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How to form an LLC in West Virginia.

The steps, in order, and what each one asks of you. We can file it in West Virginia for you, with the registered agent for the first year.

Our staffer hands a client their mail at our front desk, with West Virginia touches around the office: a banjo, a patchwork quilt, a coal miner's lamp and a river gorge print.

The steps.

  1. Step 1

    Choose a name

    It has to be different from the names already on West Virginia’s records, and it has to include “LLC” or another ending West Virginia accepts, such as “Limited Liability Company”.

  2. Step 2

    Name a registered agent in West Virginia

    Every LLC in West Virginia needs one: a person or company with a street address in West Virginia that accepts legal papers for the company during business hours. More on this below.

    The registered agent West Virginia requires.

  3. Step 3

    File the formation document

    File the formation document with West Virginia’s business filing office. Its name varies: articles of organization in most states, a certificate of formation or of organization in others. West Virginia charges a filing fee. It is shown at cost under What it costs in West Virginia, on this page.

  4. Step 4

    Sign an operating agreement

    It sets out who owns the company and how it is run. It stays with your records and is not filed with the state.

  5. Step 5

    Get an EIN from the IRS

    The EIN is the company’s federal tax number, and banks ask for it. The IRS issues it online, usually at once, when the responsible person has a Social Security number or ITIN and the company’s principal place of business is in the US. Otherwise it is Form SS-4 by fax or mail, which can take 4 to 8 weeks.

  6. Step 6

    Keep up with the ongoing filing

    West Virginia has a periodic filing for LLCs, and official sources in West Virginia disagree on when it is due, so confirm the date with the state. Our page on West Virginia has the details.

    More on West Virginia: changing agents, the ongoing filing and deadlines

What it costs in West Virginia.

Tick what you need. The state’s part is shown at cost.

What it costs in West Virginia.

Adds up as you tick.

Every way to start, on the start page

The registered agent West Virginia requires.

An LLC in West Virginia names its registered agent on the formation document and keeps one for as long as it exists. The agent needs a street address in West Virginia, not a post office box, and someone there during business hours to sign for legal papers.

You may be able to serve as the agent yourself if you live in West Virginia or keep an office there, can be reached there during business hours, and do not mind the address on the public record.

More on West Virginia: changing agents, the ongoing filing and deadlines

Talk to us

Tell us your company’s name once. Whoever picks up next already knows it.