WVC 31 D- 13 -1303
§31D-13-1303. Assertion of rights by nominees and beneficial
(a) A record shareholder may assert appraisal rights as to
fewer than all the shares registered in the record shareholder's
name but owned by a beneficial shareholder only if the record
shareholder objects with respect to all shares of the class or
series owned by the beneficial shareholder and notifies the
corporation in writing of the name and address of each beneficial
shareholder on whose behalf appraisal rights are being asserted.
The rights of a record shareholder who asserts appraisal rights for
only part of the shares held of record in the record shareholder's
name under this subsection are to be determined as if the shares as
to which the record shareholder objects and the record
shareholder's other shares were registered in the names of
different record shareholders.
(b) A beneficial shareholder may assert appraisal rights as to
shares of any class or series held on behalf of the shareholder
only if the shareholder:
(1) Submits to the corporation the record shareholder's
written consent to the assertion of the rights no later than the
date referred to in paragraph (D), subdivision (2), subsection (b),
section one thousand three hundred twenty-two of this article; and
(2) Does so with respect to all shares of the class or series
that are beneficially owned by the beneficial shareholder.