Email WV Code

Email: Chapter 36, Article 13, Section 8

§36-13-8. Capacity to assert and defend; standing.

(a) A decentralized unincorporated nonprofit association, in its name, may institute, defend, intervene or participate in a judicial, administrative or other governmental proceeding or in an arbitration, mediation or any other form of alternative dispute resolution.

(b) A decentralized unincorporated nonprofit association may assert a claim on behalf of its members if:

(1) One or more members of the nonprofit association have standing to assert a claim in their own right;

(2) The interests the nonprofit association seeks to protect are germane to its purposes; and

(3) Neither the claim asserted, nor the relief requested requires the participation of a member.