Register a West Virginia Foreign LLC

Your first course of action should be to make sure your LLC’s name is available. You can check name availability with a quick search. You can also go ahead and reserve a name in West Virginia for 120 days and pay a $15 filing fee. Your LLC’s name will be approved by West Virginia’s Secretary of State only if it is available. If it’s not, you will have to use a DBA or doing business as name. A DBA is a name other than your LLC’s legal name under which you do business.

To use a DBA, the foreign LLC members must submit a letter of resolution as part of the foreign LLC registration. The letter of resolution needs to be drafted on company letterhead and all members of the LLC need to agree to the DBA name.

The next step is to get a registered agent. You won’t be able to register your LLC as a foreign LLC until you appoint a West Virginia registered agent. Your registered agent needs to:

• Have a West Virginia street address
• Be open regular hours (9am to 5pm)
• Be willing to accept service of process in person

Service of process is a more technical term for lawsuits, summons, subpoenas, and other legal mail. You can appoint an individual who lives in West Virginia or you can hire a real deal professional registered agent service. One benefit of hiring a professional agent is that they can list their information on your registration documents, which helps to keep your private information out of the public eye.

Next on the list is getting in touch with your LLC’s home state to secure a certificate of good standing. Also known as a certificate of existence, this certificate will let West Virginia know that your LLC is current on all of its state fees, taxes, annual reports, and any other important state paperwork. Basically, West Virginia wants to make sure your LLC is above board before they let you come in and do business.

Remember all the paperwork you had to fill out in order to form your domestic LLC? Well, this is kind of like that. You’re going to need to gather your LLC’s information in order to properly fill out the West Virginia Certificate of Authority. Here’s a list of what you’ll need:

• The name of the LLC as registered in home state
• The business name you plan to use in West Virginia (If the original name is not available, check DBA Name box and attach your Letter of Resolution signed by LLC members)
• What kind of LLC you plan to register (Tip: Most LLCs choose Regular LLC)
• Address of the principal office
• The address of the physical office of the company
• Registered agent name and address
• Email and website address (if available)
• Duration or term of LLC (whether it will be perpetual or have an end date)
• How your LLC will be managed (either by members or managers)
• Names and addresses of members/managers
• Will members be liable for specific debts or obligations? If yes, check the yes box
• The state wants to know what sort of specific business activities you plan to engage in. Scrap metal dealer? You’ll also need to attach a special registration form
• Effective start date? Most start ASAP, but West Virginia allows you to put a date up to 90 days in the future
• Disclose any other provisions set out in your original operating agreement
• Number of pages attached to application
• Veteran-owned LLC? Your filing fee of $150 will be waived
• Contact information, title of signer, signature, and date of signing

Whew, West Virginia don’t play. They want to know ALL of your information. We’re surprised they didn’t ask for your blood type or eye color. We can file this for you and spare you the privacy invasion, if you want.

Ready to register your foreign LLC in the Mountain State? Hire Northwest.

Your approved Certificate of Authority will be mailed to you. A stamped copy of the Certificate of Authority will be returned to you only if you provide the state with a copy.