How to Start an LLC in West Virginia
Starting an LLC in West Virginia means picking a business name, appointing a registered agent, and filing Articles of Organization. Once your company is registered with the WV Secretary of State, take additional steps to ensure your LLC is set up for success.
Create a WV LLC in 5 Steps:
Step 1: Name Your West Virginia LLC
Before you can register your business, you have to name it. Your West Virginia LLC must include the words “Limited Liability Company” or “Limited Company,” or an acceptable abbreviation like “LLC” or “LC.” You cannot, however, give your LLC name an identifier like “Corporation” that suggests it’s another type of entity.
West Virginia also mandates that your name be “distinguishable” from other names in the state. That means you can’t have a name that’s identical or very similar to an already existing registered name.
How do I check to see if an LLC name is available in West Virginia?
Use the state’s Business Entity Search database to find out if your name is already being used in the Mountain State.
If your business name is available, consider checking to see if it’s been trademarked federally. You should also take a look at reserving a domain name. Doing both things now is easier than procrastinating and finding out that another business already got your domain name or filed a trademark. If one or both of those things happen, you may need to rethink your branding strategy entirely to create a cohesive online presence.
When you hire us to form your West Virginia LLC, we’ll register your domain for free. As a bonus, we’ll also give you three months of email and website services.
Step 2: Choose a West Virginia Registered Agent
LLCs are required by law to appoint and maintain a West Virginia registered agent, which the state also calls an agent for service of process. Your registered agent will accept legal mail, including lawsuits, on behalf of your business, then forward the paperwork to you immediately. It’s an important job, so you shouldn’t designate any random person as your registered agent.
Either an individual or an entity authorized to do business in the state can act as your registered agent. Either way, your registered agent must have a physical address located within West Virginia state lines.
Can I be my own registered agent in West Virginia?
You can be your own West Virginia registered agent if you live in the state and are available Monday through Friday during normal business hours to accept legal mail.
Step 3: File West Virginia Articles of Organization
Filing Articles of Organization for your West Virginia LLC is what registers your business with the state. You can file online or use a paper form. Filing online costs $101, while using a paper form and filing by mail, fax, or in person costs $100.
To expedite your filing, make sure your Articles of Organization include the following information:
1
Company name
Include an indicator like “limited company” or “LLC.”
2
LLC type
Indicate whether your LLC will be a standard LLC or a professional LLC.10
3
Principal office
Where your LLC keeps its corporate records. This location can be outside the state.
4
Designated office
List a physical address in West Virginia.
5
Registered agent name and address
List the agent’s name and the address where they receive legal mail on your behalf during regular business hours.
6
Business email
You’ll receive annual report reminders at this email.
7
Business website (optional)
You may enter your website address or leave this blank.
8
Number of WV businesses
Check “yes” if you have additional businesses in West Virginia or check “decline to answer” to skip.
9
Organizer name and address
This is the person who files your Articles.
10
Duration
If you want your LLC to exist indefinitely, select “at-will.” If your LLC will dissolve after a set period of time, check “term” and list the number of years your LLC will be around.
11
Management
Indicate whether your LLC will be member-managed or manager-managed, plus the names and addresses of all members or managers.
12
Member liability
LLCs are designed to limit liability. If you want to cast this limited liability protection aside and make one or more members liable for specific debts or obligations, check “Yes.”
13
Purpose
Briefly describe your business activity (for example: “real estate” or “computer repair”).
14
Scrap metal dealers
If your LLC is a scrap metal dealer, you’ll need to attach the Scarp Metal Dealer Registration Form. Otherwise, check “no.”
15
Other provisions (optional)
You can attach extra provisions included in your operating agreement if you want.
16
Pages attached
List the total number of pages once attachments are included. If none, write “0.”
17
Effective date
You can delay the start of your LLC for up to 90 days, or just make your effective date the same as the filing date.
18
Veteran-owned organizations
Your filing fee could get waived if you qualify and attach a copy of your Veteran Affairs Form DD214. Otherwise, check the “no” box.
19
Contact person and signature
The West Virginia Secretary of State’s office will reach out to the person listed here if there are any issues with the Articles.
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Step 4: Set Up Business Operations
Now that your West Virginia LLC is registered, there are a few more steps to take to ensure your business runs like a well-oiled machine.
Craft an operating agreement.
An operating agreement establishes the groundwork for your West Virginia LLC’s business operations. It details rules and procedures for things like adding members, structuring management, and distributing profits and losses. Without an operating agreement, your LLC will default to West Virginia’s LLC statutes, which gives you less control over your company.
Get an EIN.
An Employee Identification Number (EIN) is like a Social Security number, except it’s attached to a business rather than a person. Having an EIN is essential if you want to set up a business bank account and hire employees.
Manage company funds.
Keeping your business and personal funds separate is critical to maintaining your West Virginia LLC’s limited liability protections. It’s much harder to establish separation without also establishing a separate bank account for business funds.
Obtain licenses and permits.
You must register with the West Virginia State Tax Department if your business generates revenue. You may also need an occupational, professional, or other license to operate your West Virginia LLC. West Virginia’s business licensing page has more information. You should also check with city and county authorities to see if your business requires any local permits or licenses.
Step 5: File BOI Report
As of 2024, most LLCs are required to file a Beneficial Ownership Information (BOI) Report after they register their business. A BOI Report requires you to list information about the company as well as any owners who have substantial control over it.
You’ll submit your BOI Report to a federal agency known as FinCEN. If you formed your LLC in 2024, you have 90 days to file a report. If you formed your LLC in 2025 or after, you only get 30 days to submit a report.
You can also opt to add BOI Report filing when you hire us to form your West Virginia LLC.
Frequently Asked Questions
What is needed to start an LLC in West Virginia?
The paperwork that officially forms your West Virginia LLC is the Articles of Organization. To submit it, you’ll need to select a name for your LLC, designate a registered agent, and pay a filing fee of either $101 (online) or $101 (mail, in person, or fax).
How much does it cost to start an LLC in West Virginia?
It costs $101 to file your West Virginia Articles of Organization online, or $100 if you use a paper form and file by mail, fax, or in person.
Do LLCs pay taxes in West Virginia?
By default, your West Virginia LLC will be considered a pass-through entity, meaning profits pass through the company and to members. Members then claim any profits or losses on personal taxes. However, you should also pay attention to any city, county, self-employment, or other business-specific taxes that apply to your LLC.
When is the WV annual report due?
Your annual report is due by June 30 of the year after your business was registered. When you submit your annual report, you must also include a $25 filing fee.