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Form a West Virginia LLC (Limited Liability Company)

West Virginia LLC Formation Service $99!*

Start Your Formation — $99 + state fees West Virginia Registered Agent

West Virginia LLC Formation Service $99!*

*Plus state fees for all 50 States and D.C. Prices may vary for USA territories.

FORM YOUR WEST VIRGINIA LLC

InCorp leads the industry by supplying cost-effective and cutting-edge services in forming new Corporations, West Virgina Limited Liability Companies (LLCs), or any other forms of legally recognized business structures. Our services are provided throughout the entirety of the United States, even including the District of Columbia, the U.S. Virgin Islands, and Puerto Rico.

What Is an LLC?

A West Virginia Limited Liability Company (or LLC) is a specific form of business that integrates different beneficial features of corporations, partnerships, and sole proprietorships into a flexible and simple business structure that is widely favored and chosen by many small businesses.

How Can Forming a West Virginia Limited Liability Company Help Your Business?

  • Easy to Manage

    The LLC structure is based on businesses having the freedom to contract. This signifies that owners only need to agree amongst themselves on how the company will operate, and this agreement can be upheld in court. With an LLC, annual board meetings, amendments, meeting minutes, and resolutions are not required by law, as is the case with corporations. Corporations that do not comply with these laws can lose the corporate structure's asset and liability protection in most states. Nevada is an exception, as the corporate veil cannot be pierced (except for fraud) if these corporate processes are not performed. Again, your unique circumstances will determine whether an LLC or a corporation is best for you.

  • Tax Advantages

    LLCs legally separate the business owners from their businesses (similar to a corporation) but can still choose to be treated like a partnership for tax purposes. In this instance, an LLC wouldn't pay any tax itself; the income would be passed through to the owners in the same fashion as partnerships. The tax rules applied to partnerships are more flexible than corporations, allowing for more freedom in tax planning. Businesses can look for creative ways to take advantage of every possible tax break they may qualify for. Each business's specific situation will indicate whether an LLC or a corporation is the most appropriate for tax purposes.

  • Ability to Raise Capital

    Suppose a business chooses to structure itself as an LLC. In that case, it will have the ability to easily add new owners (called members) to the company, and there is no limit to how many members/investors can be added. These additional members/investors can be comprised of individuals, corporations, trusts, or pension plans and do not need to be within the same state or even within the country. An LLC or corporation can also be formed in a state where its creators do not reside. For instance, you could create an LLC in the pro-business state of Nevada without ever physically having been to that state yourself.

  • Liability and Asset Protection

    Today's business world commonly and frequently witnesses an abundance of lawsuits, and this is why it is important to protect yourself by implanting legal safeguards between you and your creditors. As separate entities, LLCs separate businesses from their owners, therefore creating a legal barrier that defends owners against certain risks. LLC owners are not personally liable for their business's debts, even those related to a contract or tort. To a large degree, the operating agreement can allow the agreeing parties to include any procedures or rules they would like to and, once it is put into effect, it can exist as it is with no maintenance. The operating agreement's initial drafting is critical because it needs to comply with all IRS and state regulations in order for the LLC to be taxed as a partnership and not as a corporation.

  • Co-Owner Liability

    In all U.S. states, LLC owners (members) are not typically held personally liable for another co-owner's or employee's wrongdoings. Corporations also protect this type of personal liability, while partnerships and sole proprietorships do not.

    Suppose an LLC is held responsible for negligence or wrongful actions of an employee or another owner. In that case, it can have financial assets or property taken from it due to an unfavorable judgment against it. The innocent LLC members will not be held personally liable; however, the owner or employee who perpetrated the act can be held personally responsible for their actions.

"InCorp helped me navigate the details and potentially confusing amount of filing and paperwork that I would have otherwise had to figure out for myself. For a small business (or even larger) this was invaluable."

T SF

Why choose InCorp Services to form your West Virginia LLC?

  • Help Prevent Corporate Identity Theft

    EntityWatch® advises you of changes to help prevent corporate identity theft. Through EntityWatch®, the innovative and proprietary technology developed first by InCorp, our information system ties into most of the state databases to give you up-to-date information on the status of your entities including the filing status, the current registered agent, officers, and directors.

  • Consolidate Expenses

    For multi-state companies, you will receive a consolidated bill for all your business entities in every state represented.

"Great customer service - friendly, timely response, and super helpful! Highly recommend."

Gabriella R.

"The experience was extremely smooth. They answered all my requests promptly and guided me through the process. I strongly recommend InCorp."

Kelwin F.

  • Save Money

    For over 20 years we have provided top-tier service with one of the lowest prices in the industry and have only raised our prices one time (while many of our competitors raise their prices on their long-term clients yearly!) Our standard fee to Form your LLC is $99 and to serve as your West Virginia registered agent is only $129 per state per year! And you can save even more when you choose multi-year registered agent service.

  • Fast Support and Service

    Over-the-counter expedited business document filing service are available for most states. Receive notification of all service of process forms in real-time and receive said service of process within 24-hours of receipt via Express Mail, facsimile, or email.

  • File Correctly with Expert Assistance

    InCorp allows our clients to choose between filing online utilizing our safe and or working with our knowledgeable and dedicated team of business specialists to complete the LLC formation process. The flexibility and options we offer our customers, our cutting-edge business technologies, the extensive territory in which we provide our service, and our enthusiasm to produce high levels of customer satisfaction are what sets us apart. These factors distinguish InCorp as the preference of business owners across the entirety of the United States. Experienced business operators continue to select InCorp for their LLC registration and registered agent services.

  • Registered Agent Service in West Virginia & Nationwide

    Like other business structures, Limited-Liability Companies generally need a registered agent to comply with the law. InCorp will happily help you in this regard.

    Take advantage of the legal protections afforded to you and your business!

"I made a request via email and quickly received a response... It was a very pleasant experience and great customer service!"

Michelle R. H.

Still unsure whether to choose an LLC for your business?

Whichever structure you choose, it should be chosen for the right reasons. Take our two-minute entity quiz to see which structures businesses like yours commonly choose — and review the details on our Compare Entity Types page.

When embarking upon creating a new business, it is necessary to understand your options in LLC formation. By picking InCorp, you can place your confidence in knowing that our experienced business specialists will assist you, from start to completion, with the entire process of registering your business with the state. Not only can we provide you with a broad and comprehensive understanding of how your business structure will benefit you and your business, but we will also do it while beating out any competitors' prices for LLC creation, incorporation or any other business products or services we offer our customers.

Read our Why Should I Incorporate page or Compare Entity Types page for more information.

InCorp will beat any competitor's price* on any product or service!

Call (800) 2-INCORP now for a free consultation

How to order an LLC with Registered Agent Service

Other helpful information on forming corporations in West Virginia:

Corporation or LLC Formation

$99 plus state fees

Filed in West Virginia by people who do this every day.

Start Your Formation

We will beat any competitor's price on registered agent service.

Step by Step Guide: How to Start a West Virginia LLC

A limited liability company is a business entity that provides liability protection, certain tax advantages, and a simple, user-friendly management structure. Due to LLCs' ease of operation, they are commonly preferred by small businesses. However, creating an LLC will require that you complete certain processes, which include correctly filing paperwork with the West Virginia Department of Commerce. The following will serve as a step-by-step guide detailing the steps to form an LLC in West Virginia.

Steps to Form a West Virginia LLC

  1. Pick a Name for Your West Virginia LLC
  2. Designate InCorp Services as your Registered Agent
  3. Submit LLC Articles of Organization
  4. Create an Operating Agreement
  5. Receive a Certificate from The State
  6. Acquire a Business License
  7. Obtain a Federal Tax ID Number/Employer Identification Number

1. Pick a Name for Your West Virginia LLC

You will need to have a name that you can use while filing your West Virginia LLC Articles of Organization, and there are certain things you will need to keep in mind in order to make sure that your name complies with the state's LLC naming requirements.

The following list contains some of the things to consider while naming your LLC:

  • Your West Virginia LLC name needs to include LLC, LLC, Ltd. Liability Co., Ltd. Liability Company, or Limited Liability Company.
  • The name of your West Virginia Limited Liability Company must not contain words or acronyms that could confuse it with a governmental entity, such as FDA, EPA, State Department, etc.
  • The LLC name can use the name of a city, town, or state, but it cannot include words such as "city" as it may be confused with a municipal entity.
  • Your LLC name must not be used by another West Virginia LLC within the state.
  • The name of your West Virginia LLC cannot include words such as Corporation, Inc., Trust, Incorporated, etc., that make it sound like a different type of business entity.
  • Including words in the LLC name such as bank, credit union, lawyer, university, etc., may require that you provide certain licensure and documentation.

2. Designate InCorp Services as your Registered Agent

Your West Virginia registered agent's physical address will be publicly available through your Articles of Organization; for this reason, many business owners choose to use a registered agent service in order to keep their physical address private.

All states require that your LLC have a registered agent. A registered agent is a designated individual or legal entity that receives official legal documents, service of process in the case of a lawsuit, and notifications from the state on behalf of your LLC. A registered agent must have a physical address within the state and must be able to receive mail at all times during standard business hours.

You can designate InCorp Services as your registered agent and have the benefits and protection of a professional service provider.

3. Submit West Virginia LLC Articles of Organization

Your Articles of Organization are a public and legal document that is used to establish your LLC by laying out its basic information. You can submit your Articles of Organization online, in person, or by mail.

You will need to have the following information in order to file your Articles of Organization:

  • The business name of your West Virginia LLC.
  • Your registered agent's name and physical address within West Virginia.
  • The purpose and basic description of the company.
  • Management structure: Will your LLC be managed by its members or by designated managers.
  • Contact name and phone number.

Once your Articles of Organization have been approved by the state, your West Virginia LLC will officially be established.

4. Create a West Virginia LLC Operating Agreement

An operating agreement that details the manner in which your LLC will conduct its business. The LLC operating agreement will help outline how your business will function and can help settle any potential disputes regarding financial matters or other issues amongst the LLC's members.

For example, your operating agreement can outline the distribution of control, responsibilities, membership duties, etc. If there is a lawsuit that arises within your LLC without this operating agreement in place, the courts will utilize state law in order to make decisions on the case, which may or may not be in the best interest of the LLC or its members.

Your West Virginia LLC operating agreement can include the following details:

  • The LLC's business name, address, and main contact number.
  • Name and address of the LLC's West Virginia registered agent.
  • Information regarding the LLC's Articles of Organization.
  • Why the LLC was created and what role it seeks to fill.
  • Who the LLC's various members are and what duties they are expected to perform.
  • How financial gains and losses will be divided amongst the LLC's members.
  • How the LLC will add new members.
  • How the LLC will manage departing members.
  • How the LLC will be managed.
  • Liability concerns.

5. Receive a Certificate from the State

Once your Articles of Organization have been filed and approved by the state, you will receive a Certificate of Organization that formalizes the existence of your West Virginia LLC.

If your Articles of Organization were filed through the mail, you should expect to receive this certificate along with your stamped and approved Articles of Organization in the mail. If you filed your Articles of Organization online, you can access and print out your Certificate of Organization and stamped and approved Articles of Organization on the state's online database.

Once you receive this certificate, you will be able to obtain a business license, a Federal Tax ID Number/Employer Identification Number or EIN, and open an LLC bank account.

6. Acquire Local and/or West Virginia Business License

A business license is a government-issued permit that will allow your LLC to conduct business legally within the governmental body's jurisdiction.

Business licenses in West Virginia can be applied for through the state online or through the mail. Depending on the type of business licensing you apply for, it may require that you renew it annually and pay a fee in order to do so. Once you receive your business license, your LLC can lawfully conduct business in the state.

7. Obtain a Federal Tax ID Number/EIN and Open an LLC Bank Account

A Federal Tax ID Number or Employer Identification Number (EIN for short) functions as a social security number for your West Virginia LLC.

It is assigned to you by the Internal Revenue Service and helps identify your LLC for tax filings and reporting. You can apply for a Federal Tax ID Number/Employer Identification Number through the IRS or InCorp can obtain your EIN number for you.

Once you obtain your Federal Tax ID Number/Employer Identification Number, you will be able to do the following:

  • Open a bank account on behalf of your new LLC
  • File and manage your LLC's federal and state taxes
  • Hire employees to work for your LLC

Conclusion

Once these initial steps have been completed, you'll be ready to operate your West Virginia LLC legally. An LLC can provide you legal protection so that you can safely operate your business without jeopardizing your own personal assets. Once your LLC is established, you will be able to do the following:

  • Obtain specific permits and licenses that are relevant and necessary to operate the type of business you own.
  • File your LLC's taxes on the federal and state levels.
  • Apply for business credit cards.
  • Obtain various types of insurance for your LLC.
  • Protect your intellectual property such as your LLC business name and logo with a trademark.

West Virginia Form an LLC FAQs

What is the difference between INC and LLC?
"LLC" and "Corporation" have many of the same characteristics. The most important characteristic they share is that they both offer limited liability protection to their owners. Typically, shareholders are not liable for the debts and obligations of the corporation; thus, creditors will not come knocking at the door of a shareholder to pay the debts of the corporation. In a partnership or sole proprietorship, the owner's personal assets may be used to pay debts of the business. With an LLC, the members are not personally liable for the debts and obligations of the corporation. There are many important differences between the corporation and LLC. The entities are taxed differently. An LLC is a pass-through tax entity. This means that the income to the entity is not taxed at the entity level; however, the entity does complete a tax return. The income or loss as shown on this return is "passed through" the business entity to the individual shareholders or interest holders, and is reported on their individual tax returns. With a standard corporation, the corporation is a separately taxable entity. Corporations are treated as separate legal taxable entities for income tax purposes. Therefore, corporations pay tax on their earnings. If corporate earnings are distributed to shareholders in the form of dividends, the corporation does not receive the reasonable business expense deduction, and dividend income is taxed as regular income to the shareholders. Thus, to the extent that earnings are distributed to shareholders as dividends, there is a double tax on earnings at the corporate and shareholder level.
What is the difference between an "S" corporation and a Limited Liability Company?
In terms of reporting income, they are quite similar. The LLC is somewhat less restrictive than the "S" corporation. There can be any number of members, and there are few restrictions on who those members may be. They are also a relatively new entity, so there is not as great a definitive body of tax rulings on them as there is with corporations.
How do I get started and what information do I need?
Getting started is easier than you think! , or call us at 1-800-2INCORP (1-800-246-2677) today to speak with one of our consultants. We will give you a free consultation with no obligation to purchase!
How long does the process take?
We can begin today and in some cases (like Nevada), have your corporation formed within 24-hours. All states differ in the turnaround time of their processing of your corporation. However, through relations with the various state offices, we strive to maintain the fastest turn-around times in the industry. Call and speak with one of our consultants to obtain the average turn-around time for any given state.
Do I have to be present to sign the paperwork when forming a new LLC?
In most cases, the answer is no. In most states, InCorp assigns itself as the "incorporator" and is able to file all of the paperwork without an officer's signature. Some states require the officer's signatures on the Articles of Incorporation. In those cases, we will overnight the documents to you for your signature and have you return them to us, or use a facsimile signature to fulfill the requirement. In either case, you are not required to be present to form your corporation.
Do I have to have a certain income before it makes sense to form an LLC?
No. This is a common misconception among small-business owners, usually fostered by advice from an inexperienced accountant. Any seasoned advisor will tell you that incorporating is the first and foremost thing you should do when starting a business. Forming an LLC will not only save you taxes but it will also limit your exposure to IRS audits by separating your personal and business expenses.
What are Articles of Organization?
The title of the document filed in many states to register a limited liability company (LLC) with the state. Also known as articles of formation.
What is the purpose and role of "Managers"?
Managers are the individuals who are responsible for the maintenance, administration and management of the affairs of a limited liability company (LLC). In most states, the managers serve a particular term and report to and serve at the discretion of the members. Specific duties of the managers may be detailed in the articles of organization or the operating agreement of the LLC. In some states, the members of an LLC may also serve as the managers.
What is the purpose and role of "Members"?
The owner(s) of a limited liability company (LLC are the Members. Unless the articles of organization or operating agreement provide otherwise, management of an LLC is vested in the members in proportion to their ownership interest in the company.

West Virginia state fees

West Virginia state filing fees by entity type
Entity Type Registered Agent Change Formation State Fee
West Virginia Limited Partnership $0 $125
West Virginia Limited Liability Company $15 $130.68
West Virginia Limited-Liability Partnership $0 $250
West Virginia Non-Profit Corporation $0 $55.68
West Virginia Profit Corporation $0 $130.68
West Virginia S-Corporation $0 $130.68
Foreign Limited Partnership Qualification $0 $150
Foreign Limited Liability Company Qualification $15 $180.68
Foreign Limited-Liability Partnership Qualification $0 $500
Foreign Non-Profit Corporation Qualification $0 $80.68
Foreign Profit Corporation Qualification $15 $130.68

State fees are set by the state and are never discounted. Fees shown are pass-through amounts collected with your order.

Related

West Virginia Registered Agent Form an LLC in all states Which entity is right for me? Foreign Qualification

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