The West Virginia Articles of Organization are the LLC forms that must be completed and filed with the state in order to incorporate an LLC.
We’ll walk you through the West Virginia LLC Articles of Organization filing process in three simple stages.
Get Forms for Your Articles of Organization
Complete the Articles of Organization.
Keep the Articles of Organization on file.
You may either download and mail your West Virginia Articles of Organization or establish an account and submit them online.
We will assist you with completing the West Virginia Articles of Organization form in this phase. There are 10 “Articles” in all.
To complete the form, you will need the following information:
Name and kind of entity
Office Location
Process Information Agent
Organizer Details
LLC Duration and Effective Date of Articles of Organization
Type of Governing Authority
Liability of Members
Business Objective
Veteran-Owned Business
A unique and clever company name is crucial, but it is not as necessary as a legally valid name.
When selecting a name for your company, you must ensure that the name:
satisfies West Virginia naming standards
is not already in use by another West Virginia firm.
Your business name must contain the words “limited liability company” or “limited company” or one of its acronyms (LLC, L.L.C., LC, or L.C.). “Limited” may be shortened to “Ltd.” while “business” can be shortened to “Co.”
Your name must not include the words incorporated, corporation, company, limited, inc., corp., co., or ltd.
Your name cannot include any term or phrase that indicates the LLC was formed for a reason other than the one mentioned in its articles of incorporation.
If the company activity does not contain “banking” or “insurance,” the phrases “banking” or “insurance” cannot be used in the business name.
The terms “engineer” and “engineering” may be used only if the objective is to conduct professional engineering and one of the principals is a licenced West Virginia professional engineer.
Other licenced professions have their own set of rules and limitations.
“911” cannot be part of your name.
Your LLC’s name cannot include terms that may be confused with a government organisation (FBI, Treasury, State Department, etc.).
Your name must be distinct from any other current company in the state. This covers reserved names in West Virginia.
Is your surname legal in West Virginia? Check the West Virginia Comptroller of Public Accounts website to see if the name you desire isn’t already taken.
We suggest that you check to see whether your company’s name is accessible as a web domain. Even if you don’t intend to create a company website right away, you may wish to purchase the URL to prevent others from doing so.
You must include the address of the company’s major office, designated office, and, if different, a postal address.
In most states, an agent of process, also known as a registered agent, receives and transmits legal papers on behalf of your LLC.
Your process server may be anybody over the age of 18 who resides in West Virginia. During regular business hours, your process server must always be accessible at the registered office.
A P.O. box cannot be used as your registered office address.
The names and addresses of the LLC’s organisers must be included.
LLC Duration and Effective Date of Articles of Organization
Choose whether your LLC will function indefinitely or whether there is a planned dissolution date, and specify whether you want the Articles of Organization to become effective immediately or at a later date.
Indicate if any members will be held accountable for the LLC’s debts, responsibilities, or liabilities.
In West Virginia, a limited liability corporation may be formed for any lawful or non-prohibited business. Article 4 might include the phrase “General Purpose.”
Remember that a business goal including licencing, tax-exemption, or tax-deductible status needs specific wording from the IRS or a professional licence.
If your LLC satisfies the criteria for being certified as a “veteran-owned company,” it may be eligible for certain tax breaks.
You must submit the Articles of Organization with the Secretary of State to register your LLC.
You may submit your Articles of Organization in two ways:
Fill out the form online.
Make a Business Agreement
Obtain an EIN
Establish a Business Bank Account
Purchase Licenses and Permits
A West Virginia LLC operating agreement is a legal document that details your LLC’s ownership structure and member functions.
Although an Operating Agreement is not necessary in West Virginia to incorporate an LLC, it is a good idea to have one. You may begin working on your operating agreement before, during, or after filing your Articles of Organization.
Your operating agreement will be held in the private business records of your LLC; you will not submit it with the state.
An Employer Identification Number (EIN) is your LLC’s equivalent of a social security number. If you want to recruit staff or create company bank accounts, you’ll need an EIN.
It is critical to use specific business banking and credit accounts to safeguard your company’s corporate veil. When you combine your personal and company accounts, your personal assets (house, vehicle, and other possessions) are at danger if your LLC is sued.
When forming an LLC, you should consider if your company requires any licences or permissions to operate legally. There are a few commercial operations that need licences or permissions on the federal level.
Learn how to secure the licences and permissions required for your company, or hire an expert to handle it for you:
Federal: For federal business licences and permits, see the U.S. Small Business Administration (SBA).
State: Visit West Virginia’s Licenses, Permits, and Renewals website to apply for or learn more about licences, permits, and registration.
Local: Inquire with your county clerk regarding local licences and permissions.