File your LLC’s Articles of Organization in West Virginia using SunDoc Filings. We make daily trips to the Secretary of State office. Unlike other filing services, we handle all filings on an expedited basis. We never mail in your documents and we always have a live voice to help.
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Your filing is now on its way! If we receive your West Virginia LLC's Articles of Organization by noon M-F, your filing will be submitted the same day it was received. The date submitted will become the file date of your new entity. The Secretary of State office will take at a few weeks to process routine orders. Keep in mind that if you mail the document to the state yourself, like many filing services do, you will have to wait SEVERAL MONTHS. When the state is approves your document, they will issue a state entity number and a certified copy We will immediately fax or email the filed document to you. We will return the certified copy via regular mail. FedEx is available for an additional fee.
Your Post-Filing Responsibilities
File a Statement of Information: After the Articles of Organization are filed, the Secretary of State requires that you file a Statement of Information. The Statement of Information, includes the business and mailing address of the entity, the names and addresses of the members, the agent for service of process, and a brief description of the business. We can file this for you; simply add it to your order.
Employer Identification Number: If you would like, we can obtain your EIN for your new West Virginia LLC. Simply add it to your order or fill out our online EIN order form and we will obtain the EIN within 24-48 hours.
West Virginia LLC Kit: Our LLC Kits include a custom binder, 20 customized membership certificates, printed minutes, operating agreement, LLC seal embosser, and FedEx 2nd Day shipping. You can order the West Virginia LLC kit at the time of filing or if you prefer, you can place the order individually at our Corporate/LLC Kit order page.
The SunDoc Filings Advantage
- We have filed thousands of documents since 1999
- All filings received by 12 p.m. PST are submitted same day
- Most filing companies mail in your filings
West Virginia LLC Formation Guidelines
The Limited Liability Company must contain the words must contain the words “limited liability company” or “limited company” or the abbreviation “L.L.C.”, “LLC”, “L.C.” or “LC”. “Limited” may be abbreviated as “Ltd.” and “company” may be abbreviated as “Co.”” respectively. An available name may be reserved for a 120-day period. The filing fee is $15.
ORGANIZERS / MEMBERS
A limited liability company can be formed by any one or more persons and can be formed with one (1)or more members.
The Articles of Organization must set forth that either the limited liability company is an “At-Will Company” or state a specific term of duration.
The members of a limited liability company may adopt and maintain a separate operating agreement. The agreement may contain any provisions regarding the affairs and conduct of the business of the company to the extent such provisions are not inconsistent with the laws of the West Virginia or the Articles of Organization.
PROCESS AGENT AND OFFICE
The limited liability company must maintain a process agent and office to receive service of process in West Virginia.
Submit to the Secretary of State two (2) executed originals of the Articles of Organization. The Secretary of State returns one (1) copy “File” stamped as evidence of filing. Submit to the West Virginia Department of Tax and Revenue a Business Application for Registration Certificate before the engages in any business activity in the State of West Virginia.
ESTIMATED OFFICIAL DISBURSEMENTS
$100 filing fee for Articles of Organization
$25 (prorated in the same set forth below) for the Initial Annual Fee of Secretary of State as Attorney-in-Fact.
MONTH PRORATION MONTH PRORATION
January 100% - $25 July 60% - $15
February 100% - $25 August 50% - $12.50
March 100% - $25 September 40% - $10
April 90% - $22.50 October 30% - $7.50
May 80% - $20 November 20% - $5
June 70% - $17.50 December 10% - $2.50
Ongoing Requirements West Virginia requires companies with a principal office outside West Virginia to file an annual report plus a $10 attorney-in-fact fee between January 1 and April 1 of each year following the calendar year in which the limited liability company began business in West Virginia. If a company fails to file, it may result in administrative dissolution.
Reports are due from all domestic LLCs formed on or before December 31st. The due date is by end of business June 30th of each year. Annual Report notification is mailed or emailed by Secretary of State in January of each year. Blank forms will not be available on the state website, as West Virginia is encouraging the use of online filing. Therefore, customers will need to either file online or contact the office by email at email@example.com or by telephone at 1-866-767-8683 to request an annual report form be sent to them. The report requires update of managers or members authorized to sign filings, addresses & agent of process, and other information the Secretary of State deems necessary and important. Filing fee is $25, and $125 if received after due date.
Licenses & Registrations
The West Virginia Secretary of State is responsible for administering several types of licenses and registrations. The links below provide information regarding the different types.
Visit Business for West Virginia, West Virginia's online business exchange, to search for licenses by category or word search, and find links to the agencies that administer those requirements for licenses, permits, registrations and other authorizations required for specific activities in the state. At that site, select Apply for Licenses/Permits to begin your search.
West Virginia LLC Frequently Asked Questions