Filed with
West Virginia Secretary of State, Business and Licensing Division
Document
Articles of Organization
Recurring filing
Every year
- 01
Choose a name for your West Virginia LLC
West Virginia Secretary of State, Business and Licensing Division business filings →The name must include "limited liability company", "limited company", "L.L.C.", "LLC", "L.C." or "LC" ("Limited" may be "Ltd." and "Company" may be "Co."). It also has to be distinguishable from every business already on the West Virginia register.
Search the West Virginia Secretary of State, Business and Licensing Division business records before you file.
- 02
Choose a registered agent
Every West Virginia LLC needs a registered agent with a physical address in West Virginia, available in business hours to accept legal papers and state notices.
You can be your own agent, but your address goes on the public record and you need to be there during business hours. A registered agent service keeps your home address off the filing.
- 03
File your Articles of Organization
West Virginia Secretary of State, Business and Licensing Division →The Articles of Organization is the document that creates your LLC. It is filed with the West Virginia Secretary of State, Business and Licensing Division, which accepts it online.
It names the LLC, its registered agent and address, and whether it is managed by its members or by managers.
- 04
Write an operating agreement
West Virginia operating agreement rules and free generator →The operating agreement sets out who owns the LLC, how profits are shared and how decisions are made. It is not filed with the state, but banks often ask for it, and without one your state’s default rules decide disputes between members.
- 05
Get an EIN
An Employer Identification Number from the IRS is the LLC’s federal tax number. You need it to open a business bank account and to hire, and it is free from the IRS.
- 06
Open a business bank account
Keep the LLC’s money separate from yours from the first day. Mixing them is the most common reason courts set aside an LLC’s liability protection.
- 07
Get the licenses your business needs
West Virginia business license lookup →Forming the LLC is not a business license. Check whether West Virginia requires a state license, what your city or county requires, and whether your trade is licensed. If you sell taxable goods or services, register for West Virginia sales tax too.
- 08
Keep your West Virginia LLC in good standing
Compliance deadline tracker →West Virginia LLCs file an Annual Report every year. It is due between January 1 and June 30 each year, starting the year after the LLC was formed.
Worth knowing in West Virginia
- Annual reports must be filed online through the One Stop Business Portal.
- Forming online through the One Stop Business Portal also registers the business with the State Tax Department and WorkForce West Virginia.
- Failing to file can lead to penalties and administrative dissolution.
Or have it done for $399
We check your name, file your Articles of Organization with the West Virginia Secretary of State, Business and Licensing Division and pay the state fee, act as your West Virginia registered agent for the first year, get your EIN and write your operating agreement. One price, nothing else to buy.
Sources
Nearby states
Frequently asked questions
How do I start an LLC in West Virginia?
Choose an available name, appoint a registered agent in West Virginia, and file a Articles of Organization with the West Virginia Secretary of State, Business and Licensing Division. Then write an operating agreement, get an EIN from the IRS and open a business bank account.
How much does it cost to form an LLC in West Virginia?
West Virginia charges a filing fee for the Articles of Organization. With StartGlobal the total is $399, with that fee included, plus your EIN, operating agreement and first-year registered agent service. See our West Virginia LLC cost page for the yearly costs.
Does a West Virginia LLC have to file an annual report?
West Virginia LLCs file an Annual Report every year. It is due between January 1 and June 30 each year, starting the year after the LLC was formed.
What is the Articles of Organization?
The document filed with the West Virginia Secretary of State, Business and Licensing Division that creates your LLC. It gives the LLC's name, its registered agent and registered office in West Virginia, and how it is managed.
Can I be my own registered agent in West Virginia?
Yes, if you have a physical address in West Virginia and are there during business hours. That address becomes part of the public record.