West Virginia Code 46A-6N-2 – Litigation financier; registration; bond; public record; rules
(a)(1) No litigation financier shall engage in a litigation financing transaction in this state unless it is registered as a litigation financier in this state.
Terms Used In West Virginia Code 46A-6N-2
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Service of process: The service of writs or summonses to the appropriate party.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(2) A litigation financier that is a business entity or partnership is registered in this state if:
(A) It is in compliance with the bond requirements of §46A-6N-2(b) of this code;
(B) It has a status of active and is in good standing as reflected in the records of the Secretary of State; and
(C) Its charter, articles of organization, certificate of limited partnership, or other organizational document, or, if a foreign entity, its West Virginia application for a certificate of authority, contains a statement that it shall be designated as a litigation financier pursuant to this article.
(3) A litigation financier that is not a business entity or partnership is registered in this state if:
(A) It is in compliance with the bond requirements of §46A-6N-2(b) of this code; and
(B) It files an application for registration as a litigation financier on a form prescribed by the Secretary of State that contains the following:
(i) Applicant’s full legal name;
(ii) Business name of applicant, if any;
(iii) Physical street address and mailing address of the applicant;
(iv) A telephone number through which the applicant can be reached;
(v) The name, physical street address, mailing address, and telephone number for a West Virginia registered agent appointed to accept service of process on behalf of the applicant;
(vi) A statement that the applicant shall be designated as a litigation financier pursuant to this article; and
(vii) Any other information the Secretary of State deems necessary.
(b)(1) Each litigation financier shall file with the Secretary of State and have approved by the Office of the West Virginia Attorney General a surety bond or irrevocable letter of credit issued and confirmed by a financial institution authorized by law to transact business in the state of West Virginia in an amount not less than $50,000.
(2) Such bond shall be payable to this state for the use of the Attorney General and any person who may have a cause of action against the obligor of the bond for any violation of this article. The bond shall continue in effect so long as a litigation financier is designated as a litigation financier in the records of the Secretary of State.
(c) A litigation financier shall amend its registration with the Secretary of State within 30 days whenever the information contained in such record changes or becomes inaccurate or incomplete in any respect.
(d) The Secretary of State, as appropriate, may promulgate rules in implementing this article, including, but not limited to, the adoption of fees to cover any administrative costs relating to administering this article.