W. Va. Code R. § 179-4-136

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 179-4-136 - Ownership Records

The limited gaming facility licensee shall keep and provide to the Commission upon request, all of the following records:

136.1. If the limited gaming facility or any controlling person of the licensee, or an applicant for the limited gaming facility license, is a publicly traded corporation, a list of those executive officers of the publicly traded corporation whose ongoing and regular responsibilities relate or are expected to relate directly to the operation or oversight of the gaming facility.

136.2. If the limited gaming facility licensee is a corporation, but is not a publicly traded corporation, then all of the following records:

136.2.a. A certified copy of the articles of incorporation and any amendments;

136.2.b. A certified copy of the bylaws and any amendments;

136.2.c. A certificate of good standing from the state of its incorporation;

136.2.d. If the corporation is operating as a foreign corporation in West Virginia, a certificate of authority from the West Virginia Secretary of State's Office authorizing it to do business in West Virginia;

136.2.e. A list of all current and former officers and directors for a period of two years before West Virginia licensure;

136.2.f. A certified copy of minutes of all meetings of the stockholders and directors for a period of two years before West Virginia licensure;

136.2.g. A current list of all current stockholders, including the names of beneficial owners of shares held in street or other names;

136.2.h. The name of a company and a current list of all stockholders in the company, including the names of beneficial owners of shares held in street or other names, in which the corporation has a direct, indirect, or attributed interest;

136.2.i. A copy of the stock certificate ledger or its electronic equivalent;

136.2.j. A complete record of all transfers of stock to the extent available to the licensee or applicant;

136.2.k. A schedule of amounts paid to the corporation for the issuance of stock and other capital contributions and the dates the amounts were paid;

136.2.l. A schedule of all dividends distributed by the corporation; and

136.2.m. A schedule of all direct or indirect salaries, wages, and other remuneration, including prerequisites, paid during the calendar or fiscal year by the corporation to all officers, directors, and stockholders that have an ownership interest, at any time during the calendar or fiscal year, that is five percent or more of the outstanding capital stock of any class of stock;

136.3. If the limited gaming facility licensee is a limited liability company, then all of the following records:

136.3.a. A certified copy of the articles of organization;

136.3.b. A certified copy of the operating agreement;

136.3.c. A list of all current and former managers, including names and addresses;

136.3.d. A list of the members, including all of the following information:

136.3.d.1. Names;

136.3.d.2. Addresses;

136.3.d.3. The percentage of interest in net assets, profits, and distributions of cash held or attributable to each;

136.3.d.4. The amount and date of each capital contribution of each member;

136.3.d.5. The date the interest was acquired; and

136.3.d.6. The method of determining a member's interest;

136.3.e. A schedule of all withdrawals of company funds or assets by members;

136.3.f. A schedule of direct or indirect salaries, wages, and other remuneration, including prerequisites, paid to each member during the calendar or fiscal year;

136.3.g. A copy of the membership ledger or its electronic equivalent;

136.3.h. A complete record of all transfers of membership interests; and

136.3.i. A schedule of amounts paid to the company for the issuance of membership interests and other capital contributions and the dates the amounts were paid;

136.4. If the limited gaming facility licensee is a partnership, then all of the following records:

136.4.a. A certified copy of the partnership agreement;

136.4.b. A certificate of limited partnership of its domicile;

136.4.c. A list of the partners, including all of the following information:

136.4.c.1. Names;

136.4.c.2. Addresses;

136.4.c.3. The percentage of interest in net assets, profits, and losses held by each partner;

136.4.c.4. The amount and date of each capital contribution of each partner; and

136.4.c.5. The date the interest was acquired.

136.4.c.6. The description of the form of the person's partnership interest, for example, limited partner.

136.4.d. A schedule of all withdrawals of partnership funds or assets.; and

136.4.e. A schedule of direct or indirect salaries, wages, and other remuneration, including prerequisites, paid to each partner during the calendar or fiscal year; and

136.5. If the limited gaming facility licensee is a sole proprietorship, then all of the following records:

136.5.a. A schedule showing the name and address of the proprietor and the amount and date of his or her original investment;

136.5.b. A schedule of the dates and amounts of subsequent additions to the original investment and any withdrawals; and

136.5.c. A schedule of direct or indirect salaries, wages, and other remuneration, including prerequisites, paid to the proprietor during the calendar or fiscal year.

W. Va. Code R. § 179-4-136