West Virginia LLC Startup Guide

1. Name your West Virginia LLC

Pick a unique name. Naming your West Virginia limited liability company comes first. If you’re ready to start a new business, you’ve likely put some thought into how to do this. Now is the time to narrow down which name you’d like to use.

State law guides the naming of businesses in the Mountain State, so you’ll need to make sure that the name you choose for your West Virginia LLC abides by these requirements:

• The name must be distinguishable from any other company already registered with the state. To see whether your name is available, follow the instructions on our West Virginia business name search page.
• The name must be different from any other reserved or registered name.
• The name must end with “Limited Liability Company,” “Limited Company,” “L.L.C.,” “LLC,” “L.C.,” or “LC.” Additional acceptable abbreviations include “Ltd.” for “Limited” and “Co.” for “Company.​”

Matching Domain Name

It’s also a smart move to consider using your West Virginia LLC’s name for a domain name at this time. A domain name is the website address at which your customers can find your goods or services. It can be used as your official business email address, too.

A simple domain name search will show you if the company name, or any close variation of it, is available to use. We have a tool to help you do a preliminary domain name search, and our domain name registration service can help you secure the online name that will best serve your company.

State and Federal Trademarks in West Virginia

The West Virginia Secretary of State may approve your desired LLC name, but they don’t check for trademarks. It could be a real pain if you set up your business, its signage, marketing materials, etc. only to be slapped with a trademark infringement lawsuit later.

To make sure you’re entirely in the clear with your desired business name, visit the United States Patent and Trademark Office website and do a search to make sure your business name or logo isn’t already federally trademarked.

Trademarks can also happen at the state level, so you’ll also want to make sure that no state trademarks exist on your planned LLC name. To find out more and/or apply for a state trademark, go to the West Virginia Secretary of State website page for trademarks. There you can conduct a state trademark search.

Reserving a Business Name for a West Virginia LLC

Once you’ve made sure your LLC name is available in West Virginia and on the internet, you have the option of reserving it so that no one else can use it before you can officially launch your business. An LLC name reservation with the West Virginia Secretary of State protects your company’s name for 120 days from the filing date.

There’s a fee involved for filing an LLC name reservation. It’s important to note and remember a unique West Virginia requirement: The person who reserves the name on the state’s application must be the same person who signs the initial business startup documents.

You’ll have to submit the completed filing to one of the business centers listed on the application. You can email your application to CorpFilings@wvsos.gov, fax your document, or drop it off in person. 

Filing a DBA in West Virginia

Another thing to consider after you register your LLC name is whether you want to use a trade name. In West Virginia, a trade name is any name under which you conduct business that is different from your LLC’s official and legal name. This type of name is also known as a “doing business as” (DBA) name or fictitious name. An LLC only needs to use a trade name if you want to:

• Operate under a different name
• Use a shortened version of the official name
• Drop the ending “Limited Liability Company” or any abbreviation of such

There are no limits to the number of trade names a company or person can register. There’s a fee involved for trade name registration with the state. The registration allows you to operate under this name, but it offers no protection against others using the same name to do business.

2. Appoint a registered agent in West Virginia

Designate a registered agent. A registered agent is an individual or business entity appointed to receive legal documents (such as subpoenas) and certain state correspondence on your company’s behalf. All registered business entities in West Virginia must appoint and maintain a registered agent throughout the life of their business, the details of which become public record.

The requirements for a West Virginia registered agent are:

• They must be a resident of West Virginia, a domestic corporation, another limited liability company, or a foreign corporation or foreign company authorized to do business in this state.
• They must be available Monday through Friday during normal business hours at a physical street address. No P.O. or virtual mailboxes are acceptable.

You can be your own registered agent, but you may not want to be. Having to always be available to receive legal correspondence can keep you tied down to the office, unable to go meet with clients or take vacations, and being served with a lawsuit in front of clients is never good for business.

Using a Registered Agent Service in WV

Hiring a specific West Virginia registered agent service, such as our third-party partner, may provide you with the peace of mind you’re looking for.

You’ll designate your registered agent and detail their contact information in your Articles of Organization, as explained in the next step.

3. File West Virginia Articles of Organization

Complete and submit your LLC paperwork. Your Articles of Organization form is a legal document that you must complete and file with the state to start your LLC in West Virginia officially. To file your Articles of Organization, you’ll need the following information:

• The name of the West Virginia LLC
• Whether the company will be an LLC or professional LLC (see list below)
• The address of the principal office of the company, including the county
• The address of the initial physical office of the company in West Virginia (if any)
• Mailing addresses of principal and physical offices if different from office addresses
• The name and address of the registered agent
• Email address for business correspondence
• Website address of business (if any)
• Information about any other business you own or operate in the state
• The name(s) and address(es) of the LLC organizer(s)
• Whether the LLC will operate indefinitely or for a set period
• Whether the LLC will be managed by members (owners) or managers, plus names and addresses of all members (if managed by members) or managers (if managed by managers)
• Whether LLC members or the company is liable for the debts, obligations, and liabilities of the company (most choose to have the company be liable)
• The purpose or purposes of forming your LLC (explains the type of business activities you’ll conduct)
• If the purpose of your LLC is to be a consumer litigation financier
• If the business is a scrap metal dealer
• Provisions that may be set forth in the operating agreement
• The requested effective date of the articles
• If the LLC is veteran-owned
• Contact person in case of any problems with the application

Professional Limited Liability Company in West Virginia

Your LLC is considered a professional limited liability company (PLLC) if you practice one of the following professions:

• Accountant
• Acupuncturist
• Architect
• Attorney-at-law
• Chiropractor
• Dentist
• Engineer
• Land surveyor
• Optometrist
• Osteopathic physician or surgeon
• Physician
• Podiatrist
• Psychologist
• Social worker
• Veterinarian

There is a fee of $130 involved for filing your Articles of Organization. Veteran owners can have this fee waived if they meet certain requirements and file a waiver form. Veterans must submit a DD 214 form from the Department of Veterans Affairs with their Articles of Organization, too. Entrepreneurs under the age of 30 also qualify to have this fee waived.

You can submit your Articles of Organization by email, fax, in person, or online.

All of that being said, filing official government documents like this can be intimidating and/or complicated for many people, which is why we’re here. With our business formation plans, our professionals handle the filing for you to make sure it’s done quickly and correctly the first time.

Keep all your new LLC formation documents in one place

If you have us handle filing your Articles of Organization, once the state approves your LLC, your paperwork will be available from your ZenBusiness dashboard, where you can keep it and other important paperwork digitally organized.

WV LLC business kit

Once you get your physical paperwork back from the state approving your new LLC, you’ll want to keep it in a safe location along with your other important documents, such as your operating agreement, member certificates, contracts, compliance checklists, transfer ledger, etc.

We offer a customized business kit to help you keep these important documents organized and looking professional.

4. Create an operating agreement

Draft an LLC operating agreement. An operating agreement is a document that outlines how your LLC will operate. It details all the rules, procedures, and regulations that all members and/or managers must abide by.

West Virginia law doesn’t require you to file an agreement; however, creating one and having all members sign it can help protect your personal assets because it’s one more piece of evidence showing that you and the LLC are truly separate entities. The agreement can also help solve future issues between members.

A West Virginia operating agreement can include information such as:

• Each member’s initial investment in the company
• Distribution of profits
• Member succession plans
• What events may cause the dissolution of the LLC and how to handle the dissolution

West Virginia LLC Operating Agreement Template

To help get you started, we offer a customizable operating agreement template.

5. Apply for an EIN

Get an Employer Identification Number (EIN). An EIN is a tax ID number issued to businesses by the Internal Revenue Service (IRS). Obtaining an EIN is necessary to do things such as hire employees and pay taxes. It’s also a requirement for any business with multiple owners. It’s a way for the government to identify your LLC and apply the proper taxes. An EIN is also commonly referred to as a Federal Tax Identification Number.

You can get your West Virginia LLC’s EIN through the IRS website, by mail, or by fax, but if you’re unfond of dealing with that particular government agency, we can get it for you. Our EIN service is quick and eliminates the hassle.

State Tax Registration

When you apply for your West Virginia Business Registration Certificate (see the next step), the State Tax Department will establish a tax account for your LLC. They’ll provide you with the appropriate tax reporting forms so you’ll know which West Virginia business taxes you’ll need to pay.

Open a business bank account for your West Virginia LLC

Once you’ve secured an EIN, you’ll be able to open a business bank account. Having separate accounts for your business and your personal banking is critical for sorting out your finances at tax time and helps you avoid commingling funds.

Commingling funds can not only make your taxes more difficult but it could also be used against you if someone takes you to court to challenge whether you and your LLC are truly separate entities.

Banking services for your new West Virginia LLC

We offer a discounted bank account for your new business. This allows for unlimited transactions, online banking, a debit card, and more. When you want to authorize others in your business to use the account, we offer a banking resolution template to simplify the process.For further help managing your new business’s finances, try ZenBusiness Money. It can help you create invoices, receive payments, transfer money, and manage clients all in one place.

6. Obtain a West Virginia Business Registration Certificate

Apply for a West Virginia Business Registration Certificate. After completing your registration with the West Virginia Secretary of State, but before conducting business in West Virginia, you must obtain a Business Registration Certificate from the State Tax Department for your LLC. You can file an application through the Business for West Virginia Online Portal. You can also file via mail by completing and sending a BUS-APP form to the Tax Commissioner at:

West Virginia State Tax Department
Tax Account Administration Division
Registration & Account Correction Unit
P.O. Box 2666
Charleston, WV 25330-2666

The state charges a small registration tax, which will need to be submitted at the time of filing for your certificate. There’s an additional fee when you file through the online portal.

We can help

At ZenBusiness, we believe every aspiring entrepreneur should have the tools and support necessary to create a business, which is why we’ve made it easy with our free LLC service. We handle the complexities of starting an LLC in West Virginia, while you focus on your business. Along with LLC formation, we provide Worry-Free Compliance services and more to help keep your business in good standing. With expert support on hand every step of the way, we have what you need to run and grow your business effortlessly.

So, whether you’re starting an IT firm in Charleston or a furniture store in Morgantown, join the hundreds of thousands of businesses we’ve helped launch. Contact us today to get started.