West Virginia Code 31E-10-1021 – Bylaw increasing quorum or voting requirement for directors
(a) A bylaw that increases a quorum or voting requirement for the board of directors may be amended or repealed:
Terms Used In West Virginia Code 31E-10-1021
- board of directors: means the group of persons vested with management of the affairs of the corporation irrespective of the name by which the group is designated. See West Virginia Code 31E-1-150
- Quorum: The number of legislators that must be present to do business.
(1) If adopted by the members, only by the members, unless the bylaw otherwise provides; or
(2) If adopted by the board of directors, either by the members or by the board of directors.
(b) A bylaw adopted or amended by the members that increases a quorum or voting requirement for the board of directors may provide that it can be amended or repealed only by a specified vote of either the members or the board of directors.
(c) Action by the board of directors under subsection (a) of this section to amend or repeal a bylaw that changes the quorum or voting requirement for the board of directors must meet the same quorum requirement and be adopted by the same vote required to take action under the quorum and voting requirement then in effect or proposed to be adopted, whichever is greater.