Act Fund.
- §47-25-10 Sales outside of West Virginia.
- §47-25-11 Preemption.
- §47-25-12 Local regulation.
- §47-25-13 Effective date.
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