How To Form an LLC In West Virginia
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1. Choose a Name for Your West Virginia Limited Liability Company
Check for an Available Name for the LLC in West Virginia: To form an LLC in West Virginia, you will need to choose an available name for your LLC. As you are preparing to file Articles of Organization, you should perform a search of online databases and other records to make sure that the name that you want to use is not already being used by another company. The official website of the West Virginia Secretary of State at West Virginia LLC has a database of business entities that you can search.
Reserve a Name for Your West Virginia LLC: Though it is not required to reserve a name for your LLC, it might be a good idea to reserve a name if you do not plan to file Articles of Organization right away. Download the application at West Virginia LLC. The fee is $15.00 to file the application. The name that you submit will remain reserved for a period of 120 days.
Filing for Trademarks Protection and Doing an LLC Name Search: During your search for an available name, you might find out that the name that you want to use is not being used in West Virginia but is being used by an LLC is another state. It is best to consult an attorney so that you find out about possible restrictions on your use of the name that you have chosen. You can find more information about choosing a name for your LLC at how to choose a name for your llc___.
West Virginia LLC Name Requirements: In West Virginia, every LLC must include the designation "LLC," “L.L.C.,” or "Limited Liability Company” in its name. The “C” in “LLC” stands for “Company,” not “Corporation,” since LLCs should not be confused with corporations. LLCs and corporations are two distinct types of business organizations.
2. Find a Registered Agent in West Virginia
To form an LLC in West Virginia, you will need to choose a registered agent to act as an agent for service of process. Your registered agent will receive tax forms, official documents, and legal notices for your LLC. You may choose an adult resident of West Virginia as your registered agent or you may use the services of a corporate services company. Corporate services companies offer registered agent services for LLCs and corporations for a fee of around $75.00 to $150.00.
3. File Articles of Organization with the West Virginia Secretary of State
Minimum Requirements for the Articles of Organization: The Articles of Organization that you file for your West Virginia LLC needs to include the name and purpose of your LLC, the address of your initial designated office, the name and address of your registered agent, the business e-mail address, and the name and address of each organizers, member, and manager of the LLC. The Articles of Organization must be signed by the organizer before you submit the document to the Secretary of State. Download a form for this document online at West Virginia LLC.
Other West Virginia Legal Provisions: You can include additional provisions in your Articles of Organization. It is best to have a lawyer assist you in the preparation of your Articles of Organization so that you are sure to include the additional provisions that are the most advantageous for your company.
Where to Submit the Articles of Organization for Filing: Send the signed original Articles of Organization document to the Secretary of State, 1900 Kanawha Blvd E., Bldg. 1, Suite 157-K, Charleston, WV 25305.
Filing Fee: The filing fee for Articles of Organization in West Virginia is $100.00.
4. Form a West Virginia Limited Liability Company Agreement (Operating Agreement)
Though you must file Articles of Organization to form your LLC, there is another document that will be very important in the day-to-day operations of your LLC. LLC Agreements govern operations of an LLC and the actions of its members much the way that by-laws govern corporations. Your LLC Agreement should be tailored to the specific needs of your company. It may be helpful to reflect on the purpose of your LLC. Was the LLC formed to run a restaurant or a retail store, a technology start-up or a construction company? Reflect on your plans for the day-to-day operations of the LLC. Who is investing the initial capital? Will additional capital be mandatory or optional? Will the members be organized as a board or as a committee? Will the company be managed by a manager or by the members? How will you distribute money among the members? LLC Agreements can be quite complex. It is best to consult a lawyer and an accountant so that you can be sure to create an LLC Agreement that complies with all state requirements and federal tax laws.
You should also plan to make securities filings for your LLC, obtain an EIN from the IRS, and apply for a business license. You may want to use the services of a corporate services company. Corporate service companies can provide forms and help you make these important filings. You can find information about applying for a business license in your city at http://www.cityapplications.com/business-licenses.html.
5. Qualify Your West Virginia LLC to Do Business in Other States
Some kind of registration or qualification is generally required in order for your LLC to do business in other states. This means that if the main office of the company is located outside your home state, you must qualify your LLC in order to do business in that state. Be prepared to pay taxes in your home state whenever you do business in other states. You can find information about qualifying your LLC to do business in other states at [Qualifying to Do Business in Other States].
6. Make Annual Filings and Pay Annual Taxes in West Virginia
West Virginia requires that you file an annual report for all LLCs and encourages businesses to file the report electronically at West Virginia LLC. The fee is $25.00 for the annual report if submitted on time. You will also be required to file a tax report each year and pay taxes for your LLC. You can find more information about the taxes that will apply to your LLC at the official website of the West Virginia State Tax Department at West Virginia LLC.
You will find that there are various choices to be made in the process of forming an LLC in West Virginia. It is best to consult an accountant and an attorney so that you can know that forming an LLC is the right choice for you and that all your paperwork is being processed correctly.
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