There is a newer version of the West Virginia Code
2005 West Virginia Code - §31B-11-1101. — Right of action.
§31B-11-1101. Right of action.A member of a limited liability company may maintain an action in the right of the company if the members or managers having authority to do so have refused to commence the action or an effort to cause those members or managers to commence the action is not likely to succeed.
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