(a) If proposed corporate action requiring appraisal rights under section one thousand three hundred two of this article is submitted to a vote at a shareholders' meeting, a shareholder who wishes to assert appraisal rights with respect to any class or series of shares:(1) Must deliver to the corporation before the vote is taken written notice of the shareholder's intent to demand payment if the proposed action is effectuated; and(2) Must not vote, or cause or permit to be voted, any shares of the class or series in favor of the proposed action.(b) A shareholder who does not satisfy the requirements of subsection (a) of this section is not entitled to payment under this article.
West Virginia Legal Code