West Virginia Registered Agent
A West Virginia registered agent, or an agent for service of process, as they’re often called in the Mountain State, is a person or entity with a physical street address where they accept legal documents on behalf of the businesses they represent. West Virginia statutes §31E-5-501, §31B-2-203, and §31B-1-108 establish this as a legal requirement for business registration. We’re here to help you understand your obligations, so you can choose the right individual or service for your business needs.
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What Does Agent for Service of Process Mean?
An agent for service of process is an individual or a business authorized to receive service of process and other legal notices on behalf of your company. Other states call these registered agents, as do some West Virginia state statutes related to corporations. The terms are interchangeable.
What is service of process?
“Service of process” refers to the way a court serves a summons, complaint, or other notice on an individual or a business. In layman’s terms, if you get sued the courts have official ways they alert you to pending litigation. Missing service of process can result in missed opportunities to defend yourself in court, which means you run the risk of a default judgment against you.
What’s the difference between an agent for service of process and registered agent?
There’s not one. An agent for service of process and a registered agent are essentially the same. Both act as intermediaries between businesses and legal proceedings, differing only in name.
Does West Virginia Require a Registered Agent?
Yes. The state of West Virginia mandates that each corporation and LLC appoint a registered agent, also known as an “agent for service of process.” Beyond legal compliance, a registered agent guarantees you’ll receive critical information with the speed, reliability, and confidentiality you deserve.
That’s because in West Virginia, a process server (the individual delivering your service of process) will attempt to serve your agent for service of process first. If you haven’t appointed a registered agent, or if they can’t be served, a process server may also serve your corporation’s secretary at the principal office via registered or certified mail with a return receipt requested.
However, the Secretary of State also claims the authority to accept service of notice and process on behalf of every corporation in the state. Once their office has been served, they’ll attempt to notify you based on information you provided them in your annual report or formation articles, but it may not always be timely.
What Are the Key Responsibilities for an Agent for Service of Process?
A West Virginia agent for service of process does two things: they accept service of process and other government correspondence on your behalf, and they notify you so that you can take appropriate action.
Can I be my own registered agent in West Virginia?
Yes, you can be your own registered agent (aka agent for service of process) in West Virginia.
However, a registered agent’s name and office address become part of the public record when you file your formation articles—either your Articles of Incorporation or Articles of Organization—and form your business.
Since your registered agent is also responsible for accepting service of process and other official correspondence, they’re typically expected to be present at the registered office address during all standard business hours, without exception. Goodbye sick days; goodbye vacation! You could also experience some complications, especially if your business is a little more mobile than a standard brick-and-mortar shopfront.
Who can be appointed as an agent for service of process?
You can designate any individual as an agent for service of process as long as they reside in the state and their business office is identical to the registered office stated on your formation articles.
You can also appoint a domestic or out-of-state business, as long as they’re allowed to operate in West Virginia, to serve as your registered agent. You could even appoint a commercial registered agent.
Why Hire Registered Agents Inc?
Registered Agents Inc is in the business of getting your business up and running, and we have decades of experience with the services you need to run smoothly.
- Secure client account
Your client account is your hub for everything you need, wherever you are. View documents, respond to action items, and more, 24/7 from your desktop or mobile device. - Real-time uploads and updates
Never miss another deadline. We upload documents to your account and notify you via email so that you can take action on critical items quickly. - Compliance assistance
Our West Virginia registered agent service includes the filing of your annual report—all you’ll pay is the $25 fee charged by the Secretary of State. We’ll also send filing reminders if you’d prefer to DIY. - National service
Looking to expand your business? Registered Agents Inc has offices in all 50 states, plus Washington, D.C. and Puerto Rico, and we’re ready to help you grow with personalized, local support. - Humans helping humans
Our expert service teams are staffed with real people, not bots, who know the ins and outs of West Virginia business regulations. When you give us a call or send us an email, there’s a human being responding with the in-depth knowledge you need to solve your problems.
Frequently Asked Questions
How can I appoint an agent for service of process?
When you’re starting a new business, you’ll name an agent for service of process, also called a registered agent, on your formation articles. Corporations, including nonprofits and benefit corporations, will name a registered agent on their Articles of Incorporation, and limited liability companies will name one on their Articles of Organization.
How do I change my registered agent in West Virginia?
To change your registered agent, you’ll need to file a statement of change with the Secretary of State. This filing must include the following information:
- Your company’s name
- The current mailing address of its registered office
- The new street address if the registered office address is changing
- The name of the current registered agent
- The name of the new registered agent, along with a statement of their consent to the appointment
- A statement that the mailing address of its registered office and the business office of its registered agent will be identical
For convenience, you can complete your statement of change online using West Virginia’s One Stop Business Portal.
How do I find a local registered agent?
To find a registered agent operating in West Virginia, you can search the Secretary Of State’s Business Organization search. Enter “registered agent” as your keywords in the Organization field and select “Search” to bring up a list of organizations with your keywords in their name.
If you’re looking for the agent for service of process for a particular company, instead enter that company’s name in the Organization field and select “Search.” The agent’s name and address should be listed in the field for Notice of Process Address.
How much does a registered agent cost?
Registered agent services cost between $50 and $300 annually. Our white-glove service is $200 a year, which includes our business compliance service and free trials of our business presence services to help you establish your digital footprint.
How much is an LLC in West Virginia?
Filing your Articles of Organization to the West Virginia Secretary of State Business & Licensing Division will cost you $100 plus any expedite fees:
- 24-Hour Expedite: $25
- 2-Hour Expedite: $250
- 1-Hour Expedite: $500
Registered Agents Inc also offers business formation services for $300, which includes a year of registered agent services.
What is a Beneficial Ownership Information (BOI) report?
The BOI report identifies the people who directly or indirectly own or control a company. As part of global efforts to combat money laundering and other illicit financial activities, the Corporate Transparency Act—a federal law effective January 1, 2024—requires that qualifying businesses submit Beneficial Ownership Information (BOI) to the Financial Crimes Enforcement Network (FinCEN). This is a one-time report unless beneficial ownership information changes:
| Date Company Created or Registered: | Date BOI Report Due |
| Before 1 January, 2024 | No later than 1 January, 2025 |
| During 2024 | Within 90 calendar days of creation |
| After 1 January, 2025 | Within 30 calendar days of creation |
There are serious financial repercussions for failure to file, including civil and criminal penalties. Registered Agents Inc can help you determine your filing requirement and even file it for you when you hire us for registered agent or business formation services.