HOW TO FORM AN LLC IN WEST VIRGINIA
West Virginia LLC Formation
When you’re ready to get started on your business adventure, forming an LLC is a good first step. An LLC (which stands for “Limited Liability Company”) is a legal business entity that separates the assets of the individual from the debts and obligations of the company. LLCs are the newest form of legal business entity, combining the protection of a corporation with the flexibility of a partnership.
Here’s What Our West Virginia LLC Formation Includes:
- Articles of Organization Filed by Our Expert Team
- Annual Compliance Reminders
- Safe & Secure Client Account
- Fast & Efficient Service
- Transparent Prices
|West Virginia LLC State Filing Fee||$100|
|Our Formation Service Fee||$100|
|One Year of Registered Agent Service||$49|
Should I form an LLC in West Virginia?
When you hire West Virginia Registered Agent LLC as your registered agent, we provide the West Virginia Secretary of State with our information instead of your personal data. This keeps your name off the records and safe from solicitors.
LLCs are not required to hold shareholder meetings or elect a board of directors, freeing up time that can be used to grow your business on your terms.
LLCs are much more flexible in their management structure and purpose than their cousin, the corporation. Depending on the processes specified in the Operating Agreement, the rules and regulations of an LLC can be flexible according to your future business needs.
Here’s How Our Process Works:
- You sign up with us and provide us with all the required information. We keep everything you give us private and only provide necessary information to the state for filing.
- We file the completed Articles of Organization with the West Virginia Secretary of State and give you access to your own safe and secure client portal, where you can access all of your official documents.
- We send you the finalized Articles of Organization, provide grade-A customer service if you need it, and send annual reminder when the time comes so you never miss a deadline.
What is a registered agent?
A registered agent is a third party individual or entity that is elected by the initial members of the LLC to receive any legal correspondence on behalf of the company. A West Virginia registered agent must have a physical street address in West Virginia to be valid. PO box addresses are not acceptable.
Do I need a registered agent to form an LLC in West Virginia?
Yes—you must list the name and address of a registered agent to form your LLC in West Virginia.
Why should I choose West Virginia Registered Agent LLC?
Here at West Virginia Registered Agent LLC, we knows the ins and outs of WV Business Formation. We’re not here to string you along, yank your chain, or beat around the bush. We’re here to get down to business and brass tacks.
When you need a registered agent, we’ll be the best registered agent. When you need your LLC formed quickly and efficiently, we’ll do that too. Our business is business, so your success is our success. Sounds like a win-win situation.
Can I form an LLC in West Virginia if I live outside of West Virginia?
Yes, you can form an LLC in West Virginia if you live outside of West Virginia. However, to do so, you will need to list a registered agent with a West Virginia address on your Articles of Organization before you file them.
How to Form an LLC in West Virginia
Here’s a brief step-by-step run down of how to form your LLC in West Virginia:
Complete & File the Articles of Organization
- Choose a Name
Before you can form your LLC, you must first pick a name for your company. The name of your LLC must be unique from any other legal business entity on file with the West Virginia Secretary of State. It is a good idea to check and see if the name you want is available before you get too attached to one you have in mind. An way to make sure your name is available is by checking the West Virginia Secretary of State Business Organization Search website.
Also, the name of your LLC must include one of the following identifying terms: Limited Liability Company, Limited Company, L.L.C., LLC, L.C., LC.
- Choose a Registered Agent
It’s important to choose a registered agent that you can trust. Your registered agent is responsible for making sure you get any very important legal mail, so you should choose wisely.
You can list yourself as your LLC’s registered agent if you want, but the downside of doing that is sharing all of your personal information with the government. If you’d rather keep your data private, let us serve as your registered agent. Providing registered agent services is our bread and butter, so we’re pretty darn good at it.
For an annual fee of $49, we provide 365 days of top quality registered agent service.
- Obtain an EIN
To register your business with the West Virginia Secretary of State, you are required to have a Employer Identification Number (EIN). An EIN is a unique nine digit number issued by the IRS for federal tax purposes. Getting an EIN is fast, easy, and can be completed entirely online at the IRS website.
- Complete the Articles of Organization
In addition to providing the name of your company and the name and address of your registered agent, you must also provide the following information on the Articles of Organization to complete them:
- Principle Office Address
West Virginia does not require that this address be located in WV, however, you can list the address of your registered agent here if you would rather.
- Email Address
- Name and Address of the Organizer
The organizer is the person who is filing the Articles of Organization to form the LLC. When you hire us to complete the process, we list ourselves as the organizer.
- Name and Address of the Members
- LLC Management Structure
LLCs can either be member-managed or manager-managed. A member-managed LLC vests all decision making and voting power in the members of the LLC. A manager-managed LLC relies on a manager, or team of manager, to make the decisions.
- Veteran Status
If you are a veteran in West Virginia, the filing fees for forming an LLC are waived.
You can download a PDF copy of the Articles of Organization from the West Virginia Secretary of State website.
- Principle Office Address
- File Completed Articles of Organization
In West Virginia, you can submit your completed Articles of Organization five different ways: via mail, in-person, through fax, via email, or online.
To file the completed Articles of Organization by mail, send two copies of the completed document to one of the West Virginia Secretary of State offices along with the filing fee in the form or a check or money order made out to, “West Virginia Secretary of State.” You can also pay with a credit card when you file via mail if you include the e-Payment Authorization form.
The filing fee is $100, unless you are a veteran. In that case, the filing fee is waived. The processing time for forms submitted via mail is 5-10 days after the document has been received.
If you are submitting the form via mail, you must also include the Customer Order Request form (page 11 of the Articles of Organization PDF). Send your completed application and additional documents to one of the following addresses:
One-Stop Business Center
1615 Washington Street East
Charleston, WV 25311
Hours: Mon. – Fri. 8:30a – 5:00p EST
North Central WV Business Center
200 West Main Street
Clarksburg, WV 26301
Hours: Mon. -Fri. 9:00a – 5:00p EST
Eastern Panhandle Business Center
229 E. Martin Street
Martinsburg, WV 25401
Hours: Mon. – Fri. 9:00a – 5:00p EST
You can drop off your forms for filing at any of the offices listed above. If you are filing at the office, you can pay the filing fee with check/money order, credit card, or cash.
You can submit the completed Articles of Organization via fax or email as well. Make sure to include the e-Payment Authorization form otherwise the document will be rejected. If you are expediting your filing, you must make that apparent on the Customer Order Request form.
Standard processing time for documents submitted via fax or email is 5-10 days after receipt.
Fax: (304) 558-8381
Fax: (304) 627-2243
To file your document online, visit the Business for West Virginia website. There, you will be prompted to create an account and provide the required information to register your LLC with the West Virginia Secretary of State. Expedited processing is available and payment via credit or debit card is accepted.
If you want your filing expedited, for an additional fee, you can choose to have your Articles of Organization processed in 24 hours, 2 hours, or 1 hour. To do so, you must file via email, fax, or in-person.
24-Hour — $25
2-Hour — $250
1-Hour — $500
Send your Articles of Organization to be expedited to firstname.lastname@example.org or fax them to (304) 558-8381.
Maintain Your New Company
After your LLC is formed, there are a few more steps to maintaining your new company.
Drafting an Operating Agreement
While you are not required by West Virginia Law to have an operating element, is is one of the most critical elements of your LLC. An operating agreement is the set of rules and guidelines that govern how an LLC will operate. This document includes information about the members or the LLC, how to become a member, dissolution of the LLC, what happens if a member dies or gets divorced, and additional legal stipulations.
The reason this agreement is so important is because, if your LLC is ever in a legal situation, the court will look to this document when deciding how to rule. If your LLC does not have an operating agreement, the default laws will apply.
Filing Annual Reports
West Virginia LLCs are required to file annual reports between January 1 and July 1, along with a $25 filing fee. If you do not file this report, your company will lose its ability to conduct business in West Virginia.
This report can be filed online at the Business For West Virginia website. To proceed to filing, you will have to create a User ID and Password for an account.
Completing Any Additional Forms
Your LLC may require the completion of additional forms, permit applications, or registration with licensing boards.
If you are a contractor in West Virginia, you must register with the West Virginia Division of Labor Contractor Licensing Board. To find out more, check out their website.
If your business is a “professional” business (also known as a “PLLC”), you must register with the affiliated licensing board. For more information, check out “Step 3” in the West Virginia Guide to Business Start-Up.
What is the difference between an LLC and a PLLC?
“PLLC” stands for professional limited liability company. In order to form a PLLC, all members must be licensed to perform the professional service that the company is providing. Industries that require a PLLC entity classification include, but are not limited to: Attorneys-at-law, dentists, accountants, social workers, social workers, and psychologists. For more information on PLLCs, you can read the Instructions for Filing Articles of Organization (page 4 or the Articles of Organization).
How can I make this process easier?
You can simplify your “To Do” List by hiring West Virginia Registered Agent to take it from here.
For $249, we complete and file all the necessary paperwork to get your LLC on its way to growing big and strong. Click the “Order Now” button to get started!