If you are trying to form an LLC in West Virginia, then take note that in this state, starting an LLC requires having a West Virginia registered agent who will handle all official paperwork on the LLCs behalf.
On this page, you’ll learn about the following:
West Virginia Registered Agent Requirements
There are certain requirements to fill the role of a West Virginia registered agent:
- The nominee must be more than 18 years old.
- The individual must have a legal, physical address in the state where the LLC will operate.
- The individual must be physically present during normal working hours.
How to Choose a Registered Agent?
When you file your Certification of Formation in West Virginia, you must nominate a registered agent. You can either appoint an in-house registered agent (yourself or any LLC member) or outsource a West Virginia registered agent service.
You can elect your registered agent online through the West Virginia Secretary of State website.
Hiring an Inhouse Registered Agent
When hiring an in-house registered agent, make sure the individual is over 18 of age and lives in West Virginia.
Can I be my own registered agent?
Yes, you can be your own registered agent. So long as you meet the basic requirements for a registered agent, then you can take on this role for your LLC.
Outsourcing a Registered Agent
You may, instead, get professional registered agent services. Doing so ensures that you will have the best individual to represent your business. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries.
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Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. You will enjoy peace of mind and focus only on running your business, as the ‘professionals’ take care of all legal matters.
What to Consider when Choosing a Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent service typically costs between $50 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents that are received.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company.
How to Remove a Registered Agent for LLC in West Virginia
Once you’ve formed your West Virginia LLC, you may find that you want to change your registered agent. Perhaps you’ve moved out of state, or left your company, and you no longer wish to act as the business’s registered agent. Or maybe your business has expanded, and you no longer want your personal address listed on the public records. If you’ve experienced any of these situations, it’s time to make the change.
The main reason why you need to change your LLC’s registered agent is because you’ve gotten too much work. You’ve been receiving countless documents, but you’re not receiving the important ones, and that can cause you to miss important deadlines. While most West Virginia LLCs operate during normal business hours, you shouldn’t feel obligated to accept all those mails and legal papers. Taking on more than you can handle is simply not worth it.
If you want to change the registered agent for your West Virginia LLC, you’ll need to follow certain rules. For one thing, you’ll need to follow the rules about removing a registered agent. If you want to change your agent, you should go through the process as soon as possible. After all, a change is better than no change at all. And in the case of an emergency, it’s not that difficult.
All corporations and limited liability companies doing business in West Virginia are required by state law to appoint a West Virginia registered agent. West Virginia registered agents provide a reliable way for the Secretary of State and state courts to contact a corporation or LLC.
A registered agent is simply a person or entity appointed to accept service of process and official mail on your company’s behalf who lives in the state of service and is over 18.
If you intend to be your own registered agent, you may be forced to use your home address (especially if you run a home-based or web-based business), making the address public.