FORM A WEST VIRGINIA LLC
A West Virginia LLC is a business type that combines the pass through taxation of a sole proprietorship with the liability protection of a corporation. Taking your business from a simple sole proprietorship or idea to a state recognized LLC is a big step, and we want to help make sure you get it done right the first time.
Below, learn the steps for forming an LLC in West Virginia, and see how we can help with formation, registered agent service, a business domain, website, email, and much more.
Start a West Virginia LLC with West Virginia LLC Pros
West Virginia Registered Agent forms new West Virginia LLCs every single day. We know the paperwork and requirements through and through, and we know the struggles of maintaining a successful West Virginia LLC. As a local West Virginia registered agent, we share our years of experience with you by being good at what we do and keeping our process simple:
- You place the order for our West Virginia LLC formation
- We prepare & file your West Virginia LLC Articles of Organization in 1 business day
- The state processes & confirms your West Virginia LLC
- We deliver your customized LLC documents to you
- We provide West Virginia registered agent service for 1 year
- Next year, we send you a renewal for registered agent service
And here’s how the fees break down:
| Item | Description | Turnaround | Cost |
| 1 Year Registered Agent Service | Full registered agent service including use of our name & address, secure online account, and our West Virginia Business Presence package | Available instantly from the time of purchase | $49/year |
|
Our LLC Filing Fee |
Our fee to prepare and submit articles on your behalf, draft your LLC operating agreement and upload both to your account |
Prepared and submitted to state within 1 business day from time of order |
$100 |
| WV Secretary of State Filing Fee | State filing fee for WV Articles of Organization (Form LLD-1) to start an LLC in West Virginia | Typically processed within 10 business days once received* | $100** |
*Expedited options available for next business day, 2 hour or 1 hour processing
**Optional expedited fees of $25, $250 or $500 if faster turnaround is needed
When you hire West Virginia Registered Agent, you get more than just registered agent service – you get a partner in business. Of course we’ll process and store your documents, but you can also expect good old fashioned customer service from folks who know what they’re doing.
We’ve helped thousands of business owners start their companies, and we know what it takes to successfully launch a business. Our service includes our West Virginia Business Presence package, which gives you everything you need to establish your entire online business presence. Pick a custom domain for your business, and get an email address at that domain, as well as a website on an open-source platform and SSL service for website security. You also get a direct line to a local phone number that you can use with an internet connection on your personal device or our iOS or Android apps.
We give you the option to list our West Virginia address in every single address field for your LLC Articles of Organization. As a Registered Agent, we’ve always had to have a brick and mortar location. That’s part of the job. But that doesn’t mean we don’t understand the struggle of our home-based service providers, artists and creators, online sellers and other clients who don’t want their family’s home listed freely on the internet. If you do have a separate business building, maybe you just don’t like the idea of a process server showing up in front of your customers. Using our address provides a layer of professionalism, privacy, and security. As an added perk, we also intercept and shred your company’s junk mail so it’s never crowding your mailbox.
How to Start a West Virginia LLC
Whether you prefer to start your West Virginia LLC on your own, or simply want to know what goes on behind the scenes when you hire us, we believe in transparency. Here are the basic steps you can expect in launching your new West Virginia LLC:
- Name your Business
- Appoint a Registered Agent
- File your Articles of Organization
- Obtain an EIN
- Draft your Operating Agreement
- Move forward with Your New Business
Name your West Virginia LLC
Selecting a name for your West Virginia LLC can be fun, but make sure you follow the rules so your name isn’t rejected. You can look over the state guidelines, but the basics are:
- The name must include an LLC appropriate indicator like, “LLC,” “L.L.C.” or “Limited,” and must not include include indicators for other business types like “corporation.”
- The business name shouldn’t be the same as or too close to an existing West Virginia business. Search your desired company name on the West Virginia database to ensure your business name isn’t already being used.
Can I reserve my business name? Absolutely! To lock down your preferred company name before you’re ready to launch your business, file an Application for Name Reservation for your West Virginia LLC. Name reservations with the West Virginia Secretary of State are valid for up to 120 days and have a $15 filing fee.
If the name I want shows up for a dissolved or revoked business, can I use it? Maybe. If it shows as a “Voluntary Dissolution” the name should be available for use. If it shows as “Revoked for Failure to file annual report,” that business has two years to catch back up and use the name.
Appoint a Registered Agent
A registered agent is a legally-appointed, publicly-displayed point of contact for a business. A registered agent should receive all service of process and must have a physical address with regular business hours. While West Virginia is one of the very few jurisdictions that doesn’t require a registered agent on the articles of organization, it is still an option. Listing a registered agent offers both privacy and professionalism for your West Virginia LLC.
Can I appoint myself as the registered agent? If you have a physical address in West Virginia and are over 18, you sure can. Keep in mind that your physical address listed will on the public record and you must be available during standard business hours.
Why pay if this is something I can do myself? Ain’t that the truth. Running a business is expensive. We get it. Some of the national companies charge hundreds of dollars a year, but we’ve worked out how to keep it under $50 a year. We’re small, we’re local, and we stick to what we’re good at – West Virginia. Your $50 goes a long way by keeping your address off public record, providing you with a secure online account where your documents are stored and accessible anytime, a lifetime of support from trusted, West Virginia business experts, and peace of mind knowing we keep your contact details private.
File your West Virginia Articles of Organization
This is the big step. Filing your Articles of Organization is how you start your West Virginia LLC with the West Virginia Secretary of State.
West Virginia’s LLC filing is a bit more involved than some other jurisdictions, so expect to list the following information so the filing isn’t rejected:
- Company name. Remember to include “LLC,” or some variation
- LLC type. Select LLC or PLLC. A PLLC is a professional LLC for professions like accountants, attorneys, and doctors that require special certifications.
- Principal office. Typically this is where a business keeps their records. Is not required to be a WV address.
- Mailing address. Optional. This address can be a PO box and/or can be located outside of West Virginia.
- Designated office. This address must be a physical address located in West Virginia.
- Registered agent name and address. This is where you appoint the person/entity who will receive service of process on behalf of your West Virginia LLC
- Business email. Email address for the state to send annual reporting reminders or other notifications. Not published publicly.
- Business website. Optional, but you can enter your business website.
- Number of WV businesses. Check “yes” if you have additional businesses in West Virginia or check “decline to answer” to skip.
- Organizer name and address. Information for person completing and submitting the forms
- Duration. Select “at-will” if you want your LLC to exist perpetually until you choose to dissolve it, or check “term” if it should automatically dissolve after the number of years you indicate. Usually terms are only used for clients running a specific, one-time project or event.
- Management. Indicate whether your LLC will be member-managed (owner-managed) or manager-managed. List the names and addresses of all members or managers. Again, if you’ve hired us, you can use our address here for privacy.
- Member liability. If one or more members will be liable for specific debts or obligations, you can select “yes” in this section.
- Purpose. Briefly describe your business‘s purpose like “bakery” or “business consulting.” If your LLC plans to act as a litigation financier, you’ll need to attach the Application for Registration as a Litigation Financier.
- Scrap metal dealers. If your LLC is a scrap metal dealer, you’ll need to attach the Scrap Metal Dealer Registration Form.
- Other provisions. If you want to add extra company information, you may.
- Pages attached. If you’re attaching additional pages, include the total number here.
- Effective date. Optional. You may postdate the start of your LLC for up to 90 days.
- Veteran-owned organizations. Your filing fee may be waived if you qualify under WV Code §59-1-2a, (12-13). You’ll need to attach a copy of your Veteran Affairs Form DD214.
- Contact person. Person the state can reach out to if there is an issue with the filing.
Can I file online? No. Not in a “click to submit” sense. You can online-ish file like we do. Just type the company details directly into the .pdf and then email it to [email protected] for standard filings or [email protected] for expedited filings.
Can I file by mail? Oddly, no. The options here in West Virginia are to fax, email, or walk-in to any of the three locations.
Will I get a copy of my filing back?
If you submit two identical physical copies of the filing, the state will mail you one back stamped “copy” at no additional cost. If you file by fax or email like us, certified copies must be ordered separately.
What happens if my filing is rejected? This is the exact reason the filing forms request details for a “contact person.” If you’ve hired us to start your new West Virginia LLC, we’ll list our contact person and handle any issues that arise. If you handle the filing yourself, the state will reach out to your directly to have any problems resolved. Either way, once the issue(s) is resolved, the filing can be resubmitted.
Obtain your EIN
To get a new EIN (federal tax ID) for your West Virginia LLC you’ll apply through the IRS. You can hire a professional like West Virginia Registered Agent to do it for you, or do it yourself online or by paper. The online filing is only open to US citizens with an SSN and is usually processed immediately. Without an SSN, you can still get an EIN, but it must be filed by paper which can take weeks or even months.
Draft your Operating Agreement
While not required by the state to start your West Virginia LLC, an operating agreement is a key document for your business. It should outline your LLC’s financial and functional responsibilities. You’ll likely need this signed and dated document to move forward with your business activities like starting a business bank account.
Where do I get an operating agreement? When you hire West Virginia Registered Agent to form your LLC, we’ll provide a complimentary template with your company basics included. All you have to do is add some specifics, print, sign and date it, and you’re all set. If you chose to file your own Articles of Organization, you can draft an operating agreement from scratch, utilize a basic template online, or hire an (expensive) attorney.
I Have My West Virginia LLC. Now What?
Regardless of how you made it to an official West Virginia LLC, congrats and thank you for contributing to the West Virginia economy! From here, your next steps depend on you, your business, your industry, and your goals. Common action items are to apply for any local, or industry-specific licenses you might need, and/or start a business bank account. With your new West Virginia LLC Articles of Organization, operating agreement, and Federal EIN in hand, you should have all the documents and groundwork you need to give your company the right start.