Last updated
West Virginia creates an LLC through articles of organization, which W. Va. Code 31B-2-203 spells out. You file them with the Secretary of State for $100. The state's registration page says the fastest route is online, and online filings add a $1 processing fee. Our West Virginia business guide covers the entity search.
How do you form a West Virginia LLC?
The articles have to carry the following, according to the statute:
- the company name;
- the designated office address, if any, and a mailing address for the principal office;
- the name and address of the initial agent for service of process;
- each organizer and each member who can sign for the company;
- whether it is a term company, and whether managers run it;
- the purpose of the company;
- an email address for notices and annual filing reminders.
You can use the One Stop Business Portal, where you create a user account first, or paper forms. The state says filing online makes sure the registration needs of the other state agencies are met as well.
What will it cost?
| Item | Amount |
|---|---|
| Articles of organization | $100 |
| Online processing fee | $1 |
| Expedite, 24 hours | $25 added |
| Expedite, 2 hours | $250 added |
| Expedite, 1 hour | $500 added |
| Name reservation | $15 |
A veteran, or a West Virginia resident aged 18 to 29, may have the initial Secretary of State fee waived. The waiver covers that one fee only. For a normal online filing, plan on $101 before extras. The expedite page lists what can and cannot be rushed. To compare with other states, see LLC fees by state.
What name does your LLC need?
The ending can be LLC, L.L.C., LC, L.C., Ltd. Co., or the words in full, according to the state's name requirements. West Virginia law then asks for a name that is distinguishable upon the records of the Secretary of State. The name guidance shows examples of names the office treats as too close.
A reservation holds the name for 120 days. You file Form NR-1 with a $15 fee, and the same applicant has to sign the formation papers later. Our name availability guide shows how to search first.
Who can be your agent?
West Virginia allows a resident individual or a company authorized to do business in the state. The office you name need not be where you run the business. Details, plus changes and resignations, are on our West Virginia registered agent page.
What do you do after approval?
Draft an operating agreement. The statute does not list it among the contents of the articles, though the articles may hold terms an agreement could contain. Then apply for an EIN and open a bank account in the company's name.
What does a West Virginia LLC file each year?
An annual report, required under W. Va. Code 59-1-2a. It is filed between January 1 and June 30, and every active LLC formed by December 31 of the previous year has to file. The Secretary of State mails or emails a reminder in January.
The fee is $25 if the report is received by June 30. After that it is $75, which includes a $50 late fee. The report updates managers or members who can sign filings, addresses and the agent of process. The state warns that administrative dissolution or revocation notice may be mailed to LLCs that fail to file. Our annual report deadline guide puts all states side by side.
What is different here?
The deadline is the same date for every LLC, June 30, rather than your formation anniversary. A late report is also expensive compared with the base fee: three times the normal amount.
Out-of-state companies register instead of forming, and a certificate of authority costs $150. See foreign LLC registration. Nearby states: Ohio, Pennsylvania and Maryland.
Ready to begin? Use the start an LLC form.
After approval, check the rules in our West Virginia business license guide.