Tuesday, November 5, 2024
Tuesday, November 5, 2024

Judiciary Sends Cooperate Veil Bill to the Senate Floor

The Senate Judiciary Committee met Monday afternoon to discuss two bills on the agenda.

Senate Bill 258 relates to piercing the cooperate veil for Limited Liability Companies (LLC). The bill would not allow “veil piercing” claims to be used to impose personal liability on a member or manager of a limited liability company. The bill nullifies the West Virginia Supreme Court of Appeals decision in Joseph Kubican v. The Tavern, LLC.

There was a discussion on real world applications of the bill if it would pass. The Committee wanted to ensure every member knew the implications, and how the bill would impact court cases in the future. Some senators expressed concern on not holding members of LLCs accountable.

The bill passed on a 12-3 roll call vote, and was reported to the Senate to be voted upon.

Senate Bill 264 relates to requiring courts to order restitution to crime victims. The bill would include the Crime Victim’s Fund as an entity which may obtain reimbursement from defendants for money given a victim.

The bill was approved unanimously, and was referred to the Committee on Finance.

RA

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