How to Set Up an LLC in West Virginia

Please Note: While I’ve ensured accuracy based on available info, you should always verify details with official state sources, as processes and fees can change.

How to Set Up an LLC in West Virginia: A Step-by-Step Guide

Starting a business is an exciting journey, and forming a Limited Liability Company (LLC) in West Virginia is a smart choice for many entrepreneurs. An LLC offers personal liability protection, tax flexibility, and a straightforward setup process. Whether you’re launching a small side hustle or a full-fledged company, this guide will walk you through the steps to establish your West Virginia LLC in 2025. Let’s dive in!

Step 1: Choose a Unique Name for Your LLC

Your LLC’s name is its identity, so pick something memorable and unique. West Virginia has specific naming rules to follow:

The name must include “Limited Liability Company,” “Limited Company,” or an abbreviation like “LLC” or “L.C.”
It can’t imply it’s a different type of entity (e.g., no “Corp” or “Inc.”).
It must be distinguishable from other registered businesses in the state.

Action Item: Check name availability using the West Virginia Secretary of State’s Business Organization Search tool at: https://apps.sos.wv.gov/business/corporations/.
If your desired name is taken, tweak it until it’s unique. Want to lock it down before filing? Reserve it for 120 days for $15 via the One Stop Business Portal at: https://onestop.wv.gov/.

Pro Tip: While you’re at it, see if your name is available as a web domain (e.g., through
Google Domains or
GoDaddy) to secure your online presence early.

Step 2: Appoint a Registered Agent (Optional but Recommended)

A registered agent receives legal documents and official notices on behalf of your LLC. In West Virginia, this step is optional—by default, the Secretary of State acts as your agent if you don’t designate one. However, appointing a specific agent can keep your address private and ensure timely delivery of important papers.

Requirements:

Must be a West Virginia resident or a business entity authorized to operate in the state.
Must have a physical address in West Virginia (no P.O. boxes).

Action Item: You can be your own agent if you meet the criteria, or hire a service like Northwest Registered Agent (https://www.northwestregisteredagent.com/) for $125/year. They’ll even let you use their address for privacy.

Step 3: File the Articles of Organization

This is the big one—the document that officially creates your LLC. You’ll submit the Articles of Organization to the West Virginia Secretary of State.

What You’ll Need:

LLC name
Registered agent info (if applicable)
Whether it’s member-managed or manager-managed
Business purpose (keep it broad unless required otherwise)
Principal office address

Cost: $100 filing fee ($0 for veterans or those under 30 via the Young Entrepreneurs Act Waiver, though other fees may apply).

Action Item: File online through the WV One Stop Business Portal at
https://onestop.wv.gov/
for a $1 portal fee, or download Form LLD-1 from
https://sos.wv.gov/business/Pages/Forms.aspx
and mail it to:

West Virginia Secretary of State, 1900 Kanawha Blvd. East, Bldg. 1, Suite 157-K, Charleston, WV 25305.

Processing takes 5-10 business days normally, or 24 hours with a $25 expedited fee.

Step 4: Obtain a Business Registration Certificate

Before your LLC can operate, you need a Business Registration Certificate (BRC)—West Virginia’s version of a general business license.

Cost: $30 per location.

Action Item: Apply online via the WV One Stop Business Portal at
https://onestop.wv.gov/,
or mail Form WV/BUS-APP to:

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

Find the form at https://tax.wv.gov/Business/BusinessRegistration/. This certificate doesn’t expire unless your business details change.

Step 5: Get an Employer Identification Number (EIN)

An EIN is like a Social Security number for your business, required for taxes, banking, and hiring employees. Even if you’re a single-member LLC with no employees, you’ll need one to open a business bank account.

Cost: Free!

Action Item: Apply online at the IRS website:
https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online.
It’s instant and takes about 5 minutes.

Step 6: Create an Operating Agreement

While not required in West Virginia, an Operating Agreement is a must-have. It outlines ownership, management structure, profit distribution, and what happens if a member leaves. It’s your LLC’s rulebook and can protect you in disputes or court.

Action Item: Draft one yourself using a free template from sites like
LLCUniversity
or hire a service like LegalZoom (https://www.legalzoom.com/)
for a custom version ($99+). Keep it with your records—no need to file it with the state.

Step 7: File a Beneficial Ownership Information (BOI) Report

New federal rules under the Corporate Transparency Act require LLCs formed in 2025 to file a BOI report with the Financial Crimes Enforcement Network (FinCEN) within 30 days of formation. This discloses info about owners and key decision-makers.

Cost: Free.

Action Item: File online at
https://www.fincen.gov/boi.
For LLCs formed in 2024, you have until 90 days post-formation (a temporary extension).

Bonus Steps: Keep Your LLC Running Smoothly

Open a Business Bank Account: Use your EIN and Articles of Organization to separate personal and business finances.
Check for Additional Licenses: Depending on your industry, you may need local or state permits. Search requirements at
https://onestop.wv.gov/.
File Annual Reports: Due by June 30 each year, $25 fee, submitted via
https://onestop.wv.gov/.

Final Thoughts

Setting up an LLC in West Virginia is straightforward if you follow these steps. Total startup costs range from $130-$150 (excluding optional services), and you can handle it all yourself with the resources above. Prefer a helping hand? Companies like Northwest ($39 + state fees,
https://www.northwestregisteredagent.com/)
or LegalZoom ($149 + state fees,
https://www.legalzoom.com/)
can streamline the process.

Ready to launch your West Virginia LLC? Get started today and turn your business dreams into reality!

Disclaimer

The information provided on this page is for general informational purposes only and should not be considered legal, tax, or financial advice. While we strive to ensure the accuracy and timeliness of the content, laws and regulations regarding LLC formation in West Virginia may change. It is always recommended to consult with a qualified attorney, accountant, or business professional to ensure compliance with current state and federal requirements.

West Virginia Media Lab is not responsible for any errors, omissions, or outcomes resulting from the use of this information. By using this guide, you acknowledge that you do so at your own risk. External links provided are for convenience and informational purposes only; we do not endorse or guarantee the accuracy of third-party content.

For official information and legal requirements, please refer to the West Virginia Secretary of State’s website or other official government resources.