It’s easy to form an LLC in Virginia online yourself. Just follow these steps:
- Name Your LLC
- Choose a Registered Agent
- File the VA Articles of Organization
- Create an LLC Operating Agreement
- Get an EIN
Or, use a professional service:
Northwest ($29 + State Fees)
LegalZoom ($249 + State Fees)
Starting a Virginia LLC is Easy
You can start a Virginia LLC online by registering the Articles of Organization with the State Corporation Commission. The cost for Virginia LLC registration is $100.
Follow our How to Start an LLC in Virginia guide below to get started.
To learn how to form an LLC in any state, visit our How to Start an LLC guide.
Step 1: Create A Name For Your LLC in Virginia
Before you register your Virginia LLC, you'll need to come up with a name. Your business name needs to be catchy for branding purposes and legitimate for legal purposes.
We go into depth on this topic in our LLC naming guide. We’ll go over the basics below.
Naming Your LLC
First, brainstorm some possibilities. Use our LLC name generator to get the ideas flowing.
Next, make sure your name meets Virginia guidelines:
- it contains the words limited liability company, limited company, LLC or L.L.C.
- it doesn't contain restricted words or phrases (these often include words like bank, attorney, and university) without approval
- it's distinguishable from any other entity or trade name registered in Virginia
- full list of Virginia naming rules
Next, do a Virginia LLC name search with the State Corporation Commission to find out if your name is available in Virginia.
If your business name is available and meets guidelines, you’ll be able to register it when you file your Virginia Articles of Organization with the State Corporation Commission.
Is the URL available? Before you commit 100% to a name, check to see if there’s a good web domain available.
We recommend buying your domain right away because even if launching a business website isn’t on your radar right now, it will be soon.
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Once you register a domain name for your LLC, consider setting up a business phone system to establish credibility and enhance your customer service. Nextiva provides a plethora of useful features and a quick, easy setup. Try Nextiva.
Using a Virginia Fictitious Name or Assumed Name (DBA)
A Virginia DBA (doing business as), also known as a fictitious name or assumed name, is any registered name that a business operates under that isn't its legal business name. A fictitious name or assumed name can be used by any type of business, including a sole proprietorship, partnership, or limited liability company (LLC).
Learn how to get a DBA in our Virginia DBA guide.
Step 2: Appoint A Virginia LLC Registered Agent
When you file your Articles of Organization, you will be asked to appoint a Virginia registered agent.
A registered agent's job is to accept legal documents like service of process and tax notices for your LLC. To learn more about Virginia Registered Agents, read our guide.
Virginia does give you the option to act as your own registered agent, but many business owners choose to appoint a professional instead. Here are a few things to think about before you decide to act as your own:
- You’ll have to maintain normal (9 am - 5 pm) business hours at the address you provide.
- If you run your business from home, you’ll be required to make your personal address public.
- You must keep up on important notices, dates, and deadlines.
- You could be served in front of your family or coworkers.
Recommended: Northwest offers a free year of registered agent services when you form your Virginia LLC ($29 plus state fees) with them.
Step 3: File Your Virginia LLC Articles of Organization
It’s time to officially form your LLC by filing your Articles of Organization with the State Corporation Commission.
You can file online with the State Corporation Commission or fill out a hard copy of Virginia Form LLC1011 and mail it in. The filing fee is $100.
Recommended: Now is a good time to decide if your LLC will be member-managed vs manager-managed.
You'll need to know the following information to complete each Article:
- Entity Name
- Registered Agent Name
- Registered Office Address
- Principal Office Address
For more detailed help with completing the form, visit our Virginia Articles of Organization guide.
Mail Your Articles of Organization:
Send the form and payment (payable to the State Corporation Commission) to:
State Corporation Commission
Clerk's Office
P.O. Box 1197
Richmond, VA 23218-1197
How long does it take to get a Virginia LLC approved? LLC processing time is one week by mail or immediately online (following payment).
Step 4: Create a Virginia LLC Operating Agreement
Creating a Virginia LLC operating agreement is the only way to legally lock down your LLC’s management and ownership structure. Having an operating agreement in place will give you something to return to if a dispute or lawsuit arises.
Even single-member LLCs benefit from having an operating agreement.
Your operating agreement should outline the following:
- Each member’s responsibilities
- How new members will be admitted
- How existing members may transfer or terminate their membership
- How profits and dividends will be distributed
You can add as many provisions as you want, as long as they don't conflict with Virginia business law. Take a look at our What is an Operating Agreement guide to learn more.
Download a template or create a custom Free Operating Agreement using our tool.
Step 5: Obtain An EIN (Employer Identification Number) For Your LLC
An Employer Identification Number (EIN) is like a Social Security number (SSN) for your company. The IRS and the state of Virginia will use this number to track your business activity.
Your EIN will come in handy when it’s time to:
- Open a business bank account
- File Federal and State taxes
- Hire employees
The best way to get an EIN for your LLC in Virginia is by using the free online application on the IRS website.
Read our Get an EIN guide for instructions.
Need Help Forming an LLC?
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Steps After Forming an LLC in Virginia
After forming your Virginia LLC, it's important to:
Open A Business Bank Account
A business bank account helps separate personal expenses and company expenses, which is required to maintain your Virginia LLC's corporate veil. A corporate veil protects your personal assets from creditors in potential lawsuits against your LLC or Business.
Learn more by reading this guide to Banking for Entrepreneurs. For a multi-member LLC, you'll also want to set up capital accounts for LLC members. We also recommend checking out our review of the best business bank accounts.
Get A Business Credit Card
A business credit card will help separate personal and business expenses while building your company's credit history. A strong credit history will be useful for raising capital in the form of venture capital, angel investment, or small business loans.
Set Up Business Accounting
Hiring a business accountant is one of the best ways to ensure you’re taking advantage of LLC tax benefits; possibly saving you and your business thousands of dollars per year.
When forming an LLC in Virginia, it’s a good idea to start a relationship with a business accountant as soon as you start your business to help set your company up for success.
Get Business Insurance
Business insurance helps manage risk. The most common forms of business insurance are general liability, professional liability, and workers’ compensation.
Find out the real cost of getting insurance for your business. Get a free quote or call 855-965-3168.
Keep Your Company Compliant
Research Virginia Business Licenses and Permits
To operate an LLC in Virginia, you will need to comply with federal, state, and local government regulations such as health permits, building permits, and signage permits.
Business licensing and permit requirements vary from state to state. To get started, visit our How to Get a Business License in Virginia guide. To help facilitate this process, you can also utilize a business license service.
Pay the Virginia LLC Annual Registration Fee
Virginia LLCs don’t have to fill out an annual report, but they do have to pay an annual registration fee to the State Corporation Commission each year. The fee is $50 and can be paid online using the SCC’s Clerk’s Information System.
Understand Virginia State Tax Requirements
If your Virginia business sells physical products, you will likely have to register for a seller’s permit with the Virginia State Tax Department. Visit our Virginia Sales Tax guide to learn more about seller’s permits and Virginia sales tax.
Additionally, if you have employees in Virginia, you will need to register for both unemployment insurance tax and employee withholding tax through the Virginia Tax portal.
Understand Your Virginia LLC’s Federal Tax Requirements
Most Virginia LLCs will need to report their income to the Internal Revenue Service (IRS) each year using Form 1065: Partnership Return (multi-member LLCs) or Form 1040 - Schedule C (single-member LLCs).
How you pay yourself will affect your federal taxes. Visit our guide to learn more about how to pay yourself from your LLC.
Know Your Virginia LLC’s Federal Tax Election Options
Pass-through taxation entails a business’s profits passing through to the LLC member’s individual tax returns. Like a sole proprietorship, an LLC is taxed as a pass-through entity, also known as a disregarded entity.
Once this process is completed and after any tax-deductible expenses are taken out, the LLC members pay self-employment taxes and income tax on their portion of the business income.
Alternatively, Virginia LLCs can choose to elect to be taxed as an S corporation (S corp) or C corporation (C corp). If S corporation tax status is elected, LLC members can be taxed as employees of the business, potentially reducing tax burden.
More LLC Resources
- Virginia Foreign LLCs: Forming a foreign LLC allows your company to operate as one entity in multiple states. Download the Virginia foreign LLC form to get started.
- Virginia Certificate of Good Standing: A certificate of good standing verifies that your LLC was legally formed. To order, follow our Virginia certificate of good standing guide.
- Dissolving a Virginia LLC: If you are ready to dissolve your LLC, follow the steps in our Virginia LLC Dissolution Guide.
- LLC Legal Forms: TRUiC offers a number of free LLC legal forms including operating agreements, LLC resolutions, and hiring documents.
Need Help Forming an LLC?
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