Nonprofit organisations in West Virginia will almost certainly need to designate and have a registered agent.
A registered agent receives any official documents from the State of West Virginia, as well as any service of process that may be served on a firm in a lawsuit.
Table of Contents
What Exactly Is a West Virginia Process Server?
An agent for service of process is a professional who will represent your company to the West Virginia Secretary of State while you do business. Service of process agents are known as registered agents, resident agents, or statutory agents in certain states.
Typically, your agent for service of process will receive letters on your behalf, such as compliance information and tax alerts. Process service agents are also in charge of taking service of process papers. This simply means that if your organisation is sued, your agent for serving of process will receive the court summons and papers on its behalf.
The following are the criteria for serving process agents in West Virginia:
They might be either native or international persons or businesses.
Individuals must be residents of West Virginia.
To operate in West Virginia, businesses must be registered.
They must have a physical address in West Virginia (not simply a P.O. box).
During normal business hours, they must always be accessible at the specified physical location.
In West Virginia, may I act as my own process server?
As long as they satisfy the conditions specified above, any anyone may act as your nonprofit’s agent for serving of process. You may opt to serve as your nonprofit’s agent for service of process; alternatively, you may appoint a member of your board of directors or a trustworthy friend.
If you choose to serve as your organization’s agent for process service, you must grasp the significance of the job. If you miss a filing date or misplace a document, your nonprofit’s compliance status may be jeopardised, and the Secretary of State may revoke your nonprofit’s corporate registration.
Many organisations and other companies engage a professional registered agent service to guarantee that their company is always in compliance.
Should My West Virginia Nonprofit Use a Registered Agent Service?
Before you choose a West Virginia registered agent service, think about the benefits and drawbacks of this technique.
Advantages
There are various reasons why you should consider employing a registered agent service for your nonprofit organisation. This strategy, in particular, can:
Save Time: When you initially establish your West Virginia charity, you must concentrate on doing everything possible to ensure its success. Hiring a registered agent service allows you to concentrate on what matters most while the registered agent service handles all incoming mail and official notifications. Furthermore, they will often remind you of approaching key files or deadlines.
Protect Your Personal Privacy and the Reputation of Your Company: Unfortunately, your company may face a lawsuit at some point. All service of process notifications will be sent to a business address if you engage a professional registered agent service. If you function as your own process server, law enforcement officers may deliver these notifications to your home or workplace, depending on the address on file.
Registered agent services are used to receiving and correctly processing legal documentation, in addition to preserving your privacy and the reputation of your firm. This will assist to guarantee that your company does not lose a lawsuit on a technicality because you failed to submit anything on time or handled something incorrectly due to a lack of understanding of how the legal system operates.
Ensure that your business mail is handled promptly: Because a registered agent service’s principal function is to act as an agent for service of process for a variety of organisations, you can be certain that any mail they receive will be addressed quickly. They will also be accessible during regular business hours to address any queries you may have concerning these papers.
Maintain Your Nonprofit’s Compliance: You must keep your organisation in compliance with the State of West Virginia and the federal government (assuming you successfully petition for 501(c)(3) registration). Hiring a registered agent service can assist you avoid missing any filings.
Provide Convenience: Process servers must be present at their specified address throughout business hours. That is, using a registered agent service will enable you to take time off as required and work on a flexible schedule if wanted.
Provide National Serve: If you believe your organisation may desire to expand nationally, choose a national registered agent service that will continue to support you as your firm expands.
Disadvantages
The sole downside of using a registered agent service is that it is costly, while you might serve as your own agent for free.
Is a Professional Registered Agent Service Required?
While employing a professional registered agent service is a good idea for many reasons, in other cases it is required. If you answered “yes” to any of the following questions, your organisation should use a registered agent service.
Is your non-profit open at odd hours? As previously stated, your nonprofit’s agent for service of process must be accessible during normal business hours at their indicated address. If your organisation operates outside of typical business hours, you’ll need to engage a registered agent service.
Do you reside in another state? The agent for service of process for your nonprofit must be a resident of the state in which it is formed. If you are not a resident of West Virginia, you must appoint a West Virginia agent for service of process to represent your organisation.
Is your charity now or will it be situated in many states? If your organisation now operates in many states or intends to do so in the future, you must select a registered agent in each state where it will do so. You must employ a registered agent service since you cannot be in two locations at the same time.
Will you continue to function without a physical address? If you want to run your charity entirely online or without a physical location, you will lack a business address to provide on your Articles of Incorporation and other crucial legal papers. Hiring a competent registered agent allows you to include their actual address on all papers.
How Do I Select an Agent for Process Serving in West Virginia?
When you file your West Virginia nonprofit’s Articles of Incorporation, you must name an agent for service of process. In West Virginia, the fundamental nonprofit creation document is the Articles of Incorporation.
Nominating an Agent for Process Service Online
You may register your nonprofit’s Articles of Incorporation and pay the $25 filing fee online at the West Virginia Secretary of State’s website. You may designate your nonprofit’s agent for service of process when you complete the Articles of Incorporation online.
Nominating an Agent for Process Service by Mail, Fax, Email, or in Person
To create your West Virginia nonprofit by mail, fax, email, or in person, download Form CD-1NP – Articles of Incorporation, complete it completely, and return the original plus one copy to the West Virginia Secretary of State, along with the $25 filing fee. In Article 4, you will provide the name and contact information for your process server’s agent.
How Do I Change My Nonprofit’s Process Server in West Virginia?
Simply access the form on the Secretary of State’s web site and pay the $15 filing fee to officially alter your West Virginia nonprofit’s registered agent.
Conclusion
When you work at a charity, you have more essential things to worry about than monitoring the mail, submitting legal paperwork, and remembering compliance deadlines. That is what a process serving agent can accomplish for you. When you engage a professional registered agent service, you can put these responsibilities in their skilled hands and completely concentrate on what is most important to your firm.