Get an Operating Agreement for your new LLC

Form your West Virginia LLC for free!

 

IT'S QUICK AND EASY

FormLLCDirect provides entrepreneurs and business owners with direct access to the tools and information needed to form your West Virginia LLC for FREE!

STEP 1
CHECK NAME AVAILABILITY FOR YOUR WEST VIRGINIA LLC

Generally, a limited liability company ("LLC") in West Virginia may use any permissible name that is not the same as or deceptively similar to existing corporations, partnerships, limited partnerships, or other LLCs. You may verify that the name you have selected for your new West Virginia LLC is available. There is no fee for this service.

West Virginia LLC Check Name Availability

STEP 2
FORM YOUR WEST VIRGINIA LLC

A West Virginia limited liability company is formed by filing a document called The Articles of Organization with the West Virginia Secretary of State.

The filing fee for the Articles of Organization is $100.00. Make the checks or money orders payable to “Secretary of State”.

Mail completed forms and payment to:

Secretary of State
State Capitol Building
1900 Kanawha Blvd. East
Charleston, WV 25305-0770
Tel: (304) 558-8000

To complete The Articles of Organization you must include:

  1. The name of the LLC. The name must include the words limited liability company, LLC or L.L.C. at the end of the entity name.
  2. The name and address of the registered agent. You may not use a PO Box. A registered agent must be an individual residing in the state, a domestic corporation or a foreign corporation authorized to do business in the state. The registered office is typically the business office of the registered agent. It need not be the same office of the LLC’s business office. If you or one of the members of the LLC has an address in the state you may use that address for register agent purposes.
  3. The name and address of each organizer having authority to execute instruments on behalf of the limited liability company is required. One or more persons may organize a limited liability company.
  4. The LLC will have a date of dissolution (term) or will be an at-will company (indefinite).
  5. Whether the LLC will be managed by members or managers and list their respective addresses. If the LLC will have only one owner, typically the LLC will be member -managed. However, if the LLC will have more than one owner (multi-member), the LLC will typically be managed by one or more member appointed managers. Therefore, in the case of a multi-member LLC, it is common for the LLC to be manager-managed.
  6. Whether the members will be liable for the debts and obligations of the LLC. Note: it is extremely uncommon for the members to be liable for the debts and obligations of the LLC. All statutes uniformly hold that members of an LLC are not liable for a debt, obligation, or liability of the LLC unless there are personal guarantees.
  7. The purpose for forming the LLC. An LLC may list any lawful purpose.
  8. The effective date of filing. It is common to select the effective date to be the date of filing.
  9. If applicable, the number of acres the company desires to hold in West Virginia. If your company holds more than 10,000 acres of land, you must submit a fee of 5¢ for each acre over 10,000. If the LLC will not be holding any acres of land simply select none.
  10. The signature of manager of a manager-managed company, member of a member-managed company, person organizing the company, if the company has not been formed or attorney-in-fact for any of the above.


File the Articles of Organization Online

File the Articles of Organization by Mail

 

STEP 3
GET A CUSTOMIZED WEST VIRGINIA OPERATING AGREEMENT


It is extremely important that every West Virginia LLC has an LLC Operating Agreement. The LLC Operating Agreement is the core document that is referred to when issues concerning the LLC need to be resolved. The LLC Operating Agreement reflects the agreement among the members with respect to the affairs and management of the LLC, as well as governs the relationship amongst the members of the LLC.

 

STEP 4
GET AN EIN FOR YOUR NEW LLC


An Employer Identification Number (EIN) is also referred to as a Federal Tax Identification Number. The EIN is generally used to identify a business entity. In general, every business requires an EIN.

Receive your entity's EIN for FREE in minutes

 



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