If you already have an LLC in another state and want an LLC in West Virginia, then starting an LLC would be somewhat different. You must register as a foreign LLC. We have here a guide on how you can qualify and register for a foreign LLC in West Virginia.
On this page, you’ll learn about the following:
- Forming a West Virginia Foreign LLC
- Step 1: Choose West Virginia Foreign LLC Name
- Step 2: Select West Virginia Foreign LLC Registered Agent
- Step 3: File Registration of West Virginia Foreign LLC
- Step 4: Determine How Your West Virginia Foreign LLC is taxed
- Steps to Filing West Virginia Foreign LLC Online
- Steps to Filing West Virginia Foreign LLC by Mail
- After Forming West Virginia Foreign LLC
Forming a West Virginia Foreign LLC
A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. To start a foreign LLC in West Virginia, you need to register it with the West Virginia Secretary of State.
Step 1: Choose West Virginia Foreign LLC Name
Obtain a name reservation certificate and submit it with your foreign qualification requirements at the West Virginia Secretary of State. Your LLC’s legal name outside of West Virginia will be listed on the application, along with the name it will use in West Virginia. Take note of the requirements for naming your LLC.
Step 2: Select West Virginia Foreign LLC Registered Agent
You’ll need a registered agent to form a foreign LLC in West Virginia and take note that a West Virginia registered agent must have a local address. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries:
Step 3: File Registration of West Virginia Foreign LLC
- 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
Include the following:
- LLC’s full legal name.
- A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
- LLC’s principal office and mailing addresses.
- LLC formation state and date.
- Registered agent’s name and address in West Virginia.
- Date when your LLC will start operations in West Virginia.
- Credit card information on the last page of the form for the $150 application fee.
The LLC cost in West Virginia, even for foreign LLCs will differ between online filing and by mail.
Step 4: Determine How Your West Virginia Foreign LLC is taxed
Foreign LLCs are also subjected to the West Virginia Business Privilege Tax, and they must file LLC annual reports each year.
Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.
Steps to Filing West Virginia Foreign LLC Online
Time needed: 5 minutes.
To establish your foreign LLC in the State of West Virginia, you are required to register your business with the West Virginia Secretary of State office. The cost of registration is $150. Once your application is approved, you will receive a Certified copy of your business documents from the Secretary of State office. We have explained the aspects you need to cover while registering for West Virginia Foreign LLC.
Following are the steps to register a foreign LLC online:
- Access the official website of the Secretary of State
Go to the official website of the West Virginia Secretary of State. The Business section on the website includes all the details and information about how to Register an Out-of-State (Foreign) Business. On the given page, click on the link for One-Stop Business Portal.
- Login or Create your Account
On the following page, the SOS Business page opens. If you already have an account on the portal, you can continue to log in by clicking on the ‘Login here’ tab and then entering your User ID and password on the next page. In case you do not have an account, click on the ‘Create a User Account’ tab on the SOS Business page.
- Start to file your application
Once you create your account, log in to it using your login credentials. On the user landing page, select the relevant option to file a new business (foreign). Read all the instructions provided in the online application form carefully and proceed to fill in the form.
- Review your application
Before you complete your application process, recheck all the information and details entered by you in the form. Every detail should be correct and accurate to your knowledge.
- Make the payment
After finalizing your application, you can proceed to the payment gateway page and pay $150 as the online filing fee for your registration application. After you successfully submit your application form, you will receive a notification from the Secretary of State office acknowledging the receipt of your application.
Steps to Filing West Virginia Foreign LLC by Mail
If you wish to register your business LLC via mail, you can do that easily.
- Download the application form PDF on your computer system.
- Read all the instructions carefully and proceed to fill in the application.
- Attach the Certificate of Good Standing or Existence along with the form.
- You should also attach the Customer Order Request form available with the original application form.
- Review all the information provided by you to be correct and accurate.
- Issue a money order or check for $150 as the filing fee of your application, payable to the West Virginia Secretary of State.
- IF you wish, you can make the payment online as well. However, to authorize this payment, you must provide the details about the payment in the e-Payment form attached to the original application.
- Arrange all the documents together and mail it to one of the following 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
After Forming West Virginia Foreign LLC
Here are added things you need to accomplish after forming your West Virginia Foreign LLC
- Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
- File LLC annual reports and Business Privilege Tax.
- Pay State Taxes like sales tax; you’ll need an EIN for your LLC.
It is convenient plus easy to file for the foreign LLC if you are doing it online. The steps are very easy and that’s why it’s possible to go along with the steps and form a foreign LLC in West Virginia.
How Much Does It Cost to Register a Foreign LLC in West Virginia
To register as a foreign LLC in West Virginia, you can file through mail or online by paying a filing fee of $150 to the West Virginia Secretary of State.
There are two ways to file a Certificate of Authority application in West Virginia. The first method involves filing an application online. The second method involves filing a paper form and paying a fee. The fee for filing a paper form is $25. If you file online, you can also file an amended application for a fee of only $1.
Applicants for Foreign LLCs should make sure they have the required business licenses. There are different fees for each state, so you should check your individual state’s requirements before applying. Some states charge a one-time fee, while others have ongoing fees.
A foreign LLC that wishes to do business in West Virginia must first file a Certificate of Authority application. The application must also contain a copy of the company’s certificate of existence and good standing. The fee for a foreign LLC filing in West Virginia is $150, although there are some exceptions, such as veteran-owned businesses. The state also requires that foreign companies reserve a name 120 days before forming it.
Once the LLC is registered in West Virginia, it must file an annual report with the Secretary of State. The first report is due between January 1 and July 1 and subsequent ones during the same time frame. In addition to the annual report, foreign LLCs may need to obtain state and local business licenses and permits. To find out what licensing requirements your business will need, you can check WV One Stop Business Portal or contact your local county clerk.
Choosing a Registered Agent is another consideration. In West Virginia, you must select a person who will act as your agent in the state for the LLC. The agent must have an office in the state and be willing to accept service of process. In addition, your registered agent should be a West Virginia resident or an entity authorized to conduct business in West Virginia. If you hire a Registered Agent Service, you can save up to $100 per year.
If you’re looking to expand your business beyond West Virginia, you should consider setting up a Foreign LLC. These entities are not only required to register in a different state, but the registration fees are usually only a couple hundred dollars. And if you’re a new company, these costs can be deductible as business startup expenses.
Despite the fact that West Virginia does not require a state tax identification number, businesses should consider filing a trade name in the state where they’re doing business. While it is not legally required, it is a good business practice. Unlike a “doing business as” name, a trade name in West Virginia will only be effective for West Virginia. Furthermore, it will not replace a national trademark filing.
Before filing Articles of Organization in West Virginia, you should reserve the business name you want to use. After that, you need to file an annual report with the Secretary of State. This can be done online through the WV One Stop Business Portal website. If you don’t file it on time, you’ll be charged a $50 penalty.
If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in West Virginia.
Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.
A domestic LLC is a company registered in West Virginia as an LLC. The entity type that has a physical presence in another state is a foreign LLC.
Starting a foreign LLC in West Virginia does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. Get a professional registered agent and form your foreign LLC anywhere without a hassle.