West Virginia Registered Agent: If you wish to start a West Virginia LLC, you have to appoint a registered agent. According to West Virginia State Law, it is mandatory to have a West Virginia Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.
In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in West Virginia, and who can be a registered agent for your LLC. Read this guide carefully before you hire a West Virginia Registered Agent.
On this page, you’ll learn about the following:
- What is a West Virginia Registered Agent
- Cost of a West Virginia Registered Agent
- How to Change a Registered Agent in West Virginia
What is a West Virginia Registered Agent
A registered agent (or a statutory agent or a resident agent) in West Virginia is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.
When you file the West Virginia LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in West Virginia, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Hiring a Registered Agent in West Virginia
You may have several options for hiring a registered agent in West Virginia. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in West Virginia can represent your LLC as your registered agent.
Who Can Be a Registered Agent
- The person must be above 18 years old.
- The person must have a legal and physical address in the state where the LLC will operate.
- The person must be physically present during normal working hours.
- Anyone who fulfills the above requirements can act as a registered agent.
- Recommended – You should use a professional registered agent in West Virginia always.
Can I Be My Own Registered Agent
Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.
Why You Shouldn’t Be Your Own Registered Agent
Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,
- If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
- A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
- The registered agent’s address must be up to date in the Secretary of State portal.
It is recommended to outsource the registered agent service to ease your work. As it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
ZenBusiness – $99 Per Year
How to Choose a Registered Agent in West Virginia
You can choose a West Virginia Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.
In-house Registered Agent
As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.
Outsourcing Registered Agent Service
You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.
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. If you are forming your LLC from scratch, then with Northwest Registered Agent, you will get the full formation package, including 1-year FREE registered agent service.
What to Consider While Choosing a West Virginia 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 typically costs between $99 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. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
- 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. Check out the best Registered Agent Services to consider for this job.
- 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. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.
How to Appoint a Registered Agent in West Virginia
At the time of submitting the West Virginia Articles of Organization, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the West Virginia LLC Online Filing page and provide the information of your Registered Agent accordingly.
Appoint Registered Agent By Mail
To appoint a registered agent in West Virginia by mail, you need to download the West Virginia LLC filing form (PDF). Fill up the “Registered Agent” section with appropriate details of the agent and submit it to the SOS office. For more information, read on West Virginia Articles of Organization.
Cost of a West Virginia Registered Agent
The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in West Virginia.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, Northwest Registered Agent offers standalone registered agent service at $125 per year, but if you buy their LLC formation package at $39 + state fees, you will get registered agent service free for 1 year.
How to Change a Registered Agent in West Virginia
To change the West Virginia registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the West Virginia Secretary of State via online filing.
For online filing, you need to get the online form, which is available on the West Virginia Secretary of State portal. Fill in all the necessary information of LLC as well as current and old registered agents. This form must be completed and signed by the newly appointed registered agent and any authorized member of the LLC. The signature of the new registered agent acts like the consent to be appointed as one. Submit on the portal.
How to Pay: The filing amount is payable to the West Virginia secretary of state through a credit card or online payment when filing online.
Why Do LLCs in West Virginia Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in West Virginia. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in West Virginia ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
- Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances as your registered agent will maintain a compliance calendar.
- Privacy: It is mandatory for businesses in West Virginia to publicly upload their address to the West Virginia Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the West Virginia SOS and not yours.
- Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
- Online Safe Backup: Every registered agent in West Virginia or any other state usually takes an online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
- Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.
West Virginia Business Laws for Registered Agents to Note
The registered agent is the most important member of an LLC. Owners must choose an appropriate agent when incorporating an LLC; otherwise, the secretary of state may levy penalties. Naturally, while choosing an agent, they must adhere to state requirements.
West Virginia, like every other state, has its own set of company regulations. Only a state citizen would be aware of the restrictions and could supply services within the state. West Virginia registered agents are subject to the following commercial laws:
West Virginia Antitrust Laws
State antitrust laws make it illegal for sellers to collude in order to acquire an unfair competitive advantage in the retail market. These rules also prohibit some mergers and acquisitions from preventing monopolies from affecting pricing unjustly. In order to enforce these requirements, West Virginia law authorizes both individual citizens as well as the state attorney general to file cases against firms for antitrust offenses.
West Virginia Deceptive Trade Practices Laws
Consumers are protected by state laws against deceptive commercial practices, which ensure openness and integrity in product labeling, advertising, and sales. While West Virginia has not yet adopted the Uniform Deceptive Trade Practices Act, there are a number of state regulations and consumer protection laws that ban merchants from deceiving buyers. Deceptive trade practices regulations can restrict everything from misrepresenting warranty protections to sending spam emails to altering the odometer on a secondhand car.
West Virginia Interest Rates Laws
Depending on what type of contract, loan, or court decision is involved, state interest rate rules may differ. These rules are meant to dissuade unscrupulous lenders and help consumers avoid substantial debt by restricting the amount of interest a borrower can legally charge. The maximum interest rate in West Virginia is 6% without a contract and 8% with one.
West Virginia Pyramid and Ponzi Schemes Laws
A pyramid scheme is a type of sales plan or gadget in which a person makes an essentially useless investment in exchange for enlisting others to invest and enroll others. The so-called investment’s return is mostly obtained from the money of new investors, not from the sale of any commodities, services, or property. Supporting a pyramid scheme is a misdemeanor punishable by up to six months in jail and a fine of up to $1,000.
West Virginia Telemarketing Fraud Laws
Telemarketing fraud is illegal in Mountain State. Although telemarketing fraud can take many forms, it is most commonly defined as a false or fraudulent claim or promise made during a telemarketing call with the intent of obtaining money, property, or something of worth from the consumer.
In West Virginia, the defendant may be barred from taking further action and told to pay compensation, restitution, or even other costs, including attorney’s fees, additional prison time, and fines.
How to Remove a Registered Agent for LLC in West Virginia
A registered agent for LLC in West Virginia can be removed by filing an Application to Appoint or Change Process, Officers, and/or Addresses with the West Virginia Secretary of State with a filing fee of $15.
In West Virginia, a business must have a registered agent in order to receive important legal notices. This agent must be a West Virginia resident and a corporation authorized to conduct business in the state. Furthermore, a registered agent must have a physical address in West Virginia and be available during regular business hours. P.O. Boxes are not acceptable addresses, so it is important to maintain a physical address for an LLC.
You can also change the registered agent for your LLC in West Virginia at any time. You will have to file a change of address with the state. To change your agent, visit the West Virginia Secretary of State website. If you are unable to find the contact information of your registered agent, you can choose another one.
If you want to change your registered agent, you can fill out a form that asks you to provide the new address for your LLC. Be sure to include the business name, home state, date of registration in West Virginia, and new registered agent. You can file a form online, by mail, by fax, or in person. If you file in person, the process will take about two business days.
In the event of a legal dispute, you may have to remove your Registered Agent from your LLC. If you fail to respond to lawsuits, the West Virginia Secretary of State may revoke your LLC’s status, and you can be held liable for a default judgment. It is critical to protect your personal assets from any legal troubles.
In West Virginia, an LLC’s Registered Agent is responsible for accepting official documents and correspondence from the state. During registration, the LLC owner appoints a Registered Agent. The Registered Agent may be a natural person or a foreign entity. The registered agent should also be aware of any new information about the LLC.
If you want to change your registered agent, you can do so by paying $15 to the West Virginia Secretary of State. You can pay via credit card, money order, or check. You can also use prepaid accounts to pay for the fee. However, if you decide to remove your Registered Agent, you should consider hiring a professional registered agent. This service is more expensive than self-serving, but will help your business.
If you want to change your Registered Agent in West Virginia, you can simply change your address and name with the Secretary of State. To do this, you must file a Statement of Change in Registered Agent Information with the state. Most states require you to pay for the change in fees. You may also need to file an application for the change of Registered Agent. The process will take a day or two.
In West Virginia, an LLC must have a Registered Agent in order to operate in the state. Having a Registered Agent in the state will ensure that the LLC remains in good standing and complies with state requirements. A registered agent will also ensure that your business is protected in the event of a lawsuit.
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 for mailing and other official purposes. This might harm your privacy. Hence, it is recommended to outsource the RA service. Also, if you outsource it to professionals, it will be hassle-free.
Before you choose a registered agent for your West Virginia LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.