West Virginia has cultivated a thriving environment for local entrepreneurs. In fact, small businesses represent 98.8% of all existing businesses in the state. If you're looking to open a limited liability company (LLC) in West Virginia, you'll receive particular advantages, such as flexibility in terms of tax options and management structures, liability protection, and lower annual report fees compared to other states.
How to form a West Virginia LLC in 6 steps
Before you can open the doors of your LLC in West Virginia, you first have to register your business with the Secretary of State (SOS) and state tax department. To do that, you'll need a distinct name, federal tax number, and a few other documents along the way.
1. Choose your business name
Before you can officially register a business name, you have to conduct a local business search with the West Virginia Secretary of State. This search ensures you choose a name for your LLC that's distinct from any other registered business in the Mountain State.
A unique name avoids confusion with other entities and confirms that you're compliant with local regulations. While this process is necessary in every U.S. state, business naming requirements vary state to state. Here are West Virginia's main name requirements:
- Names of limited liability companies (LLCs) must include the words “limited liability company” or abbreviations, such as “LLC,” “LC,” or “ltd.”
- Names of business entities cannot be offensive or misleading.
- Names of businesses can't imply associations with a government agency, charity, or certain professional service—such as insurance, banking, real estate, or healthcare—unless they show proof of licensure or approval from a regulatory body.
If you've found the perfect name for your business but aren't ready to start the registration process, you can file a name reservation form for a $15 fee. This allows you to block any other business from registering under that name for 120 days.
2. Appoint a registered agent
The next step is to hire a registered agent, also known as an agent of process in West Virginia. A registered agent is an individual or business entity whom you designate to accept lawsuits and other legal documents on your behalf. Think of them as the middleman between your business and the government.
Your registered agent must have a physical address, not a P.O. box in West Virginia. West Virginia doesn't legally require an LLC to have a registered agent and a business owner can take on the role themselves, but many find it easier and more efficient to work with an outside registered agent service, as the legal documents they handle are often time sensitive. The cost of hiring a registered agent varies. LegalZoom offers registered agent services for $249 per year.
3. File articles of organization
To register as a regular or professional limited liability company, you need to file a certificate of authority, also known as articles of organization, with the West Virginia Secretary of State Business and Licensing Department. The filing fee is $100 (Waived if you're a veteran or a young entrepreneur aged 18-29) plus $15 per certified copy. Standard processing is five to ten business days, however you can pay an additional fee for the following expedited services:
- 24-hour, $25
- Two-hour, $250
- One-hour, $500
To file online, make an account with the One Stop Business Portal. There, you can find links to all the required West Virginia LLC paperwork. There's a $1 fee for filing anything through the online portal but it may be worth the extra dollar to file all of your documents in one place. Also note that you'll have to complete step five before you can register online.
If you decide to register by hand, you can mail your form (along with all your other required documents) to a Business Service Center at any one of these three addresses:
Charleston
One-Stop Business Center
13 Kanawha Blvd.
West Suite 201 Charleston, WV 25302
Clarksburg
North Central WV Business Center
153 West Main Street Suite G, Third Floor
Clarksburg, WV 26301
Martinsburg
Eastern Panhandle Business Center
229 E. Martin Street
Martinsburg, WV 25401
4. Create an operating agreement
An operating agreement is a legal document that outlines ownership structure, roles, and operational procedures for your business. While West Virginia doesn't require an operating agreement, having one is very helpful to legally settle structural or financial disagreements that could arise. Without an LLC operating agreement in place, courts will settle these disputes based on state law, which may not be in the best interest of your LLC and its members.
The cost of drafting an operating agreement varies. You can write it yourself for free, but as courts use this document as a basis to make litigation decisions, business owners often choose to draft one with the help of a business attorney. LegalZoom’s operating agreement service starts at $99.
5. Obtain an EIN and open a business bank account
To conduct business as a West Virginia LLC, you need a business registration certificate from both the SOS and State Tax Department. Before you can apply for those documents online, the One Stop Business Portal requires you to first get an employer identification number (EIN) from the Internal Revenue Service (IRS).
The nine-digit EIN is a federal tax identification number that allows you to accurately file federal and West Virginia taxes, hire employees, and open a business bank account. You can easily apply for an EIN online through the IRS website, and it's free.
6. Register for taxes and a business registration certificate
To legally conduct business in the Mountain State, you must file a business registration certificate with the West Virginia Tax Department. It's easy to confuse this certificate with the articles of organization that you file to register your business with the SOS, but they're two different documents. You need to file both of them. You can easily register for it—and any other relevant business licenses or permits—online through the One Stop Business Portal. The filing fee is $30.
What to do after forming your West Virginia LLC
Now that we've covered the legal basics, there are a few other steps to consider to ensure your business thrives.
Register a domain name
A website is essential for most businesses. Ideally, you want your domain name to be the same as the name of your business. That means you might want to ensure that the domain name is available before you register your business, which you can do by conducting a name search through a domain registrar website.
You'll typically renew your domain annually, although some companies offer longer contracts. The cost of a domain ranges from $10 to $45 per year, although some domain hosts offer costlier packages with services such as website templates, email infrastructure, or expert help with marketing.
Obtain a certificate of good standing
Once you've officially registered your West Virginia LLC, you may want to order a certificate of good standing, also called a certificate of existence for domestic LLCs or a certificate of authorization for foreign LLCs. Though not required, this document proves to potential partners, investors, lenders, employers, and customers that your business legally exists and is authorized to operate in the Mountain State. You can order this certificate online through the SOS website for a $10 filing fee.
Consider a foreign LLC
Registering a domestic LLC in West Virginia only authorizes you to legally operate within the state. If your business is booming and you believe it could benefit from expanding into another state, consider opening a foreign LLC.
In American corporate law, a foreign LLC refers to an entity that conducts business in a state other than the one where it was originally registered. The cost of registering a foreign LLC will vary state to state, but may be worth the effort to widen your customer base.
Annual filing requirements for West Virginia LLC
To continue to operate your LLC in compliance with state law, you must file an annual report. The process is relatively straightforward and you can file through the same online portal where you registered your business for a $25 filing fee. A $1 portal fee will apply to all filings processed through the online portal.
In West Virginia, you can file this report at any time between Jan. 1 and June 30 each year. However, there's a penalty fee for missing this deadline and failure to file may mean the dissolution of your LLC, so be sure to stay up to date on your annual report.
To ensure you stay up to date, many business owners use an annual report service like LegalZoom to file their yearly paperwork. Just tell us a little bit about your business and we’ll take care of the rest so you can focus on your day-to-day business activities with peace of mind.
The cost of forming an LLC in West Virginia
The cost of forming an LLC in West Virginia will vary based on the type of business you form, its scope, and operating cost. That said, it's helpful to have a clear picture of the basic costs every LLC will encounter in the state.
Here are the most common fees faced when forming a West Virginia LLC.
- Articles of Organization: $100 (waived for veterans and business owners under 30)
- Annual report: $25
- Business registration certificate: $30
- Workers’ compensation insurance: $1.09 per $100 of wages on average
- Registered agent service: $100 to $300 per year on average
- Operating agreement: Free, unless you decide to use an online formation service or hire an attorney to draft it, in which case you can expect to pay between $99 to $750
- Domain: $10 to $45 per year on average
- Certificate of good standing: $10
Keep in mind, a $1 portal fee will apply to all filings processed through the online portal, such as the Articles of Organization, annual report, business registration certificate, and certificate of good standing.
The above is just a general list of some of the basic costs of forming an LLC in the Mountain State, but things could get as expansive as you’d like. The minimum cost for filing your LLC in West Virginia will be around $203 (if you file through the portal) and include only the basic legally required items. If you include additional helpful services that will make it easier to get your new business off the ground, you can expect to pay closer to $558, not including the cost of insurance, which will vary based on the scope of your business.
How to start your West Virginia LLC with LegalZoom
West Virginia's One Stop Business Portal and modern business support tools make filing an LLC in the state fairly straightforward, but the process can be time consuming and requires attention to detail. For this reason, LegalZoom has created a streamlined LLC formation package to further simplify the process while helping to ensure compliance with state laws.
The LegalZoom process takes only three steps:
1. Complete our LLC questionnaire
Take a few minutes to fill out a simple questionnaire. Tell us whether you want to form a new LLC or convert an existing partnership or sole proprietorship into an LLC, and which personal liability protection provisions you want to include.
2. We apply for your LLC
After you’ve given us all of the important information about your new business, we compile it and file the paperwork with the West Virginia Secretary of State. Then, we create and file your articles of organization, business registration certificate, and an LLC operating agreement tailored to your specifications.
3. Receive confirmation
Once the SOS processes and confirms your documents, we’ll send you your finished articles of organization, business registration certificate, other relevant documents, and actionable instructions on the next steps to ensure your LLC’s success.
Start an LLC in Any State
FAQs
If you have more questions on how to form an LLC in West Virginia, check out our answers to common questions about the process.
Do I need a business license for my West Virginia LLC?
Yes, in addition to any industry-specific state licenses that your business may need to operate in West Virginia, you need to apply for a business registration certificate from the state tax department, which is essentially a general business license that allows you to operate within the state.
How long does it take to form an LLC?
To process your articles of organization and other formation documents, it generally takes between five to ten business days. However, the West Virginia state tax department and Secretary of State offer various expedited service options if you need your formation documents processed faster.
How do I correct filing errors in WV?
The method for correcting filing mistakes or amending documents in West Virginia depends on what document you need to correct. That said, the process is relatively straightforward no matter what information you need to update. For basic information, simply document any changes on that year's annual report. You can also file amendments and corrections forms online for $26.
How do I dissolve a West Virginia LLC?
You can dissolve your West Virginia LLC the same way you registered it, by filing a document through the One Stop Business Portal. However, in addition to filing a dissolution, termination, withdrawal, or cancellation with the SOS, you'll also need to update the state tax department and Division of Labor. Consider working with a business dissolution service like LegalZoom to take care of everything efficiently and accurately so you can avoid fees, taxes, and other unwanted outcomes.
Rudri Bhatt Patel contributed to this article.
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