West Virginia LLC Startup Guide

1. Name your West Virginia LLC

Pick a unique name. Naming your West Virginia limited liability company comes first. If you’re ready to start a new business entity, you’ve likely put some thought into how to do this. Now is the time to narrow down which name you’d like to use.

State law guides the naming of businesses in the Mountain State, so you’ll need to make sure that the name you choose for your West Virginia LLC abides by these requirements:

• The name must be distinguishable from any other registered West Virginia businesses. To see whether your name is available, follow the instructions on our West Virginia business name search page.
• The name must be different from any other reserved or registered name.
• The name must end with “Limited Liability Company,” “Limited Company,” “L.L.C.,” “LLC,” “L.C.,” or “LC.” Additional acceptable abbreviations include “Ltd.” for “Limited” and “Co.” for “Company.​”

Matching Domain Name

It’s also a smart move to consider using your West Virginia LLC’s name for a domain name at this time. A domain name is the website address at which your customers can find your goods or services. It can be used as your official business email address, too.

A simple domain name search will show you if the company name, or any close variation of it, is available to use. We have a tool to help you do a preliminary domain name search, and our domain name registration service can help you secure the online name that will best serve your company.

State and Federal Trademarks in West Virginia

The West Virginia Secretary of State may approve your desired LLC name, but they don’t check for trademarks. It could be a real pain if you set up your business, its signage, marketing materials, etc. only to be slapped with a trademark infringement lawsuit later.

To make sure you’re entirely in the clear with your desired business name, visit the United States Patent and Trademark Office website and do a search to make sure your business name or logo isn’t already federally trademarked.

Trademarks can also happen at the state level, so you’ll also want to make sure that no state trademarks exist on your planned LLC name. To find out more and/or apply for a state trademark, go to the West Virginia Secretary of State website page for trademarks. There you can conduct a state trademark search.

Reserving a Business Name for a West Virginia LLC

Once you’ve made sure your LLC name is available in West Virginia and on the internet, you have the option of reserving it so that no one else can use it before you can officially launch your business. An LLC name reservation with the West Virginia Secretary of State protects your company’s name for 120 days from the filing date.

There’s a fee involved for filing an LLC name reservation. It’s important to note and remember a unique West Virginia requirement: The person who reserves the name on the state’s application must be the same person who signs the initial business startup documents.

You’ll have to submit the completed filing to one of the business centers listed on the application. You can email your application to CorpFilings@wvsos.gov, fax your document, or drop it off in person. 

Filing a DBA in West Virginia

Another thing to consider after you register your LLC name is whether you want to use a trade name. In West Virginia, a trade name is any name under which you conduct business that is different from your LLC’s official and legal name. This type of name is also known as a “doing business as” (DBA) name or fictitious name. An LLC only needs to use a trade name if you want to:

• Operate under a different name
• Use a shortened version of the official name
• Drop the ending “Limited Liability Company” or any abbreviation of such

There are no limits to the number of trade names a company or person can register. There’s a fee involved for trade name registration with the state. The registration allows you to operate under this name, but it offers no protection against others using the same name to do business.

2. Appoint a registered agent in West Virginia

Designate a registered agent. A registered agent is an individual or business entity appointed to receive legal documents (such as subpoenas) and certain state correspondence on your company’s behalf. All registered business entities in West Virginia must appoint and maintain a registered agent throughout the life of their business. The LLC’s registered agent information goes on the public record.

West Virginia Registered Agent Requirements

West Virginia details pretty specific requirements for who can be a registered agent. According to state law, a registered agent must: 

• Be an individual West Virginia resident OR a business entity with authority to transact business in the state
• Have a physical street address in West Virginia (no P.O. boxes allowed)
• Be present at their listed address during all regular business hours

West Virginia has these requirements for the registered agent to ensure they can fulfill their purpose: to accept legal documents and some official notices from the state on behalf of the business they represent. 

These criteria make it possible for a business owner to serve as their own registered agent, have a friend or family member fill the role, or hiring one of WV’s registered agent services. 

Recommended: Hire a registered agent service

We highly recommend hiring a registered agent service. Sure, you’ll pay an annual fee for their services, but here are just a few of the ways you’ll benefit: 

• An agent service frees you up to run errands, take sick days, and go on vacation since you aren’t tied down to a single address during normal business hours
• You won’t need to file additional paperwork if your business address ever changes
• An agent service gives you peace of mind knowing that you’ll never miss a notice and your documents will stay organized
• You’ll avoid the potential embarrassment of being served with a lawsuit in front of a client, employee, or business partner (which could happen if you served as your own agent). 

By hiring an agent, you help ensure that your business is both compliant and sustainable for you in the long term. Our West Virginia registered agent service can fill this role for you simply and reliably.

3. File West Virginia Articles of Organization

Complete and submit your LLC paperwork. Your Articles of Organization form is a legal document that you must complete and file with the state to start your LLC in West Virginia officially. To file your Articles of Organization (Form LLD-1), you’ll need the following information:

• The name of the West Virginia LLC
• Whether the company will be an LLC or professional LLC (see list below)
• The address of the principal office of the company, including the county
• The address of the initial physical office of the company in West Virginia (if any)
• Mailing addresses of principal and physical offices if different from office addresses
• The name and address of the registered agent
• Email address for business correspondence
• Website address of business (if any)
• Information about any other existing business you own or operate in the state
• The name(s) and address(es) of the LLC organizer(s)
• Whether the LLC will operate indefinitely or for a set period
• Whether the LLC will be managed by members (owners) or managers, plus names and addresses of all members (if managed by members) or managers (if managed by managers)
• Whether LLC members or the company is liable for the debts, obligations, and liabilities of the company (most choose to have the company be liable)
• The purpose or purposes of forming your LLC (explains the type of business activities you’ll conduct)
• If your LLC is:
  • A consumer litigation financier
  • A scrap metal dealer
  • Veteran owned
• Provisions that may be set forth in the operating agreement
• The requested effective date of the articles
• Contact person in case of any problems with the application

Professional Limited Liability Company in West Virginia

Your LLC is considered a professional limited liability company (PLLC) if you practice one of the following professions:

• Accountant
• Acupuncturist
• Architect
• Attorney-at-law
• Chiropractor
• Dentist
• Engineer
• Land surveyor
• Optometrist
• Osteopathic physician or surgeon
• Physician
• Podiatrist
• Psychologist
• Social worker
• Veterinarian

There is a fee of $130 involved for filing your Articles of Organization. Veteran owners can have this fee waived if they meet certain requirements and file a waiver form. Veterans must submit a DD 214 form from the Department of Veterans Affairs with their Articles of Organization, too. Entrepreneurs under the age of 30 also qualify to have this fee waived.

You can submit your Articles of Organization by email, fax, in person, or online.

All of that being said, filing official government documents like this can be intimidating and/or complicated for many people, which is why we’re here. With our business formation plans, our professionals handle the filing for you to make sure it’s done quickly and correctly the first time.

Keep all your new LLC formation documents in one place

If you have us handle filing your Articles of Organization, once the state approves your LLC, your paperwork will be available from your ZenBusiness dashboard, where you can keep it and other important paperwork digitally organized.

WV LLC Business Kit

Once you get your physical paperwork back from the state approving your new LLC, you’ll want to keep it in a safe location along with your other important documents, such as your operating agreement, member certificates, contracts, compliance checklists, transfer ledger, etc.

We offer a customized business kit to help you keep these important documents organized and looking professional.

4. Create an operating agreement

Draft an LLC operating agreement. An operating agreement is a document that outlines how your LLC will operate. It details all the rules, procedures, and regulations that all members and/or managers must abide by.

West Virginia law doesn’t require you to file an agreement; however, creating one and having all members sign it can help set your business up for success in the long term. The agreement not only provides for how the day-to-day operations will function but also for how membership can change and how money is handled, helping solve future issues between your LLC’s owners.

A West Virginia operating agreement can include information such as:

• Each member’s initial investment in the company
• Distribution of profits
• Member succession plans
• What events may cause the dissolution of the LLC and how to handle the dissolution

A written agreement has lots of benefits, from resolving disputes to clarifying your operations from the start. But the biggest advantage comes in the form of helping maintain your LLC’s personal asset protection. 

Limited personal liability is arguably the biggest advantage of forming an LLC. While we won’t get too bogged down in the legalese, personal asset protection means that if your business ever gets into trouble your personal assets (like your car, home, or savings) can’t be seized to pay the business debts. It’s a significant perk.

Personal asset protection is only possible because your LLC is, from a legal standpoint, a separate legal entity from you as the owner(s). And you have to treat it like a separate entity. Your agreement helps serve as written proof that you’re doing just that, helping solidify your liability protection.

West Virginia LLC Operating Agreement Template

To help get you started, we offer a customizable operating agreement template.

5. Apply for an EIN

Get an Employer Identification Number (EIN). An EIN is a tax ID number issued to businesses by the Internal Revenue Service (IRS). Obtaining an EIN is necessary to do things such as hire employees and pay taxes. It’s also a requirement for any business with multiple owners. It’s a way for the government to identify your LLC and apply the proper taxes. An EIN is also commonly referred to as a Federal Tax Identification Number.

You can get your West Virginia LLC’s EIN through the IRS website, by mail, or by fax, but if you’re unfond of dealing with that particular government agency, we can get it for you. Our EIN service is quick and eliminates the hassle.

State Tax Registration

When you get your registration certificate (see the next step), the State Tax Department will establish a tax account for your LLC. They’ll provide you with the appropriate tax reporting forms so you’ll know which West Virginia business taxes you’ll need to pay.

As part of your state taxes, you can expect to pay taxes on your income (either personal income taxes if you’re taxed as a pass-through entity or corporate income taxes if you elect C corporation status). You may also be responsible for sales and use taxes; excise taxes on certain products like alcohol, soft drinks, or tobacco; and more. These tax requirements make our next step very important.

6. Obtain a West Virginia Business Registration Certificate

Apply for a West Virginia Business Registration Certificate. After completing your registration with the West Virginia Secretary of State, but before conducting business in West Virginia, you must obtain a registration certificate from the State Tax Department for your LLC. You can file an application through the Business for West Virginia Online Portal. You can also file via mail by completing and sending a BUS-APP form to the Tax Commissioner at:

West Virginia State Tax Department
Tax Account Administration Division
Registration & Account Correction Unit
P.O. Box 2666
Charleston, WV 25330-2666

The state charges a small registration tax, which will need to be submitted at the time of filing for your certificate. There’s an additional fee when you file through the online portal.

Step 7: Submit your LLC’s beneficial ownership information report

Filing a beneficial ownership information report,or BOI report, is a brand-new requirement for LLCs and small businesses. This requirement just went into effect at the beginning of 2024 thanks to the Corporate Transparency Act. The act requires reporting companies to disclose information about their beneficial owners to the Financial Crimes Enforcement Network. 

Your LLC has beneficial owners; a “beneficial owner” is anyone who holds 25% or more of your LLC’s ownership interest, exercises substantial control over it, or gets significant economic benefit from its assets. For each beneficial owner, you’ll need to provide a name, address, and identifying documents. By requiring this information, FinCEN hopes to deter financial crimes by making it more difficult to hide illicit activities behind shell companies. Failing to file has severe criminal and civil penalties. 

You can file your BOI report for free on FinCEN’s website; you can use the online form or upload a PDF. Either way, the filing is free (and you won’t have to repeat it on the state level). Just be sure to file on time. If you form your LLC during 2024, the BOI report is due within 90 days of getting West Virginia’s approval for your Articles of Organization. Any LLCs that start in 2025 (or beyond) will have just 30 days. Meanwhile, LLCs that started prior to 2024 will have until January 1, 2025, to file. 

Want to learn more about the BOI report and its requirements? Check out FinCEN’s website. And if you need help filing, our BOI report filing service has you covered.

West Virginia LLC Requirements

West Virginia has a variety of requirements and filing fees for LLCs. While LLCs may have different startup requirements, here are some of the most common ones: 

• Articles of Organization: $130 (waived for entrepreneurs under 30)
• WV Business Registration Certificate: $30 
• Annual Report: $25
• Business licenses and permits (in addition to the business registration certificate): Varies, but an initial registration fee and renewal fees for each business license should be budgeted for
• Registered agent services: Varies, but average cost ranges between $100-$300 per year

As you get up and running, be sure to file these forms and applications, and budget for these expenses. That will help you get started on a solid foundation.

Steps to Take After Forming Your LLC in West Virginia

After successfully forming your WV LLC, your work isn’t quite finished. It’s essential to complete several additional steps to ensure your business is set up correctly and remains compliant with state regulations.

Getting Business Licenses and Permits

You’ll need to make sure your West Virginia LLC has all the licenses and permits it’s required to have by law. Chief among these is the general business license West Virginia requires all businesses to have. This license is also known as the Business Registration Certificate we covered in Step 6.

This likely won’t be the only license and/or permit your LLC will be required to have. Unfortunately, because licensing varies by industry and location and can occur on the federal, state, and local levels, there’s no central place to check to see if you have all the licenses and permits you need. You’ll have to do some research.

If you don’t have the time or inclination to do all this research, or if you just want the peace of mind to know that your business has all the licenses and permits it’s legally required to have, our business license report service can do the work for you.

Setting Up an Accounting System

Establish a robust accounting system to manage and track your finances effectively. This system will help facilitate budget management, expense tracking, and preparation for tax obligations.

Your small business has a variety of different options for accounting systems: a spreadsheet, accounting software, hiring a professional, or even using our ZenBusiness Money app. No matter what you choose, your priority should be getting a system in place and using it faithfully.

Opening a Business Bank Account

Once you’ve secured an EIN, you’ll be able to open a business bank account. Having separate accounts for your business and your personal banking is critical for sorting out your finances at tax time and helps you avoid commingling funds.

Commingling funds can not only make your taxes more difficult but it could also be used against you if someone takes you to court to challenge whether you and your LLC are truly separate entities.

We offer a discounted bank account for your new business. This allows for unlimited transactions, online banking, a debit card, and more. When you want to authorize others in your business to use the account, we offer a banking resolution template to simplify the process. For further help managing your new business’s finances, try ZenBusiness Money. It can help you create invoices, receive payments, transfer money, and manage clients all in one place.

Filing Your Annual Report

Every LLC in West Virginia is required to file an annual report. This report is relatively simple, but it keeps the state informed about your business’s basic information (and verifies that you’re still up and running). Filing is an important part of staying compliant and in good standing.

You can file your annual report online through the West Virginia One Stop Business Portal. It’s due anytime between January 1 and June 30, so you have plenty of time to get the paperwork completed. That said, it’s recommended to pick a specific date to file it by so you don’t accidentally overlook it. For example, you might add it to your list of forms to file at tax time. 

There is a $25 filing fee (at the time of this writing) for this report.

Staying Informed About Legal Requirements

Stay updated on legal and tax obligations pertinent to your LLC in West Virginia. This includes understanding state and federal tax requirements, as well as any changes in business regulations. 

Requirements are subject to change at any time, so be sure to keep informed. That’s why a lot of small business owners find it helpful to regularly consult with an attorney or tax professional to stay up to date regarding state requirements.

Correcting Filing Mistakes

If you find errors in your WV LLC’s filing documents, don’t panic. You can correct mistakes in your Articles of Organization by filing the Articles of Amendment with the Secretary of State. This form requests which sections you’re trying to amend (correct), contact information for questions about the form, and a signature. There is a $25 filing fee (as of the time of this writing) for this form (plus expediting fees if you want to speed the process up).

Dissolving Your West Virginia LLC

Dissolving an LLC in West Virginia involves a formal process. First, if applicable, refer to your LLC’s operating agreement for any specified dissolution procedures. The dissolution typically requires a vote or agreement by the LLC members. 

After the decision to dissolve is made, the LLC should settle any outstanding debts and distribute any remaining assets. Then, file a “Certificate of Dissolution” with the West Virginia Secretary of State. This officially winds up the LLC and notifies the state of its closure. 

Finally, handle any final tax obligations, including filing a final tax return, to ensure a complete and compliant dissolution of the LLC. After the LLC’s outstanding liabilities are paid, any remaining assets can be distributed among the members. 

For a full rundown of this process, check out our guide to dissolving a business in West Virginia.