West Virginia LLC – How to Form an LLC in WV (2022)

How to Start an LLC in West Virginia: If you’re interested in setting up a West Virginia LLC, you’ve come to the right place. Having an LLC not only protects your personal assets but also is less complicated than other business structures. West Virginia laws make it easy to establish your LLC in West Virginia. On this page, You’ll find all the steps that must be taken to ensure that your West Virginia LLC has been correctly established. We recommend you read the whole article very carefully word by word, don’t miss anything 🙂

How to Start an LLC in West Virginia

An LLC or a Limited Liability Company is a hybrid business entity combining a corporation’s characteristics with a partnership or sole proprietorship. It separates your personal assets from your business assets, thus giving you personal asset protection.

If you wish to start an LLC in West Virginia, mainly you have to file your Certificate of Formation with the State and pay a filing fee of $100. There are some more steps to follow to get your LLC established in West Virginia. The following steps explain everything you need to create your LLC in West Virginia in 2022. Let’s get started!

Step 1: Decide a Name for Your West Virginia LLC

The very first step while forming an LLC in West Virginia is to give a proper name to your LLC. Before you name your business, you must know that the name should be easy to remember, available in the state, and follows all the LLC naming guidelines.

West Virginia LLC Naming Guidelines

There are a few specific requirements all the LLCs in West Virginia have to follow while naming their Company. Some of the most important requirements are as follows:

• Your business name should be available and no other existing business in West Virginia can have the same name. Perform a name search from the below-mentioned source to be sure your name isn’t taken already.
• “Limited Liability Company”, “LLC”, and “L.L.C.” – any one of these has to be used as a suffix in your business name.
• You cannot use any name for your business that is confusing or misleading. Terms such as “Treasury”, “State Department”, “FBI”, “CIA”, etc. shouldn’t be included.
• Terms like “Bank“, “University“, “Attorney“, “Doctor“, etc can be added only after the additional requirements by West Virginia State Government are fulfilled.
• (Optional) It’s better to name your business something for which your desired domain is available.

Important Links –	Submit Offline Form to –
West Virginia Business Entity Search – Online Name Search Name Reservation Form – PDF Name Availability Standards – Guidelines West Virginia LLC Name Search – Instructions	Office of Secretary of State, One-Stop Business Center 1615 Washington Street East Charleston, West Virginia 25311

Reserve Business Name for Future

If you do not wish to file your LLC right now but want to hold the name you have decided then you can reserve your LLC name for 120 days. To keep the name, you have to file a name reservation application and pay $15 to reserve your name with the West Virginia Secretary of State.

Doing Business As (DBA) or Trade Name

Once you have a legal name for your LLC, you can register it. However, it is not mandatory. You can, instead, use DBA, Fictitious Name, or Trade Name. In that case, you must register your name with the West Virginia Secretary of State by submitting an Application to Register Trade Name in West Virginia along with the filing fee of $25.

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Step 2: Assign a Registered Agent in West Virginia

The second step to forming a West Virginia LLC is to appoint a Registered Agent. A registered agent is a person or business entity that will act or work on your LLC’s behalf. This person or business will receive important tax forms, legal documents, all notices of lawsuits, and other official government correspondence in West Virginia. Hence, hiring a competent West Virginia Registered Agent for your LLC is necessary. 

Make sure your registered agent is a resident of West Virginia or has a physical street address. Their business address or the principal address should be in West Virginia. Most LLC formation companies also provide registered agent services. Below are two great LLC setup services, even if you buy their cheapest plan (normally $49/year) you also get registered agent service and other services at a reasonable price.

These LLC formation services are recommended registered agent services as they are authorized to conduct business in West Virginia. Some LLC formation services offer standalone West Virginia registered agent services. You can purchase only Registered Agent services from them without purchasing any other LLC formation services.

Registered Agent Consent Application

In West Virginia, there is no separate Consent Letter to be produced to the Secretary of State. At the time of change of Registered Agent (or the name or address), the new Registered Agent has to sign the consent letter. It comes with the Application form to Change the Registered Agent. The filing fee of $15 should be paid for it. For more information on the same, read our guide on West Virginia Registered Agent.

Step 3: File Articles of Organization in West Virginia

The third and most important step in forming a West Virginia LLC is to file the Certificate of Formation. This West Virginia Articles of Organization is a legal document needed to officially register your business with the Secretary of State. It costs $100 (by mail and online) to file your formation certificate in West Virginia. (Read more on LLC cost in West Virginia).

The Certificate of Formation includes details like the name of the LLC, registered agent’s name, address, employees’ details, and structure of the company (member-managed or manager-managed). Before hiring employees in West Virginia LLC, one should know about the rules and regulations thoroughly. Also if you are expanding your existing business (an LLC) to West Virginia then you need to register as a West Virinia Foreign LLC.

Processing Time: It takes no time to get a West Virginia LLC if you file it online. For the mail filing, it takes up to 14 business days to get an LLC. By paying an additional fee, it can be expedited.

Step 4: Create Your West Virginia LLC Operating Agreement

Moving on to the fourth step, filing your operating agreement. An operating agreement is a document that legally outlines the proprietorship and operating procedures of your LLC. This document is vital as it ensures that all business owners are on the same page regarding how they operate, thus reducing future conflicts.

When it comes to filing a West Virginia LLC Operating Agreement, the state does not require you to have a comprehensive operating agreement, but it is ideal to have one that contains all the details of your business operation. Like Alaba, there are other states that do not have a mandatory rule to file operating agreements. But, this document would be useful if you decide to dissolve West Virginia LLC later. Hence, having an operating agreement may not be necessary but it is definitely ideal.

Step 5: Filing a West Virginia LLC EIN

The Employer Identification Number or, simply, the E.I.N. is a nine-digit number given by the Internal Revenue Service (IRS) to make it easier to identify the type of business for tax purposes and taxes in general. The EIN is necessary for any active business or any form of business for that matter. 

EIN is needed when the LLC hires employees. Hiring employees in West Virginia LLC requires following specific rules and regulations. On the other side, EIN for West Virginia foreign LLC should be obtained if your LLC is based in other states.

To obtain EIN (aka FEIN) one has to fill up a form (Online or by mail) and submit it to the IRS. Enter details of your LLC, and finally complete the form and send it to the address given. You can also get an EIN Assistant who can help you with the process.

Mail to: Internal Revenue Service, Attn: EIN Operation, Cincinnati, OH 45999

Fax: (855) 641-6935 | Fee: Free

Note: You don’t need a Social Security number when getting an EIN. You can proceed to fill out I.R.S. Form SS-4 and leave section 7b blank. You must then call the IRS at (267) 941-1099 to complete your application. Agents or employees will help you with that.

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Congratulation, you are now done with all the necessary steps to form your West Virginia LLC. If you do it yourself it should take you a long time to properly understand and do all the steps.

However, if you use TailorBrands it should take fewer hours and you always have live chat with expert support for any help you need.

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After Starting Your West Virginia LLC

After forming your LLC, there are still some things that you will need. Take note of the following:

• Get a company business bank account
• File West Virginia business permits & licenses
• Get general liability insurance and professional liability insurance with coverage for employees
• File a West Virginia LLC annual report or biennial report

This page has provided you with steps to LLC formation and filing processes. You now have to remember upcoming filing deadlines and filing fees or filing costs, including fees for late filings to make sure your LLC is up-to-date.

Cost of West Virginia LLC

Forming an LLC in West Virginia is no doubt more cost-effective than other structures of a business. There are some fees and charges one has to bear to form a West Virginia LLC. LLCs have pass-through taxation. Hence, your West Virginia LLC won’t bring you a massive tax burden. Here are some of the fees and taxes are needed to be paid while forming an LLC in West Virginia,

Fees/Tax	Amount to be Paid
Name Reservation Fee	$15
Articles of Organization Fee	$100 (Online & by mail)
LLC Annual Fee	$25
Sales Tax	6%

In West Virginia, an LLC name reservation is not mandatory. You can register your LLC name at the time of registering your LLC. If you wish to hold the name for some time without registering your LLC, then you can do that online. Your LLC name will be reserved for 120 days without registering your LLC. It can be done by paying $15.

In West Virginia, an Annual Report has to be produced every year. It costs $25. Also, the State of West Virginia requires LLCs to pay a Sales Tax of 6% every year. Read our guide on LLC costs in West Virginia for more information.

West Virginia Foreign LLC

If you are interested in forming a Foreign LLC in West Virginia then you need to file the Certificate of Foreign LLC to the West Virginia Secretary of State. Foreign LLCs allow you to operate your business in more than one state. Along with the Certificate of Foreign LLC, you need to submit some more documents like the Certificate of Good Standing, etc. to the West Virginia SOS to form your foreign LLC in West Virginia. To know more in detail, check out our guide on West Virginia Foreign LLC.

Reasons to Start an LLC in West Virginia

With a GDP of $67.83 billion, West Virginia has become one of the best places for new businesses. A recent report by the Bureau of Business and Economic Research says energy industries are the backbone of the economy. Around $3.7 billion was generated through exports in the same industry. 

Apart from that, there are several benefits like various business funding options and incentives like reducing tax liabilities the West Virginia government provides to the new LLCs and businesses. These programs are available here to encourage operation, job creation, and development of the state economy. 

Energy Incentives

The first and foremost tax incentive is available in the energy sector. Under this program, LLCs involved in such industries will receive tax credit and benefits from the West Virginia state government.

Central Appalachia Empowerment Zone

New LLCs, domestic or foreign LLCs doing business in West Virginia, may receive a tax credit or incentive. Under this program, any business will receive a loan facility or tax incentives if they operate in empowerment zones. 

Opportunity Zone

In West Virginia, several locations fell under the Opportunity Zone. If a new LLC is setting up their business or operating their business in those areas, then they may receive a massive tax rebate, incentives, and so on. The program was introduced by the US Department of Treasury and Internal Revenue Services (IRS). 

Community Development Program

Under this program, several other programs such as Land & Water Conservation Funds, Small Cities Block Grant, and Neighborhood Stabilization Program are available. Under all these programs, any form of business will receive loans and funding facilities from the government. 

Tax Exemption – Sales & Use Tax

For any LLC in West Virginia, there is an exemption on Sales and Use tax. Read more on West Virginia’s classification of LLC tax. Following are the services on which the LLC will get sales tax exemption:

• Daycare service 
• Real property development, construction, repair, and/or decoration
• Television or/and Radio broadcasting sales
• Newspapers, magazines advertisements

Top Businesses in West Virginia

If you are looking forward to forming an LLC in West Virginia, then, first of all, you should know about the economy of the state. Many competing businesses contribute hugely to the state. Here is the list of businesses.

Mining Businesses

Mining businesses are the largest contributor to the GDP of West Virginia, which is around $10.68 billion. Approximately 12,556 people are working in close relation with the industry, either directly or indirectly. If you look at the products that are mined out of the fields of state, then coal is making the maximum contribution making it the second-largest coal mining state of the USA.

Apart from that, there are natural gas reserves also in the soil of the state, which helps in gaining 20% of the mining income.

Manufacturing Businesses

The chemical businesses are the most established manufacturing units in the states. It is helping out in creating 1/5^th of the state’s jobs and gives 40% income to manufacturing businesses. The list of chemicals that are produced in the state are:-

• Adhesives and plastics
• Pharmaceuticals
• Industrial based chemicals

The total contribution of the manufacturing sector to the GDP of the state is $7.94 billion.

Agriculture

There is a golden agriculture history in the state of West Virginia. The mountain state produces agricultural income through livestock like broilers, cattle, sheep, and lambs. The crop produced the most in the state is hay, dried, and used as fodder for their own livestock.

Some people are not willing to invest so much in the business. for them, some of the small-scale businesses that are working well in the state are:-

• Reviewing website
• Reputation management agency
• Equipment renting 

West Virginia LLC Formation Review

How Fast Can I Form an LLC in West Virginia

West Virginia LLC formation can be completed within a span of 2 weeks through mail. When filing online, the procedure is completed instantly, once the payment is received.

If you are starting a new business and wondering How Fast Can I Form an LLC in West Virgina, you’ve come to the right place. In West Virginia, you can choose to form an LLC yourself or use an LLC formation service. The latter can save you a great deal of time and money. You can even use an LLC formation service outside of West Virginia, if you prefer. These services have specialized knowledge and can form LLCs in the state quickly and efficiently.

First, you’ll need to file articles of organization with the West Virgina Secretary of State. The State will then contact you to process your documents. Typically, it takes about five to ten business days for the LLC to be processed, though you can pay an additional fee for expedited processing. In West Virginia, you can file your LLC online or by mail. To get started, you can follow these steps.

Once you’ve decided to start a business in West Virgina, you’ll need to choose a name for the company. The name should be memorable and unique. The name should be unique and memorable, as well as be easy to spell. You should avoid a common or too common business name, and try to choose one that will stand out from the crowd. After you have selected a name, you can move on to finding a registered agent.

Once you’ve registered an LLC, you can choose to hire a Registered Agent or hire an online service to do it for you. The service should provide a free operating agreement template, and should offer online legal services to draft a legally-sound Operating Agreement. You can also hire a business formation service to draft your Operating Agreement and Articles of Organization for you. But don’t get carried away and celebrate too soon. Remember that the key to success is to make sure you take the proper steps to protect your business.

Depending on your business, LLC formation can be a simple process if you follow the right steps. You can file Articles of Organization with the Secretary of State’s Business and Licensing Division through online or offline filing. If you’re registering an LLC in another state, you may need to apply for special licensing for the business. You’ll also need an Employer Identification Number, which is necessary to hire employees, pay taxes, and collect sales tax.

In order to register an LLC, you must obtain an Employer Identification Number (EIN). This number is required to file taxes. It also helps you open a bank account. You will also need this if you hire employees, so it’s important to obtain your EIN before you start the process of LLC formation. You can obtain an EIN through the Internal Revenue Service website. You don’t need an attorney to form an LLC in West Virginia.

The process of forming an LLC in West Virginia is relatively simple. The key is finding an LLC formation service with experience. The best company will provide assistance with every aspect of LLC formation. All you have to do is follow the proper procedures. Once you’ve chosen the company name, you’ll need to decide on a Registered Agent. Your Registered Agent should be available to receive mail and phone calls during business hours. If you’re unsure of who to select, you can select “disagree” and skip this question altogether.

F.A.Qs

In Conclusion

LLCs are easier to establish than other business structures. Small businesses, especially start-ups can easily start their LLCs in West Virginia at a bare minimum cost. LLCs have a ‘pass-through taxation’ advantage for which they are excluded from certain taxes. The formation of limited liability companies requires much lesser documents and legal processes. Share your queries with us, and leave a comment below.