How to Start an LLC in West Virginia

Choosing a business name is the first step in starting your LLC. You can find West Virginia’s rules for naming your LLC in WV Code §31B-1-105. Here’s the bottom line. Your LLC’s name must:

• Include an indicator like “limited liability company,” “LLC,” or “Ltd. Co.”
• Not include “corporation,” “limited partnership,” or other words that might make your LLC sound like a different type of entity.
• Be original (not identical or too similar to an existing West Virginia business).

Already have a business name? Check to see if it’s available.

Next, you should appoint a registered agent. A registered agent is a person or business that accepts legal and state documents on behalf of your LLC. Your registered agent can be you, someone within your business, an outside individual or a registered agent company.

If you appoint a registered agent, you’ll be required to list their information on your Articles of Organization.

Learn why business pros use a registered agent service.

To start an LLC in West Virginia, you’ll need to submit Articles of Organization with the West Virginia Secretary of State, Business and Licensing Division. You’ll need to pay $101 to file online and $100 to file in person or by fax or email. Standard processing takes 5-10 business days after receipt. The state also offers expedited service: $25 (next day), $250 (two hours), or $500 (one hour).

Note: All of the information on this form will become part of the public record.

The West Virginia Articles of Organization are notoriously long, so buckle up. You’ll need to provide the following information:

• Company name. Include an indicator like “limited liability company,” “L.L.C, “ or “LLC.”
• LLC type. Indicate whether your LLC will be a standard LLC or a professional LLC. Professional LLCs offer services that require special licensing (think attorneys, architects, and doctors) and must attach additional paperwork.
• Principal office. This address can be outside of West Virginia and is typically where your LLC keeps its business records.
• Mailing address. Optional: add a mailing address. This address can be a PO box and located outside of West Virginia.
• Designated office. This address must be a physical address located in West Virginia.
• Registered agent name and address. Whoever will accept service of process on behalf of your LLC.
• Business email. The state will send annual report reminders to this email address.
• Business website. You may enter your website address or leave it blank.
• Number of WV businesses. Check “yes” if you have additional businesses in West Virginia or check “decline to answer” to skip.
• Organizer name and address. The person filing your articles.
• 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 exist.
• Management. Indicate whether your LLC will be member-managed or manager-managed. You’ll also need to include the names and addresses of all members or managers.
• Member liability. If you want one or more members to be liable for specific debts or obligations, you can select “yes” in this section.
• Purpose. Briefly describe your business activity (for example: “real estate” or “computer repair”). If your LLC plans to act as a litigation financier, you’ll need to attach the Application for Registration as a Litigation Financier.
• Scrap metal dealers. If your LLC is a scrap metal dealer, you’ll need to attach the Scrap Metal Dealer Registration Form.
• Other provisions. You can attach extra information about your LLC or skip.
• Pages attached. If you’re attaching additional pages, include the total number here.
• Effective date. You can delay the start of your LLC for up to 90 days or skip.
• Veteran-owned organizations. Your filing fee may be waved if you qualify under WV Code §59-1-2a. You’ll need to attach a copy of your Veteran Affairs Form DD214.
• Contact person. If there’s a problem with your filing, the West Virginia Secretary of State will reach out to this person.

Your LLC’s operating agreement is a legally binding document that specifically outlines the rules, regulations, and provisions for how your company will run. It’s the nuts and bolts—everything from how profits and losses are distributed to eventually dissolving the LLC.

Check out our attorney-drafted West Virginia LLC Operating Agreement.

An employer identification number (or EIN) acts as a social security number for your LLC. The IRS assigns the unique nine-digit number and uses it to identify your LLC on tax filings. You can apply for an EIN through the IRS website or file a paper form. There is no fee.

Learn How to get an EIN for your LLC.

Your LLC will need a bank account. Why? An LLC is considered a separate entity from its members, but only as long as you maintain that separation. The separation is what allows you to have limited liability protection. Mixing personal and business finances erodes that separation and could put your protection at risk.

To open a bank account for your LLC, you’ll need to bring the following to the bank:

• West Virginia LLC Articles of Organization (a copy is fine)
• the LLC’s operating agreement
• the LLC’s EIN
• an LLC Resolution to Open a Bank Account (if your LLC has more than one member).

If your LLC has more than one member, use our free LLC Resolution to Open a Bank Account.

You formed your LLC and opened a bank account—time to fund your business. Members typically make an initial contribution by writing a check or depositing cash into the LLC’s bank account to pay for membership interest. Members can also make contributions via property or services, but these kinds of contributions can trigger tax events. So, if you or another member decide to go that route, you may want to seek professional tax advice.

West Virginia requires all LLCs to file an annual report each year with the West Virginia Secretary of State, Business and Licensing Division. The report allows the state to remain updated on your LLC’s information. The filing fee is $26 (online) or $25 (paper).

Concerned you’ll miss the deadline? Let us file your annual report for you.