West Virginia is business-oriented, with over 113,000 businesses currently operating.
This proves that forming an LLC in the state is a good idea, and you will be privy to a friendly environment once you begin operation.
However, you must follow specific steps to ensure your business stays compliant with the law and gets registered as soon as possible.
As a legal attorney with over a decade of experience in the field, I will explain how long it takes to form an LLC in West Virginia and how you can do it.
Quick Summary
- It takes around 5–10 business days to form a limited liability company in West Virginia.
- Most business filings in West Virginia are online via the WV One Stop Business Portal, with mail only available for specific filings.
- You must file annual reports for your LLC with the West Virginia Secretary of State to prove your company is still operating.
How Long Does It Take To Form An LLC In West Virginia?
It takes around 5–10 business days to form an LLC in West Virginia if you are filing online.
However, creating your LLC through paper registration could take much longer.
You can also use the expedited service to form an LLC in West Virginia in mere hours, but you will need to pay an extra fee.
West Virginia LLC Processing Time
The West Virginia Secretary of State offers several ways to file for an LLC.
They include the following:
1. Online Filings
If you choose the online option, you must file a registration form with the Secretary of State through the official business portal of West Virginia. With online filings, you will need to pay a $100 filing fee, and you can expect your LLC Articles of Organization to get processed within 5–10 business days.
2. Paper Filings
If you choose to file by paper, you must contact the West Virginia Secretary of State to complete the appropriate registration applications and pay any associated filing fees.
Bear in mind that using this method will take longer before your Articles of Organization are processed, which is why the West Virginia Secretary of State recommends that new businesses get registered via online filing.
3. Expedited Filings
Expedited filings in West Virginia cost $500 for a 1-hour processing time, $250 for a 2-hour processing time, and $25 for a 24-hour processing time [1].
Registering your LLC using this service requires completing and paying for your online Secretary of State filing.
Once you finish that, download and complete the Customer Order Request form, selecting the level of expedited service (1-hour, 2-hour, or 24-hour), and then send the completed form to [email protected]
Steps To Start An LLC In West Virginia
These are the steps you need to take to start an LLC in West Virginia:
- Check Business Name Availability: Look up an LLC in West Virginia and check to see if your chosen business name is available. Contact the business division for an informal, non-binding name check or conduct an online search via the business organization search system.
- Get a Federal Tax Registration: Apply for a federal tax registration via the Internal Revenue Service (IRS) website, after which you will be given an employer identification number (EIN) for free for opening a business bank account and for tax purposes.
- Register Your Business: This is where you register your business via the online or paper filing method after paying the filing fees using a debit or credit card.
- Decide if You Want to Hire a Registered Agent: LLC registered agents are not required in West Virginia because the legal documents get delivered to the West Virginia Secretary of State, who then forwards them to the LLC. However, you can still get a West Virginia resident agent if you need one.
- Obtain Local Licenses and Permits: You may be required to obtain a local license, business registration certificate, and permit from local government officials before operating within the city or county limits.
- Insurance Requirements: You must maintain employee workers’ compensation insurance coverage since you operate an LLC. You will also need to get other forms of insurance to cover unforeseen emergencies or crises [2].
- Create Your LLC Operating Agreement: Your LLC operating agreement is a contract that specifies the roles and responsibilities of each member. Create one, sign it, and give each member a copy.
- File Your Annual Report: The LLC annual report filing fee is $25 per year, and you must file it using the one business portal on June 30th of every year.
FAQs
Is West Virginia A Good State To Form An LLC?
Yes, West Virginia is a good state to form an LLC. It has quick processing times and is business-oriented with a friendly and protective environment.
How Can I Get An EIN When Forming An LLC In West Virginia?
You can get an EIN when forming an LLC in West Virginia by applying for one via the IRS website, and you will be given one for free immediately.
Do I Need a Business License To Form An LLC In West Virginia?
You do not need a business license to form an LLC in West Virginia. However, you might be required to get a business license for $30 from the state tax department within the city or county of your LLC.
Should You Hire An LLC Service In West Virginia?
You should hire an LLC service in West Virginia because it is vital for your business and will help you register and set it up faster than you would on your own.
Having the best registered agent service in West Virginia is one surefire way to give your LLC that professional look and reputation.
They can provide excellent and affordable services and serve as a point of communication for individuals or businesses wanting to contact your company.
References:
- https://sos.wv.gov/business/Pages/ExpediteService.aspx
- https://business4.wv.gov/startmybusiness/Pages/Insurance-Requirements.aspx
