How to Form a Limited Liability Company in West Virginia

Start an LLC in West Virginia in 5 Easy Steps

Step 1: Create an LLC in West Virginia.
Step 2: Select a Registered Agent.

Step 3: File the Articles of Organization.

Step 4: Draft an Operating Agreement.
Step 5: Obtain an EIN

It is simple to form an LLC in West Virginia.

To form a West Virginia LLC, you must first submit the Articles of Organization with the West Virginia Secretary of State, which may cost up to $100. You may apply both online and by mail. The Articles of Organization are the legally binding documents that establish your West Virginia limited liability business.

STEP 1: Give your West Virginia LLC a name.

The first and most critical step in establishing your LLC is to choose a company name. Make sure your name conforms with West Virginia naming regulations and is readily searched by prospective customers.

1. Follow the West Virginia LLC name guidelines:

The word “limited liability corporation” or one of its acronyms must be in your name (LLC or L.L.C.).
Your LLC’s name cannot include terms that may be confused with a government organization (FBI, Treasury, State Department, etc.).
Restricted terms (e.g., bank, attorney, university) may need extra documentation and the participation of a licensed professional, such as a doctor or lawyer, in your LLC.

2. Does the name exist in West Virginia? Do a name search on the West Virginia Secretary of State’s website to ensure that the name you choose isn’t already used.

3. Is the URL accessible? We propose that you investigate if your company’s name is accessible as a web domain. Even if you don’t intend to launch a company website right away, you may wish to purchase the URL to prevent others from doing so.

STEP 2: Select a West Virginia Registered Agent

Nominating an Agent of Process is a critical step in the management of your LLC.

In some places, an Agent of Process is referred to as a Registered Agent. If you do not choose an Agent of Process, the Secretary of State will act on your behalf and accept any court summons delivered on your firm.

What exactly is a Process Agent? An Agent of Process is a person or corporate organization that receives vital tax forms, legal papers, lawsuit notices, and formal government communication on your behalf. Consider your Agent of Process to be your company’s point of contact with the state.

Who may act as a Process Agent?

An Agent of Process must be a West Virginia person or an organization, such as a registered agent service, that is permitted to do business in West Virginia. You may choose someone from your organization, even yourself.

STEP 3: File the Articles of Organization for your West Virginia LLC.

You must complete Form LLD-1 – Articles of Organization with the Secretary of State to register your West Virginia LLC. You may submit your application online, via mail, fax, email, or in person.

STEP 4: Draft an Operating Agreement for Your West Virginia LLC

Although an operating agreement is not necessary to incorporate an LLC in West Virginia, it is a good idea to have one.

What exactly is an operating agreement? An operating agreement is a legal document that outlines an LLC’s ownership and running processes.

Why are operating agreements necessary? A detailed operating agreement guarantees that all firm owners are on the same page and decreases the likelihood of future disagreement.

STEP 5: Apply for a West Virginia LLC EIN.

What exactly is an EIN? EIN is an acronym that stands for Employer Identification Number. EINs are nine-digit numbers provided by the Internal Revenue Service (IRS) to companies to assist them be identified for tax reasons. It is basically a business’s Social Security number.

Obtaining an EIN is included in the registration procedure on the WV One Stop Business Portal if you file your LLC online.

An EIN is also known as a Federal Employer Identification Number (FEIN) or a Federal Tax Identification Number (FTIN) (FTIN).

Why do I need an EIN? An EIN is necessary in order to:

Establish a business bank account.
Filing and managing federal and state income taxes
Employ people

What if my single proprietorship already has an EIN?

When transitioning a sole proprietorship to an LLC, the IRS demands a new EIN.