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Forming an LLC in West Virginia

Created by FindLaw's team of legal writers and editors.

When you begin to make business plans for your limited liability company (LLC), you'll need to be informed of all the necessary requirements to get it formed in your state. The specific process for LLC formation resides within each state's business statutes. This article explains the steps for forming an LLC in West Virginia.

Forms for West Virginia LLC Formation

A major part of forming an LLC includes filing and completing documentation with the state. Although this may sound challenging, the process is relatively simple. For an easy do-it-yourself solution, consider using FindLaw's West Virginia LLC Formation Package to efficiently complete and file the forms for your LLC.

Forming an LLC in West Virginia: Steps

The state where you file your paperwork makes a difference because the laws of LLC formation differ according to jurisdiction. The chart below outlines the steps you'll need to take to form an LLC in West Virginia.

Statutes

West Virginia Code Chapter 31B. Uniform Limited Liability Company Act.

  • Section 31B-1-105 (LLC name)
  • Section 31B-1-106 (reservation of name)
  • Section 31B-1-108 (designated office and agent for service of process)

Name the LLC

The West Virginia LLC name must contain the words "Limited Liability Company" or "Limited Company."

Approved abbreviations:

  • "L.L.C."
  • "LLC"
  • "L.C"
  • "LC"

The name must be different from businesses that are already registered with the state. Check with the Business Name Database for name availability.

You can register a name for 120 days by filing an application with the West Virginia Secretary of State.

Select a Registered Agent

Every West Virginia LLC must have an agent for service of process purposes if the company is sued.

Requirements for the agent:

  • Physical street address in West Virginia; and
  • A West Virginia resident; or
  • A corporation or LLC authorized to do business in West Virginia.

File Article of Incorporation

You must file the Articles of Incorporation (along with a filing fee) with the West Virginia Secretary of State either by regular mail or online.

The filing (which includes fees) must include the following:

  • The name and address of the LLC;
  • The name and address of the registered agent;
  • The name and address of each organizer;
  • The LLC's purpose;
  • Whether the LLC term is perpetual or limited;
  • Whether the LLC is member-managed or manager-managed; and
  • Whether the members will assume liability for the LLC's debts.

Create an Operating Agreement

Although the agreements aren't required, it's a good idea to create an operating agreement.

Comply with Tax Requirements

If your LLC has more than one member, then you must apply for an employer identification number (EIN).

Every business must register and pay a fee for a certificate with the West Virginia State Tax Department.

Determine Necessary Business Licenses

You may also have to obtain local and state business licenses, depending on the type of business and the location.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Forming an LLC in West Virginia: Related Resources

Forming an LLC in West Virginia? Connect with an Attorney

It's not too difficult to create a West Virginia LLC if you have the right forms. However, if you run into any problems with complex formation issues or have any questions, an attorney is available for help. Connect with an experienced West Virginia business organizations lawyer near you for more information.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.