How to Start an LLC in Virginia

Starting your LLC in Virginia is a smart way to protect your personal assets and benefit from the state’s business friendly policies. From naming your entity to getting the Articles of Organization filed with the state, we’ll walk you through every step to ensure your LLC is set up right from the beginning.

Start Your VA LLC

Create a VA LLC in 5 Steps:

  1. Name Your Virginia LLC
  2. Choose a Registered Agent
  3. File Virginia Articles of Organization
  4. Set Up Business Operations
  5. File BOI Report

Step 1: Name Your Virginia LLC

Before you submit the LLC formation application to the state, you must choose an available name for your business. Below are some rules and considerations for choosing a name:

What are Virginia’s business name requirements?

Virginia has many rules for naming your LLC, and you can find all the rules on their Business Entity Names website. Below is a summary of the general LLC naming requirements:

  • Limited Liability Company names must include the words “limited company” or “limited liability company,” or the abbreviation “LC,” “L.C.,” “LLC” or “L.L.C.”
  • The name of your LLC must not imply that it is a different kind of entity. So, your LLC name can not include words like “Corporation” or “Incorporated” as that implies it is actually a corporation, not an LLC.
  • The LLC name must be unique in Virginia. It must be distinguishable from any other name registered in the state.

Is the name unique in the state?

To make sure your LLC name is unique in Virginia, you can search for it using the State Corporation Commission’s Name Check Availability site.

Are others using the name online?

Once you have found an available name you like, see if the name is also available online as a domain name or social media handle. If you can create a cohesive business presence using the same or similar name online, it will help establish a strong brand for your company.

When you hire us to form your Virginia LLC, we can register your domain name, set up your business website, and more in minutes.

Can you register the name as a trademark?

Yes, you can and we can help! When we form your LLC, you can also hire us to register a trademark for your company’s name and/or logo. Our in-house trademark attorneys perform clearance searches and provide recommendations if they find obstacles to its registration.

Step 2: Choose a Virginia Registered Agent

The state requires all active businesses to list and maintain a registered agent at all times. Your registered agent is responsible for receiving important legal documents on behalf of your business. The following requirements must be met by your registered agent:

  • Must be a Virginia resident over the age of 18
  • Have a physical Virginia address to use as their registered office
  • Be available at their listed registered office address during normal business hours to receive legal mail in person

You can be your own registered agent as long as you meet all the above requirements. In addition, a member of your management or LLC member team can be appointed as the agent. Just keep in mind that the name and address of the registered agent will become public record.

Your LLC can not be listed as its own registered agent, but you can hire a third-party company to fill this role to maintain your address privacy on public record.

Step 3: File Virginia Articles of Organization

Now that you have an available name and a registered agent, you officially form your LLC in Virginia by submitting a completed Articles of Organization application. All the information you’ll need to do this is below:

1

Business name
Enter your chosen LLC name complete with entity identifier (LLC, L.L.C., Ltd. Liability Co., etc.)

Optional: Enter a contact phone number and/or email address just in case the state has an issue with the LLC name (they will contact you for an alternate name if needed to avoid an application rejection)

2

Principal office address
Enter the physical address of your LLC “home base” office. This does not need to be a Virginia address. PO boxes are not acceptable.

3

Registered agent name
Place the first and last name of your registered agent here. You can also list their contact email address, but that part is optional.

4

Registered agent qualification
If you hired an individual to serve as your registered agent, they must be a Virginia resident and have ONE other quality from the list provided on the application. Basically, they must also be a lawyer or connected in some official way to your LLC.

5

Registered office address
This is the physical Virginia address where your registered agent will be available to receive your company’s legal mail.

6

Organizer signature
The organizer is the person(s) authorized to complete and submit this application to the state for approval.

How long does it take for an LLC to be approved in Virginia?

The processing time depends on how you submitted the LLC application. If you submitted it online, it will be processed the same day. If you submitted the application by mail, the processing could take 3-5 business days.

Ready to create your LLC in Virginia?
We’ll set up your entire business in minutes.

Hire Registered Agents Inc

Step 4: Set Up Business Operations

Now that your Virginia LLC is officially formed in the state, you can get these other important business items checked off your list.

Create an operating agreement.
An operating agreement is like your company’s constitution. It lays down the rules for how your LLC will be managed, member responsibilities, and how and when people get paid. It defines ownership percentages, how to add new members, and outlines member responsibilities. Banks like to see an operating agreement when you go to open a business account. It shows them you are serious about your business and intend to succeed. Without an operating agreement, your LLC could also be vulnerable to legal troubles.

Get an EIN.
The Employer Identification Number (EIN) is acquired from the IRS and acts like a social security number for your LLC. You will use it when you pay your business taxes, hire employees, or when you go to open a business bank account. Getting an EIN is fast and free using the IRS.gov online application.

Manage your company’s money.
To protect your LLC’s natural limited liability protections, the best thing to do is to keep your LLC’s income separate from your personal income. This is done by opening a separate business bank account for your new company. This will also make paying your taxes quicker and less complicated.

Obtain licenses and permits.
The State of Virginia does not require a general state wide license for businesses. However, you may need to get special licensing or permits for the kind of services or products you offer. For example, if your business engages in construction or legal services, you will need special licensing and/or permits. Contact the VA Department of Professional & Occupational Regulation to see if your business activities require licenses or permits. You can also use the Virginia Business OneStop tool to find out about licensing and permits for your LLC.

Step 5: File BOI Report

The Beneficial Ownership Information (BOI) Report is a federal filing that most LLCs are required to submit to the federal government soon after formation. It asks for information about your company and its owners.

All BOI Reports are submitted to FinCEN with these specific deadlines:

  • LLCs formed in 2024 have 90 days from registration to file
  • LLCs formed in 2025 or later have just 30 days to file.

When you hire us to form your Virginia LLC, you can add this BOI filing to your order. Let us worry about the paperwork so you can focus on getting your company up and running.

Frequently Asked Questions

What is needed to start an LLC in Virginia?

You need to choose an available name, hire a registered agent, and submit the Articles of Organization application to the Virginia State Corporation Commission.

How much does it cost to start an LLC in Virginia?

The cost to form a Virginia LLC is $100 and takes the state 1 day to process if submitted online. It can take up to 3-5 business days if submitted by mail.

Do LLCs pay taxes in Virginia?

Virginia LLCs are taxed as pass-through entities, which means that your LLC does not pay federal taxes directly. Instead, owners/members pay federal and state taxes on the income they are assigned themselves from the LLC. For more information on Virginia business taxes, contact the Virginia Department of Taxation.

When is the Virginia Annual Report due?

The Virginia Annual Report is due by the end of your LLC’s formation anniversary month each year. So, if your LLC was formed on October 1, 2024, your first report would be due by October 31, 2025 and by October 31st every year after that. The fee is $50 and is submitted online.

How do I contact the Virginia Secretary of State?

If you have questions about state filings or business in general, here’s how you can contact the Virginia Secretary of State:

Phone: 804-371-9733
Email: [email protected]

Mailing address:
Office of the Clerk
P.O. Box 1197
Richmond, Virginia 23218

Physical address:
Tyler Building
1300 E. Main St.
Richmond, Virginia 23219

Got 10 Minutes?