Start a Corporation in West Virginia

You probably already have a name all picked out for your corporation. Before you start printing business cards, you’ll need to know if your preferred name is available. To find out, visit the West Virginia SOS Business Organization Search and browse until you find the perfect name for your corporation.

The name you choose must also follow West Virginia’s naming laws. Your corporate name must:

• Use identifiers like corporation, corp, inc, ltd, or another allowable abbreviation.
• Be unique among business names registered in West Virginia.
• Not contain words like limited liability company or LLC—anything that may make your business sound like a different type of entity.

Per West Virginia Code § 31D-5-501, every West Virginia corporation must appoint a registered agent (also called an agent for service of process). A registered agent is a person or business that accepts legal and state documents on behalf of your corporation. Your registered agent can be you, someone within your business, an outside individual or a registered agent company. Your registered agent must:

• Have a physical street address in West Virginia.
• Maintain regular business hours (9 AM to 5 PM).
• Accept legal and state mail on behalf of your corporation and forward it to you quickly.

Once you know who your registered agent will be and what your corporation name is, you’re ready to file your West Virginia Articles of Incorporation. Note: The information you provide on your articles becomes part of West Virginia’s public record—permanently.

Here’s the information you’ll need to submit to the state:

• Corporate name. Your name must include Corporation, Company, Incorporated, Limited or an abbreviation for one of these words. Tip: Most corporations keep it short and sweet with Corp or Inc.
• Principal office. List the street address of your principal place of business. This address will be part of the permanent public record of your West Virginia corporation. Tip: Hire us as your registered agent and you can use our West Virginia address as your principal office address.
• Principal place of business. If you have a physical location in West Virginia, include this address here.
• Registered agent and address. For your West Virginia registered agent, you can list an individual state resident (like someone in your West Virginia corporation) or a business that provides registered agent service (like Northwest). Tip: We recommend Northwest.
• Email address. The state will send your Annual Report notices to this email address. Like all the information in your articles, your email will become part of your public corporate record. Tip: Rather not end up with an inbox full of spam? At Northwest, we allow our clients to list our email address here.
• Website address. If you have a website, you can include it here, but this is optional.
• Number of West Virginia businesses. The state wants to know if you have any other West Virginia businesses (and if so, how many and in which counties). You can answer if you want, or you can tick the box that says Decline to answer.
• Authorized shares. Unless you’re a non-profit corporation, you’ll need to authorize shares. List the number of shares and their par value. (Par value is the face value of a share that’s listed on stock certificates—typically it’s the lowest value at which a share can be traded.) Multiply the number of shares by the par value per share to get the total value of all authorized capital stock.
• Corporation type. You’ll need to select either non-profit/non-stock or for profit. Most corporations are for profit.
• Purpose. While your purpose is probably making money, don’t write that here—what the state wants to know is what kind of activity your business will engage in (like motorcycle repair and maintenance). Professional corporations (think doctors and lawyers) must attach a Verification of Eligibility form signed by their profession’s state licensing board.
• Nonprofit members. Fill this section out only if you’re forming a nonprofit. If your nonprofit will have members, you’ll list the number of members as well as the classes of members you wish to include.
• West Virginia incorporator. Your incorporator signs your Articles of Incorporation. Besides signatures, incorporators must include their names and addresses. Your incorporator can be a director, officer, or someone outside the business that you authorize to submit your Articles. Tip: We’ll be your incorporator when you hire Northwest to form your West Virginia corporation.
• Veteran status. If meet the qualifications listed on the form to be considered a veteran-owned business, your registration fee will be waived, as well as your first four Annual Report fees.
• West Virginia land. The state wants to know how many acres of land your corporation holds or expects to hold in West Virginia. Seriously. While it may initially seem like a bizarrely random question, it’s related to an unusual West Virginia fee requirement. If your corporation holds more than 10,000 acres, you have to pay $0.05 for each acre over the first 10K.
• Contact person. You have the option of including a contact person’s name and number in case there’s a question or problem with your filing. Again, consider carefully before including personal information.

Your federal employer identification number (commonly known as an EIN or FEIN) is similar to a social security number for your business. The IRS assigns these numbers and uses them to easily identify individual corporations on tax filings, including federal corporate income tax returns.

Bylaws are the internal rules you set for your business. They put into writing how decisions will be made and who gets to make those decisions. All the major organizational processes and procedures for your corporation will go in your bylaws.

For more on West Virginia corporate bylaws (including our free West Virginia corporate bylaws template), see our West Virginia Corporate bylaws resource.

An organizational meeting is the first official meeting of the corporation after the business is legally formed with the state. At this meeting, bylaws are adopted, officers are appointed, and any other initial business is conducted. The first meeting minutes should also be recorded and added to your corporate record book.

Businesses that mix personal and business finances together risk losing their liability protections, so your corporation will need its own bank account. In addition, a corporate bank account is essential for easily accepting payments, paying bills and holding funds.

In West Virginia, corporations file an annual report each year. In addition, the state has a corporate net income tax.