West Virginia LLC Formation: Step-by-Step Instructions

Starting a Limited Liability Company (LLC) in West Virginia is one of the simplest ways to protect your business legally and financially. With reasonable fees, fast processing, and online registration, entrepreneurs can easily launch their ventures in the state. This guide walks you through each step — from name reservation to compliance — using only verified state and federal sources.

1. Choose a Name for Your LLC

Before you can file, your business name must comply with West Virginia naming regulations.

• Your name must include “Limited Liability Company,” “LLC,” or “L.L.C.”

• It must be unique and distinguishable from other entities registered in the state.

• Check name availability using the West Virginia Secretary of State Business Entity Search.

• If you want to reserve a name before filing, submit an Application for Name Reservation ($15 fee) to hold it for 120 days.

Choosing a clear and compliant name ensures your registration is processed quickly without rejection.

2. Appoint a Registered Agent

Every LLC must list a registered agent with a physical address in West Virginia (P.O. boxes are not accepted).

• The registered agent receives legal notices, tax forms, and state correspondence.

• You may act as your own agent, appoint a trusted individual, or hire a professional service.

• West Virginia allows LLCs to use their principal business address for service of process if preferred.

Having a reliable registered agent helps maintain your LLC’s good standing and ensures important documents are handled properly.

3. File the Articles of Organization

To officially create your LLC, you must file Articles of Organization with the West Virginia Secretary of State.

• Filing fee: $130 (includes $100 for formation + $30 for the Business Registration Certificate when filed online)

• Filing methods: Online through the WV One Stop Business Portal or by mail.

• Processing time: Typically 10 business days for approval (online is faster).

The Articles of Organization must include:

• Your LLC’s legal name

• Registered agent details

• Principal business address

• Management type (member-managed or manager-managed)

• Optional duration and business purpose

Once approved, your LLC becomes legally recognized in West Virginia.

 Still doing accounting the old way? Your competitors aren’t. Counto’s AI handles the boring stuff while experienced accountants ensure everything’s perfect. See the future of accounting here.

4. Obtain a Business Registration Certificate

Every LLC in West Virginia must have a Business Registration Certificate (BRC) from the West Virginia State Tax Department before operating.

• Fee: $30 (one-time, no renewal required)

• How to apply: The BRC application is automatically included when you file online.

Some cities or counties may require local permits or licenses based on your business activities (e.g., food service or professional trades).

5. Create an Operating Agreement

While not mandatory, a West Virginia LLC Operating Agreement is highly recommended to outline internal rules and ownership structure.

This internal document defines:

• Member ownership percentages

• Voting rights and responsibilities

• Profit distribution

• Management and decision-making procedures

• Exit terms and dispute resolution

An Operating Agreement helps maintain your LLC’s limited liability protection and ensures smooth internal operations — especially for multi-member businesses.

6. Apply for an EIN

An Employer Identification Number (EIN) is issued by the IRS and acts as your LLC’s tax ID.

You’ll need an EIN to:

• File taxes

• Open a business bank account

• Hire employees

Apply for free through the IRS website. Approval is instant when completed online.

7. Understand Fee Waivers and Special Programs

West Virginia supports entrepreneurship through special fee waiver programs:

• Veterans and military members (including spouses) may qualify for a free LLC formation — the $100 filing fee is waived.

• Young Entrepreneurs Act: Individuals under age 30 can also form an LLC at no cost.

Note: The $30 fee for the Business Registration Certificate still applies.

These incentives make West Virginia one of the most affordable states to start a small business.

8. Maintain Compliance and File Annual Reports

To keep your LLC active, you must file an Annual Report with the West Virginia Secretary of State.

• Fee: $25

• Due date: Between January 1 and July 1 each year.

• File online: Through the One Stop Business Portal.

Failing to file can lead to late fees or administrative dissolution, so it’s best to set a reminder early each year.

Summary

Forming an LLC in West Virginia involves a few essential steps: choosing a compliant business name, appointing a registered agent, filing your Articles of Organization, and obtaining a Business Registration Certificate. After that, creating an Operating Agreement and getting an EIN will help keep your business compliant and organized.

With total startup costs of $130 and approval times averaging 10 business days, West Virginia offers one of the most straightforward and affordable paths for entrepreneurs to launch an LLC in 2025. Staying compliant with annual reporting ensures your company remains active, protected, and ready for growth.

Modern Accounting That Finally Gets Your Business

Running a small business means wearing too many hats. Your accounting shouldn’t add to that burden. Yet traditional bookkeeping services keep asking the same questions month after month.

Counto delivers outsourced accounting that gets smarter over time. Our AI platform learns your unique business patterns and automatically handles daily transactions, while expert accountants ensure everything’s accurate. With direct WhatsApp access to your Customer Success Manager, you get enterprise-level financial management without the enterprise price tag.

Experience accounting that works as hard as you do. Our small business clients cut bookkeeping time by hours and never miss a tax deadline. Ready for accounting that understands your business? To get started, speak to us directly on our chatbot, email [email protected], or use our contact form.

Here are some articles you might find helpful:

Form LLC in Georgia

Start LLC in Florida

Delaware LLC formation

Register LLC in Connecticut

Start LLC in Colorado