LLCs are a popular choice for business owners in West Virginia for a number of reasons. LLCs offer personal liability protection, flexible management structures, and tax advantages. If you’re thinking about starting an LLC in West Virginia, this guide will provide you with all the information you need to get started.
We’ll cover LLC formation requirements, LLC registration procedures, and more. So whether you’re just getting started with your LLC or you’re ready to take the next step, this guide will provide you with the resources you need to get started.
Before we dive in, here’s a really good explanation video on starting an LLC in West Virginia for those who prefer a video guide.
Benefits of starting an LLC in West Virginia
There are many benefits to starting your LLC in West Virginia. As expert start-up guides will advise you, it has the advantage of limited liability protection for its members. It’s more compact than a Corporation or S Corporation.
Limited Liability Protection
One of the most significant benefits of starting your West Virginia business as an LLC is that it offers limited liability protection, which means that if a lawsuit arises from a customer or client for something you did while operating your business – it won’t follow you home. Rather than the people who own it, the business itself is liable for paying out any damages.
Your personal assets, such as your car or house, are separated from your West Virginia business assets and aren’t at risk of being taken away if someone sues your business for something you did wrong. Many entrepreneurs start their businesses as LLCs because of this benefit.
An LLC in West Virginia has the choice of being taxed as a Sole Proprietorship, Partnership, or Corporation. It’s a good deal for start-ups since they don’t have to worry about finding an accountant or anything like that just yet.
Note: Single-Member LLCs are treated as Sole Proprietorships by default.
Minutes of meetings not required
Lastly, one of the benefits of starting your LLC in West Virginia is that no minutes are required for meetings. People don’t have to travel for monthly meetings or anything like that. They need to follow the operating agreement, which doesn’t take too many hours out of the day.
West Virginia LLC Rules & Requirements
This is a quick summary of the most important rules and requirements that this article will go through in-depth.
To apply for permission to form an LLC in West Virginia, the company must have a in West Virginia. Your LLC’s name must include “Limited Liability Company,” or their abbreviation, “LLC.” It can’t be something that resembles another already existing business. Ensure you as a business owner keep accurate records and reports of your business transactions.
Best West Virginia LLC Formation Services
If you’re thinking about starting your LLC in West Virginia, it’s a good idea to use a professional service that can handle the process for you. These services will ensure you get all the necessary paperwork filed correctly and timely so that you don’t have to worry about anything going wrong with your business registration.
Finding the Best LLC Formation Services in West Virginia
Choosing the best LLC formation services in West Virginia is an essential first step for anyone looking to start their own. Here are some of the most critical factors you’ll want to consider:
- Customer service/communication
- Integration with accounting software (if necessary)
These factors will help you narrow down your list of potential providers to find the one that provides you with the professional service you need at an affordable price. We have reviewed some of West Virginia’s best LLC formation services here: Best LLC Formation Services.
As mentioned above, it’s usually recommended that if you’re unfamiliar with this kind of thing, then you should consider allowing LLC formation service providers to help you start your own business here in West Virginia. These services will ensure that you comply with state law and all the rules and requirements. If anything goes wrong, they’ll have your back so that you don’t have to worry about it.
However, if you’re looking to do it on your own, then you can continue reading our guide on how to start an LLC in the state of West Virginia.
The following is a step-by-step guide of what you can expect when forming an LLC in West Virginia:
5 Steps to Starting an LLC in West Virginia
- Name your West Virginia LLC
- Choose your West Virginia Registered Agent
- File your West Virginia LLC Articles of Organization
- Create your West Virginia LLC Operating Agreement
- Get an EIN for your West Virginia LLC
Step 1: Name your West Virginia LLC
Choosing your name can be one of the most challenging parts of starting your West Virginia LLC. You’ll have to choose a name that’s not already in use by another West Virginia LLC or restricted by the state.
The rules for naming your West Virginia limited liability company are as follows:
- Your name cannot mislead people into thinking the West Virginia LLC was set up by the government or is a federal government agency.
- The name can’t be too similar to another West Virginia company’s
- Your name has to end with an LLC designator (LLC, LTD., etc.)
- You may need to fill out additional paperwork if you want to use certain words in your West Virginia LLC name, including bank, trust, trustee, incorporated, Inc., and corporation.
- If you want to see if a specific LLC name is available, you can run a business name search on the Business Entity Search page of the West Virginia state website.
After choosing the perfect name for your new West Virginia business, you can also secure a good domain name. A domain name is also helpful if you want a business email address @yourllc.com.We recommend using Namecheap to register your domain. They have great prices, fast service, and an easy-to-use website.
Step 2: Choose your West Virginia Registered Agent
Before you form your LLC in West Virginia, you’ll need to appoint a registered agent with a physical street address in the state of West Virginia. This person or entity would be responsible for receiving essential documents on your behalf if anything happened that would require that sort of thing (lawsuits, etc.). You can name yourself as your West Virginia registered agent, but that isn’t advisable because you would not be able to claim any anonymity.
What is a Registered Agent?
A West Virginia registered agent is an individual or business entity that agrees to accept the service of process on behalf of a Limited Liability Company.
When you create a Limited Liability Company in West Virginia, the State of West Virginia requires that this registered agent be appointed for your LLC to become effective. The West Virginia Secretary of State’s Office will not file your Articles of Organization unless you designate a registered agent on your application form.
Who can be a Registered Agent in West Virginia?
For a registered agent, you can select a person or an organization. The individual can be a West Virginia resident, a West Virginia corporation, or a non-West Virginia corporation with a business presence in West Virginia.
You can also use a West Virginia registered agent service to appoint a registered agent and obtain a business address. Services such as Zenbusiness and Northwest Registered Agent offer this service as a feature of some of their packages when you register a West Virginia company with them.
What does a Registered Agent in West Virginia do?
A registered agent in West Virginia is available during normal business hours to accept important documents and notices on behalf of your LLC. These can be official court papers such as lawsuits or service of process documents that will require the registered agent’s signature.
A registered agent is not responsible for the management of your West Virginia LLC, nor are they required to do anything with the documents once they are received at their business address except for filing them under West Virginia law.
Step 3: File your West Virginia LLC Articles of Organization
You’ve chosen your West Virginia name and appointed a registered agent, and now it’s time to create your LLC and become a recognized legal entity.
Before filing, you will need to decide between a member-managed and manager-managed LLC. The members run a member-managed LLC, while a designated manager runs a manager-managed LLC.
To start an LLC in West Virginia, you’ll need to file your Articles of Organization with the West Virginia Secretary of State, which can be done online. The online filing fee is $100, and a person must file this with authority to do so on behalf of the West Virginia LLC.
File your West Virginia LLC Articles of Organization Online
You’ll need the following documents to submit your papers:
- The official name of your West Virginia LLC
- A brief description of the purpose of your West Virginia LLC
- Your West Virginia LLC’s street address
- Your West Virginia registered agent’s name and address
- The signature of your registered agent
- Your LLC’s authorized person’s signature
- Your return address
You can submit your Articles of Organization through West Virginia’s online business filing system.
File your West Virginia LLC Articles of Organization by Mail
If you choose not to file online, you can also mail your Articles of Organization to the Secretary of State. The filing fee is $100 and a person must sign the formation documents with authority to do so on behalf of your West Virginia LLC. You’ll need the download the filing form and mail it.
One-Stop Business Center
1615 Washington St. E.
Charleston, WV 25311
North Central WV Business Center
200 W. Main St.
Clarksburg, WV 26301
Eastern Panhandle Business Center
229 E. Martin St.
Martinsburg, WV 25401
Step 4: Create your West Virginia LLC Operating Agreement
After filing your West Virginia LLC Articles of Organization, you will want to create an Operating Agreement.
An operating agreement is an internal document that sets out the internal rules of your West Virginia LLC. These rules address issues such as how LLC owners will spend the money, whether voting takes place within your business, what happens if someone wants to sell their interest in the company etc.
West Virginia does not require an LLC to have an operating agreement, but it is recommended that you create one. An operating agreement ensures that all members know and understand their roles within the company. If they ever need to take legal action, they will show a court of law that the company functions as more than just an unincorporated association.
This operating agreement should be thorough but concise, outlining everything you want to include regarding the membership responsibilities of your West Virginia LLC, so there are no misunderstandings down the line.
The operating agreement will also be necessary when you open a business bank account in West Virginia.
Step 5: Get an EIN for your West Virginia LLC
An EIN, or Employer Identification Number, is a unique number that the IRS issues to businesses for tax purposes. An EIN is like your business’s social security number. You can use it to file state or federal-level tax returns and financial statements with different government agencies or open a business bank account.
An EIN is required for several reasons. First, as mentioned above, it is needed to open a business bank account for your West Virginia LLC. You will also need an EIN to hire employees, as it is used on employment tax forms. Finally, an EIN is often required when filing your business taxes.
After you receive your EIN, you will be informed of your West Virginia LLC’s various tax classification options.
Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999
Applying for an EIN for your business is free of charge.
West Virginia LLC Processing Time
Online filings take 5-10 business days for the state of West Virginia to process your Articles of Organization and approve your LLC.
If you choose to file by mail, the processing time is approximately 5-10 business days.
West Virginia LLC Frequently Asked Questions
How much does it cost to start an LLC in West Virginia?
The online filing fee is $100, and the mail filing fee is $100 in West Virginia.
How do I set up an LLC in West Virginia?
Step 1: Choose a name for your West Virginia LLC
Step 2: Choose a West Virginia Registered Agent
Step 3: File the Articles of Organization
Step 4: Create an Operating Agreement
Step 5: Get an EIN
Is there an annual fee for LLC in West Virginia?
The annual filing fee is $25 in the state of West Virginia.
How long does it take to start an LLC in West Virginia?
It takes 5-10 business days to start an LLC in West Virginia when filing by mail and 5-10 business days when filing online.