How to Start a Nonprofit in West Virginia

Two people forming a nonprofit in West Virginia

In this guide, you’ll find everything you need to know about how to start your West Virginia nonprofit, including information on how to name your nonprofit organization, file articles of incorporation and how to apply for 501(c)(3) tax exempt status with the Internal Revenue Service (IRS).

Follow these 11 easy steps below to start a nonprofit yourself:

Step 1: Name Your West Virginia Nonprofit
Step 2: Appoint a West Virginia Registered Agent
Step 3: Select Your Board Members and Officers
Step 4: West Virginia Articles of Incorporation
Step 5: Draft Bylaws and Conflict of Interest Policy
Step 6: Conduct an Organizational Meeting
Step 7: Get an EIN
Step 8: Register for West Virginia Tax Accounts
Step 9: Applying for Exemption from Federal (501(c)(3) status) and State taxes
Step 10: Open a Nonprofit Bank Account
Step 11: Get Insurance for your Nonprofit

Or, simply use a professional formation service:

four point eight out of five stars Northwest ($39 + state fee)

Starting a nonprofit organization in West Virginia is easy

To start a West Virginia 501(c)(3) nonprofit organization, you'll need to first register a nonprofit corporation with the state of West Virginia, and then apply for tax exempt status under section 501(c)(3) with the Internal Revenue Service.

You can learn more about nonprofits and 501(c)(3) in our What is a nonprofit? and What is a 501(c)(3)? guides. 

Want to form a nonprofit elsewhere? Read our other How to Start a Nonprofit guides. Also check out our best nonprofit formation services review.

Step 1: Name Your West Virginia Nonprofit

The name you select for your nonprofit will establish its brand. It is the first thing most people will learn about your organization. It is important to pick a name that both aligns with your mission and follows the rules for naming in your state.

West Virginia Nonprofit Naming Guidelines

The name that you pick for your organization must:

  • Include an organizational designation, such as “Inc.”, “Ltd.”, “Incorporated”, or “Company”
  • Not imply the corporation was formed for any other purpose than what is stated in the Articles of Incorporation.
  • Be distinguishable from other businesses operating in the state of West Virginia.

You can read the West Virginia Legislature's official guidelines for the complete rules on naming a West Virginia-based organization.

To learn more, read our How to Name a West Virginia Nonprofit guide.

Not sure what to name your business? Check out our Business Name Generator

Is the URL available? 

We recommend that you check online to see if your business name is available as a web domain. Even if you don't plan to create a business website today, you may want to buy the URL in order to prevent others from acquiring it.

Find a Domain Now

Now that you have verified your name and secured the URL you may select a professional service to complete the nonprofit formation process for you. 

We recommend:

four point eight out of five stars Northwest ($39 + state fee)

Step 2: Appoint a West Virginia Registered Agent

A nonprofit corporation in West Virginia is required to have a registered agent with a West Virginia address.

What is a Registered Agent? A registered agent is an individual or business entity responsible for receiving important legal documents on behalf of your business. Think of your registered agent as your business' point of contact with the state.

Learn more about registered agents

Northwest provides the first year of registered agent service free with nonprofit formation ($39 + State Fees)

To learn more, read our How To Pick a West Virginia Registered Agent guide.

Step 3: Select Your Board Members and Officers

The directors of a nonprofit are responsible for overseeing the operations of the organization. The directors come together to form a board.

The officers of a nonprofit (such as the president or the secretary) are individuals with responsibilities, and the authority to execute based on their job descriptions.

Together, the officers and the board will come together to make up the organizational structure of your nonprofit.

To be eligible for 501(c)(3) status, the organization structure of your West Virginia nonprofit corporation MUST include:

  • At least 3 directors not related to each other
  • A president
  • A secretary

To learn more, read our guide on How to Select Board Members for Your West Virginia Nonprofit

Step 4: West Virginia Articles of Incorporation

To become a nonprofit corporation in West Virginia you must file Form CD-1NP, the Articles of Incorporation for nonprofit corporations (with IRS attachment).

In order to qualify for 501(c)(3) status, the organization’s purpose must explicitly be limited to one or more of the following:

  • Charitable
  • Religious
  • Scientific
  • Literary
  • Testing for public safety
  • Fostering national/international amateur sports competition
  • Preventing cruelty to animals/children

The filing fee is $25.

  • Personal checks or money orders must be made payable to the "West Virginia Secretary of State"
  • Mailed forms can be paid by credit card by completing the Credit Card Authorization sheet
  • Accepted credit cards include American Express, Discover, MasterCard, and Visa
  • Prepaid accounts must attach a prepaid slip

All submissions must include the Customer Order Request form that is attached to Form CD-1NP.

To learn more, read our West Virginia Articles of Incorporation guide.

Step 5: Draft Bylaws and Conflict of Interest Policy

There are two documents that will be central to the running of your nonprofit:

Bylaws: These are the rules that determine how your organization will be governed and run.

Conflict of Interest Policy: These are the rules set to ensure that decisions being made for the nonprofit are based on what is best for the organization, and not being motivated by what is best for individuals.

Learn more about how to write bylaws for your nonprofit

Step 6: Conduct an Organizational Meeting

An organizational meeting is the first official meeting of your nonprofit! Some of the things that are discussed in a typical organizational meeting:

  • Taking attendance to show you have a quorum (minimum number needed)
  • Appointing temporary officers, chairmen, secretaries, etc.
  • Adoption of the bylaws
  • Adoption of conflict of interest policy

Don’t forget to record “minutes” of the meeting and have it signed by all attending directors. Here are some corporate minutes templates to help you get the ball rolling.

Step 7: Get an EIN

An EIN or Employment Identification Number (also called a Federal Tax Identification Number or Federal Employment Identification Number), is used to uniquely identify a business entity. You can think of the EIN as a social security number for your nonprofit.

The EIN is required for your organization whether or not it will have any employees.

To learn more, read our guide on how to get your EIN.

Step 8: Register for West Virginia Tax Accounts

Once your organization has obtained its EIN, you should file with the West Virginia State Tax Department for your state-level tax accounts (business registration).

West Virginia provides new businesses with a consolidated tax application form that can be completed online or submitted via mail. Mail paper forms to the address found below:

West Virginia State Tax Department
P.O. Box 11425
Charleston, WV 25339-1425

For more information, you can call the State Tax Department at (304) 558-3333 or visit them at their website.

Step 9: Applying for Exemption from Federal (501(c)(3) status) and State Taxes

Applying for Exemption from Federal Taxes:

A nonprofit may be eligible for 501(c)(3) status only if its purpose is limited to one or more of the following:

Charitable, Religious, Scientific, Educational, Literary, Fostering national/international amateur sports competition, Preventing cruelty to animals/children, Testing for public safety

Before a nonprofit can apply for 501(c)(3) status it must:

  1. Elect at least 3 directors not related to each other
  2. Register as a nonprofit with the state
  3. Adopt the bylaws and conflict of interest policy
  4. Have an EIN number

Once these four conditions have been met your nonprofit can apply for 501(c)(3) tax-exempt status by filing Form-1023 online.

If your application is approved, the IRS will send you a determination letter stating that your organization is exempt from federal taxes under section 501(c)(3).

To learn more, read our guide on How to File Form 1023-EZ.

 

Applying for Exemption from State Taxes:

Once you have received your 501(c)(3) determination letter from the IRS, your organization will automatically be exempt from state income and franchise taxes.

NOTE: Although your organization is exempt from paying corporate income and franchise taxes, it still must file a yearly tax return by using form CNF-120.

If eligible, nonprofits in the state of West Virginia can also acquire a Certificate of Exemption applicable to sales and use taxes.

Mail the application to the address below:

West Virginia State Tax Department
P.O. Box 11425
Charleston, WV 25339-1425

For more information, you can call the State Tax Department at (304) 558-3333 or visit them at their website.

Once you have formed your West Virginia nonprofit, we recommend you read our guide on How To Protect your West Virginia Nonprofit and Keep It Compliant.

Step 10: Open a Nonprofit Bank Account

After you acquire an EIN and a federal tax exemption for your nonprofit, you can open a 501(c)(3) bank account to begin soliciting donations or paying vendors and employees of the organization.

Opening a bank account for your nonprofit is the first step towards creating a paper trail of all income and expenses to show the IRS that your nonprofit is legitimate, honest, and legal.

There are several rules and exceptions that differentiate a 501(c)(3) bank account from a traditional business account. To find the best bank for your organization's financial needs read our review of the best banks for small business.

Step 11: Get Insurance for your Nonprofit

A nonprofit has assets and can be the subject of legal action or suffer financial damages from accidents, just like a regular business.

We recommend Commercial Insurance to protect your organization from lawsuits and damages.

Find out the real cost of getting insurance for your nonprofit. Get a free quote or call 855-602-1925.