How To Set Up An LLC In West Virginia (2024 Guide)

When starting an LLC, it is best to prepare a few things ahead of the filing to ensure everything runs smoothly. The last thing you want is to file and be told that your name is not unique enough or that you haven’t properly designated a registered agent.

Check Name Availability

The West Virginia Secretary of State (SOS) has a business organization search tool for you to check the availability of your business name. If your name is not unique enough, it will be flagged by the SOS when you register it. This name search helps prevent this problem. Make adjustments to your business name based on the search results, ensuring your business name is distinguishable from other business names registered with the state. An LLC name must include “limited liability company,” “limited company” or an acceptable abbreviation such as “LLC” or “L.C.”

Once you have the name, you can reserve it for 120 days with a $15 fee by completing the Application for Name Reservation. It can be useful to reserve a name if you don’t plan to file your LLC documents right away.

Hire a Registered Agent

West Virginia LLCs can designate a registered agent to accept lawsuits and other legal documents served on the company. The registered agent may be a West Virginia resident or a corporation or LLC authorized to transact business in West Virginia. This person would be responsible for getting the documents to the correct members of the LLC.

If you don’t designate a registered agent, the Secretary of State will act as your agent and will forward any legal documents to your company’s address on record. Legal documents have deadlines for responding. Designating an agent helps ensure you’ll receive a notice as quickly as possible.

The registered agent can be a member of your company, or you can hire a registered agent. It costs approximately $50 to $300 each year to hire a registered agent.

Register Your Domain

A website is almost a necessity for a business in today’s market. You’ll want to make sure that your business name or catchphrase is available as a domain name. Do this by conducting a search on a domain registrar’s website. When you find a domain that works for your company, purchase it. You’ll own it for a year before it needs to be renewed (some companies offer longer terms). Costs range from $0.99 to $49.99 per year for common domain names. Premium names are more expensive.

To register the LLC, you’ll file Articles of Organization with the Secretary of State. The cost is $100 (waived for veteran-owned LLCs), and it takes five to ten business days to process the request. You can expedite the filing with the following additional fees:

• 24 hours: $25
• Two hours: $250
• One hour: $500

Forms can be completed through the online portal, or you can file a paper form.

Once you have established the LLC, you’ll want to get a business license and employer identification number (EIN) as required by law. You’ll also want to create an operating agreement to help govern the business per member desires.

Get a Business License

Contact the West Virginia State Tax Department to obtain a Business Registration Certificate, also known as a Business License. Complete the West Virginia New Business Registration Application and pay the $30 fee to get the license. Mail the application and fee to:

West Virginia State Tax Department
Tax Account Administration Division
Registration & Account Correction Unit
P.O. Box 2666
Charleston, WV 25330-2666

You can also complete the application online.

Create an Operating Agreement

An operating agreement outlines how the LLC will be managed and describes each member’s contribution and duties. It includes such things as division of profits, voting rights and how new members will be admitted. The operating agreement is not required by law but can be used as a legal basis when misunderstandings and disagreements arise.

Get an Employer Identification Number (EIN)

The IRS requires most LLCs to have a tax identification number (TIN) for the company. You’ll use this number to get a bank account and appropriately file tax documents. Single-member LLCs with no employees may be able to use a Social Security number instead, but many choose to get an EIN anyway for enhanced privacy and to allow for business growth. You’ll apply for an EIN with the Internal Revenue Service (IRS). It is free to apply for an EIN online.

Annual LLC Filings

File the annual report between January 1 and July 1 of each year. This can be done online via the One Stop Business Portal. It costs $25 to file the annual report, which reaffirms the registered agents, members’ names and business address on record with the state. A $50 late fee is assessed if you miss the deadline to file the annual report.

Sometimes you’ll find a mistake on your filed forms. This might include a spelling error or address mistake. To rectify the mistake, complete and file Articles of Correction. This form will cost $25 and can take up to ten business days to process.

If your company is no longer conducting business, you may want to dissolve it. To do so, you’ll file a termination with the Secretary of State and pay a $25 fee. You’re also required to make an administrative filing with the state tax department.