If you are forming an LLC in West Virginia, then this page’s content would be vital. As you learn how to start an LLC, you will realize that the bulk of your initial work and LLC cost comprises filing West Virginia articles of organization, which we will elaborate on this page.
On this page, you’ll learn about the following:
What is an Article of Organization?
An Article of Organization, also known as an LLC certificate or Certificate of Formation in some states, is a document filed with the secretary of state to form an LLC.
Each state has a different requirement to fill out a form. An Article of Organization usually includes the following:
- The name of the LLC,
- the effective date of the LLC,
- the company’s principal office,
- the business purpose,
- the duration of the business,
- a copy of the LLC’s name registration certificate, and
- the name and address of the registered agent, organizers, and
- at least one member of the company.
Note that the certification of formation is a legal requirement, not to mention, the core of your LLC formation. It even makes up the bulk of your West Virginia LLC cost. Without it, you have no LLC. So, take the time to complete and file this certificate.
How to File West Virginia Articles of Organization
These are the simple steps to follow in filing an Article of Organization in West Virginia.
Step 1: Find Forms Online
Go to the West Virginia Secretary of State to download the articles of organization form for your LLC or to log into the online service.
Step 2: Fill Out Form
You must attach a copy of your Name Reservation to your filled-out Articles of Organization form when filing. You also need to nominate a registered agent. Here are 3 of the best LLC services on our list.
Step 3: File Formation Certificates
- Charleston Office One-Stop Business Center 1615 Washington St. E. Charleston, WV 25311.
- Clarksburg Office North Central WV Business Center 200 W. Main St. Clarksburg, WV 26301.
- Martinsburg Office Eastern Panhandle Business Center 229 E. Martin St. Martinsburg, WV 25401.
Steps to Register Article of Organization Online
Time needed: 5 minutes.
To establish your business LLC in the State of West Virginia, one must apply for Articles of Organization with the Secretary of State office. The cost of the application is $100. When you apply through online mode, you also get the benefit of immediate processing of your application. The formation guide in the following steps will assist you in filing the Articles of Organization application with the West Virginia Secretary of State office.
- Go to the Official Secretary of State website
Visit the official website of the Secretary of State of West Virginia. The Website hosts a WV One Stop Business Portal, which provides an easy and convenient platform for different business filings and related online services. On the page, the Login box appears. If you already have an account on the portal, you can proceed to log in by entering your user ID and password in the provided space. In case you do not have an account, read the next step ahead to know about it.
- Start to file your application
After confirmation of your WV Business portal account, log in to your account. On the user homepage, select the relevant option for business registration or filing of Articles of Organization for your West Virginia Domestic LLC. Read the instructions carefully and proceed to fill in the application form with all the mandatory information.
- Review your application
Once you have completed the application form, recheck all the details provided by you to be correct and accurate to your knowledge.
- Make the payment
As the final step, after you have confirmed all the information in your application, proceed to pay $100 as the filing fee of your application. You will receive a notification from the Secretary of State office acknowledging the receipt of your application.
West Virginia Articles of Organization Filing By Mail
If you wish to file your Application for Articles of Organization by offline method, you can do that easily by mail. Follow the instructions below to learn more about how to file an application via mail with the Secretary of State of West Virginia.
- Access the Application Form PDF from the official website of the Secretary of State. Download the application form PDF on your computer.
- Read all the instructions provided in the form carefully.
- Start to fill in the required details in the application form. You must also fill the Customer Order Request form attached with the original form. You can also attach the Name Reservation certificate as well.
- After completing the form, review all the details provided by you in the form. All the details should be correct and accurate to your knowledge.
- Issue a check or money order for $100 as the filing fee payable to the West Virginia Secretary of State. You can also authorize online payment by filing in the e-Payment form attached with the original application form.
- Arrange all the documents together and mail it to one of the following three addresses: Charleston Office One-Stop Business Center 1615 Washington Street East Charleston, WV 25311; Clarksburg Office North Central WV Business Center 200 West Main Street Clarksburg, WV 26301; Martinsburg Office Eastern Panhandle Business Center 229 E. Martin Street Martinsburg, WV 25401
Cost of Filing Articles of Organization in West Virginia
In general, the online method is the preferred mode of application due to easy filing and tracking options. Nevertheless, the State accepts applications through online as well as offline mode, without any difference in the filing fee. Here is the cost of filing formation articles in West Virginia,
- Online filing costs $100.00
- By mail filing costs $100.00
Where Can You Find Your West Virginia LLC Articles of Organization
Articles of Organization for West Virginia LLC can be accessed through the West Virginia’s One Stop Business Portal. You can also download the PDF from the West Virginia Secretary of State’s website.
Whether you are a local resident or an entrepreneur who has decided to start a new business in West Virginia, you will need to get your West Virginia LLC Articles of Organization filed with the state. A limited liability company is a business organization that can be formed for any legal purpose. Unlike a corporation, LLCs are not taxed as corporations, and are therefore considered to be taxed at the personal income level of its members.
Whether you decide to create a single-member LLC or a multi-member LLC, you must include a list of members in the LLC Articles of Organization. You can choose to have each member listed separately, or you can have the member’s names listed together. The list of members must be accompanied by an Operating Agreement, which defines the roles and relationships of the members. Generally, the Operating Agreement contains details on how the members will be voting and what their rights are in case of dissolution.
You can use the West Virginia One Stop Business Portal to file your LLC Articles of Organization online. The portal allows you to enter basic information about your business and then download forms. If you don’t have internet access, you can submit your forms by mail or fax. The portal also allows you to submit your business’s Employer Identification Number (EIN), which is used for hiring employees. You can obtain your EIN for free from the IRS website, and it can be used to open business bank accounts.
When filing your LLC Articles of Organization, you will also need to choose your registered agent. This agent must be authorized to do business in West Virginia and has a physical mailing address in the state. He or she is also authorized to receive official government mail on behalf of the LLC. The agent’s role is to be a contact person for the LLC and to take care of any legal and compliance documents. It’s important to choose an agent who will be available at the LLC’s registered office during normal business hours.
In addition to filing your LLC Articles of Organization, you must also complete an annual report. The annual report is a public record of your business’s activities and information. In order to complete the annual report, you must pay a $25 fee. The annual report is also a legal form that is filed with the Secretary of State. The report consists of information about your LLC, including the name and address of your agent of process, your mailing address, and the address of your initial office in West Virginia. You may also be required to file a Certificate of Good Standing, which is an official notice of your business’s formation.
West Virginia law requires that your LLC have a registered agent, who is an individual who has been designated by you to receive service of process notices on behalf of your LLC. You can choose to designate an agent who is a member of your business or a person who has an established business in West Virginia.
An Article of Organization is a legal document that will officially make your LLC into existence. This document is needed specifically for West Virginia in forming an LLC business structure.
The application form for the Articles of Organization needs to include the LLC name, date of establishment, the company’s registered office, business purpose, how long the business will exist, and a copy of the LLC’s name registration certificate.
Filing by mail or in person is neither highly recommended nor required; waiting an extra week for your LLC to be approved isn’t that bad. The LLC approval you send in will be returned by mail. Online filing, meanwhile, is more convenient as you won’t have to stay in a queue.
Articles of Organization or Certificate of Formation is the most important document for your West Virginia LLC. Before you submit/file the document make sure to provide proper and correct information about your company. If you have any questions, share that below in the comment section.