How to Start an LLC in West Virginia
Last Updated: By TRUiC Team
It’s easy to form an LLC in West Virginia online yourself. Just follow these steps:
- Name Your LLC
- Choose a Registered Agent
- File the WV Articles of Organization
- Create an LLC Operating Agreement
- Get an EIN
Or, use a professional service:
Northwest Registered Agent ($29 + State Filing Fee)
LegalZoom ($79 + State Filing Fee)
Starting an LLC in WV is Easy
You can form a West Virginia LLC online by filing the Articles of Organization with the Secretary of State. The cost to start an LLC in West Virginia is $100.
Follow our How to Start an LLC in West 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 West Virginia LLC
Before you register your West 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 West 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 West Virginia
- full list of West Virginia naming guidelines
Next, do a West Virginia LLC name search with the Secretary of State to find out if your name is available in West Virginia.
If your business name is available and meets guidelines, you’ll be able to register it when you file your Articles of Organization with the Secretary of State.
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 West Virginia Trade Name (DBA)
A West Virginia DBA (doing business as), also known as a trade name, is any registered name that a business operates under that isn't its legal business name. A trade 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 West Virginia DBA guide.
Step 2: Appoint A West Virginia Agent For Service Of Process
When you file your Articles of Organization, you'll need to list a registered agent, known as an agent for service of process in West Virginia.
A registered agent's job is to accept legal documents like service of process and tax notices for your LLC. To learn more about West Virginia Registered Agents, read our guide.
Your registered agent can be a person or a registered agent service. You can act as your own registered agent, but many business owners choose to use a registered agent service.
Here are a few things to think about before you decide to act as your own registered agent:
- You’ll need to be available during normal (9 am - 5 pm) business hours at the address you provide
- If you run your business from home, you’ll have to make your personal address public
- You could be served with a lawsuit in front of your family or coworkers
Recommended: Northwest Registered Agent offers a free year of registered agent services when you form your LLC ($29 plus state fees).
Step 3: File An Articles of Organization
It’s time to officially form your LLC by filing your Articles of Organization with the West Virginia Secretary of State.
You can file online with the West Virginia One Stop Business Portal or fill out a hard copy of WV Form LLD-1 Articles of Organization 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 the form:
- Entity Name and Type
- Office Address
- Agent of Process Information
- Organizer Information
- LLC Duration and Articles of Organization Effective Date
- Governing Authority Type (LLC Management Structure)
- Member Liability
- Business Purpose
- Veteran-Owned Status
For more detailed help with completing the form, visit our West Virginia Articles of Organization guide.
Mail or Deliver Articles of Organization In Person:
Submit the form and payment (payable to the West Virginia Secretary of State) to one of the following addresses:
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
Submit by Fax: (304) 558-8381
Submit by Email: CorpFilings@wvsos.gov
Credit Card Payments: If filing by mail and paying by credit card, you must include the e-Payment Authorization form, or the application will be rejected.
How long does it take to get a West Virginia LLC approved? LLC processing time is immediate if filing online, up to two weeks by mail.
Step 4: Create A WV LLC Operating Agreement
Creating a West 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 West 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: Get an EIN
An Employer Identification Number (EIN) is like a Social Security number (SSN) for your company. The IRS and the state of West Virginia will use this number to track your business activity.
If you applied for your LLC online, then you've already requested an EIN. If you filed by mail, now is the time to get your EIN.
Note: If you are filing your LLC online, getting an EIN is included in the registration process on the WV One Stop Business Portal.
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 West 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?
We’ve reviewed and ranked the Top 8 LLC formation services.
Steps After Forming an LLC in West Virginia
After forming your West 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 West 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 West 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 West Virginia Business Licenses and Permits
To operate an LLC in West 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 West Virginia guide. To help facilitate this process, you can also utilize a business license service.
File Your West Virginia LLC Annual Report
All West Virginia LLCs must file an annual report with the Secretary of State by July 1 each year. This can only be done online and must be submitted with the $25 filing fee.
Understand West Virginia State Tax Requirements
West Virginia businesses selling physical products typically have to register for a seller’s permit with the West Virginia Tax Division. Visit our West Virginia Sales Tax guide to learn more about seller’s permits and West Virginia sales tax.
Additionally, West Virginia businesses with employees must register for unemployment insurance tax through the WorkForce West Virginia website as well as sign up for employee withholding tax through the West Virginia Tax Division.
Understand Your West Virginia LLC’s Federal Tax Requirements
Most West 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 West 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, West 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
- West Virginia Foreign LLCs: Forming a foreign LLC allows your company to operate as one entity in multiple states. You can file for a West Virginia foreign LLC online.
- West Virginia Certificate of Good Standing: A certificate of good standing verifies that your LLC was legally formed. To order, follow our West Virginia certificate of good standing guide.
- Dissolving a West Virginia LLC: If you are ready to dissolve your LLC, follow the steps in our West 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?
Read our Best LLC Services review to learn more about pricing and packages.
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