West Virginia LLC Cost

How do I form my LLC in West Virginia?

What should you do next?

1. Name Your LLC

West Virginia Business Name Rules 

Your LLC’s name must be distinguishable from other West Virginia business names. It also must contain one of the following:

• “Limited Liability company” or “Ltd. Liability Co.”
• “Limited Company” or “Ltd. Co.”
• “L.L.C.”
• “LLC” 
• “L.C.”
• “LC” 

Again, it’s a good idea to check that your proposed business name is available in West Virginia before filing your LLC paperwork.  

West Virginia Business Name Checker

Another thing to consider when choosing a business name is whether the matching domain name is available. Your customers have a better chance of finding you if your business’s name is also your website. 

So before you decide on your LLC’s name, run your business name through our Business Name Checker to see if the domain name is in use. If the domain name is available, you can reserve your business name now. 

Principal Office Address

The principal place of business (where you keep your corporate records) for your LLC will be its principal office. The principal office doesn’t have to be in West Virginia, but you do need to list the county in which it sits in your Articles of Organization. The Articles of Organization also asks for your physical office address in West Virginia.

2. Choose a Registered Agent  

What is a registered agent?

A registered agent is a person or entity chosen by your company to receive service of process and other official documents for your business. West Virginia doesn’t require you to designate a registered agent, but you may.

If you don’t designate a registered agent, service of process will be delivered to the Secretary of State. That office will then mail it to your LLC’s principal office. 

It’s a good idea to have a registered agent because you don’t want to miss important documents related to your business. We can help you find a West Virginia registered agent so you don’t experience any delays in dealing with important matters. 

Registered Agent Options 

If you designate a person as your registered agent, that individual must be a West Virginia resident. 

You can also choose a West Virginia corporation, another LLC, or a foreign corporation or foreign company authorized to do business in West Virginia. 

Deciding on a Registered Agent

If you decide to name a person or business as your registered agent, make sure to keep your registered agent current with the Secretary of State. If you need to make a change, the filing fee is $15.  

3. File Your Articles of Organization

You can file your Articles of Organization online or by mail together with the $130 fee. The application form lists 3 possible mailing addresses as well as where to take your form for expedited filing.  

Send two originals if you want the Secretary of State to send you a filed, date-stamped copy free of charge. 

Veteran-owned businesses and young entrepreneurs should check first to see if they qualify for fee waivers.

4. File Your New Business Registration Application

Before you get up and running, don’t forget to file your new business registration application. You can’t operate without a business registration certificate. 

You can file online or by mail. If you file by mail, send your application and $30 registration fee to this address:

West Virginia State Tax Department

Tax Account Administration Division

Registration \u0026 Account Correction Unit

PO Box 2666

Charleston, WV 25330-2666

Keep in mind that you need a separate certificate for each fixed business location where you sell property or services or where customer accounts are managed.

5. Create an Operating Agreement

An operating agreement describes how the company will run and manage finances. It also clarifies the relationship between its members and managers. 

West Virginia doesn’t require LLCs to have written or oral operating agreements. However, if your LLC doesn’t have one, or if it’s incomplete, then West Virginia law will fill in the blanks.

Specifically, West Virginia lists many things an operating agreement may not do. It’s worth researching when you’re drafting your LLC’s operating agreement.

We can also help by providing ideas for your operating agreement with our Operating Agreement Template.

6. Get an EIN 

An Employer Identification Number (EIN), or Federal Tax ID Number, registers your business with the Internal Revenue Service (IRS). Though you may be able to use your social security number to file taxes with the IRS if you have a single-member LLC, most LLC owners prefer to get an EIN. 

Insurance companies sometimes ask for one when you apply for insurance coverage. Banks also often require an EIN when you open a business bank account. 

We can take care of the paperwork for you with our Employer ID Number Service. 

Check West Virginia Annual Requirements     

West Virginia requires LLCs to file annual reports. Depending on what kind of business you have, other yearly filing requirements may apply. Our Worry-Free Compliance Service can remind you of deadlines and put your mind at ease.

You also need to keep track of various state and local tax obligations. Consult our West Virginia Small Business Tax Guide if you aren’t sure which ones apply to your LLC.

Stay Legally Compliant

Remember to keep the Secretary of State informed if you make any major changes to your LLC. File the appropriate form if you make amendments to your LLC, change your address, or replace your registered agent. And if you open a new location, you’ll need a new business registration certificate. 

We can help!

We are here to help from beginning to end. If you’re just trying to map out your idea, our Business Plan Template can help you organize your thoughts and plans. If you’re already well on your way, our services and resources can help you avoid expensive mistakes and penalties. 

Disclaimer: The content on this page is for information purposes only, and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.