How to Change Registered Agent in West Virginia – A Complete Guide

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Change registered agent in West Virginia

Change Registered Agent in West Virginia: A registered agent in West Virginia is a point of contact between your LLC and the state. You must appoint a Registered Agent when you form an LLC in West Virginia. At any point in time, you might need to replace/change your Registered Agent in West Virginia. When it comes to changing the registered agent in West Virginia, it is a straightforward method. To change your Registered Agent in West Virginia, one has to submit the statement of change of the Registered Agent. It can be filed online or by mail.

In this article, you will learn how to change registered agent in West Virginia. Also, you will get to learn when and why you have to change your Registered Agent, appointed for your West Virginia LLC.

What is Registered Agent in West Virginia

The West Virginia Registered Agent, appointed by the limited liability company, is a person who receives all the legal documents on your company’s behalf. To become a registered agent in West Virginia, one must meet the following requirements,

  1. The person must be or above 18 years old
  2. The person has to be a permanent resident of West Virginia
  3. The person should have a legal permit to conduct business in West Virginia
  4. The person must be available during business hours at the designated office address in West Virginia

You can also be your own registered agent in West Virginia. However, it is not wise to be your own agent as it can divert your attention from the core of your business.

How to Change a Registered Agent in West Virginia

To change the Registered Agent in West Virginia, one has to file the statement of change of the registered agent. You must pay the filing fee of $15 to complete your application. To file for the Statement of Change of Registered Agent and Registered Office Address with the West Virginia Secretary of State, you can opt for any of the following methods:

Online Filing

To file the statement of change of registered agent in West Virginia online, you must search for the appropriate online form. You can file your change of Registered Agent statement online if the online form is available through the Secretary of State. Follow the below-given instructions:

  • Visit the West Virginia Secretary of State’s official website
  • Log in to the portal using your credentials.
  • You will find the ‘Update’ option in your dashboard if the online update option is available.
  • Click on the ‘update’ option to find the ‘registration’ option.
  • You will get an online form (or in PDF format)
  • Fill out the form (or download it on your PC, then fill it out) with the old and new registered agent’s details.
  • Submit (or upload) the completed form to the portal.
  • In the next section, you will get payment details (if applicable) and pay the fees using a credit card.

Your online updation is done! It takes some time to update the details on the portal. Once it is updated, your new registered agent can start conducting business on your behalf.

Filing Through Mail or In-person

If you want to file the statement of change of registered agent via mail or in person (if available), then you should follow the rules. For in-person or mail filings, you need to download the West Virginia Change of Registered Agent Notice (PDF) from the official website of the West Virginia Secretary of State. Complete the form by filling in all the information about the LLC and both (new and existing) registered agents. The form has to be signed by the new registered agent. This will provide the consent of the new agent. Once completed, submit it to the below-mentioned address:

Important LinksSubmit Offline Form
Change of Registered Agent – Online
West Virginia Change of Registered Agent Notice – PDF
West Virginia Registered Agent – Requirement		Eastern Panhandle Business Center, 229 E. Martin St., Martinsburg, WV 25401

Fee: The filing fee charged for changing the West Virginia registered agent is $15. This fee will be paid to the West Virginia Secretary of State by check or credit card.

If you hire a Registered Agent service, filing the Statement of Change would be much easier. Also, the registered agent will help you with the consent letter the new registered agent has to sign. LLCBuddy editorial team suggests a list of the best LLC services that offer registered agent services. Some of them offer standalone registered agent services.

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Registered Agent Consent Letter in West Virginia

The registered Agent’s Consent letter is a document that a new registered agent must submit along with the formation document. It is a statement that the agent submits upon agreeing to work with the LLC. When you change the Registered Agent, you must also submit the consent letter signed by the new agent. In many states, submitting the Change of Registered Agent form does the job; sending any additional consent document to the SOS is unnecessary. However, there are many states where you must submit the consent letter separately and pay a certain fee (if applicable). This consent must include the following details-

  • LLC name
  • A letter that says the person gives consent to serve the LLC as a registered agent
  • The execution date
  • Name of the registered agent
  • Signature of the registered agent

In West Virginia, there is no separate Consent Letter to be produced to the Secretary of State . You must get the Statement of Change of Registered Agent form, fill it out, and submit it to the SOS. The agent must sign the form or self-attest. It is proof that the new Registered Agent has given the nod to provide their services to the LLC. An additional filing fee (or expedited fee) might be charged. Check West Virginia Secretary of State for fee details.

Why Do You Need to Change a Registered Agent in West Virginia

There can be several reasons why LLCs want to change their registered agent in West Virginia. Some of the main and most important reasons are listed below,

Be Your Own Registered Agent

A very common reason is that if anyone wants to be his/her own registered agent. Any LLC owner can be the registered agent himself/herself as per the West Virginia Secretary of State. So, you may want to change the registered agent and become one yourself for your LLC. In that case, you must submit the change form with your details.

Want to Hire a Professional Registered Agent

You may have designated yourself or someone from the family as the registered agent for your LLC in the initial phase. But with expansion in business, your roles and responsibilities also expand. You may not be present at the office during working hours. And a registered agent is required to be available in the office. So, you must hire a registered agent who could replace you.

Existing Registered Agent Resigns

If your current registered agent resigns or your service provider is out of business, you can change your Registered Agent in West Virginia. You must change the registered agent if the existing one resigns or is out of service.

Forming foreign LLC

This is to be noted that a person is eligible to be a West Virginia Registered Agent only if they are the West Virginia resident. So, if you are forming a foreign LLC in West Virginia, you might need to change your registered agent because not all registered agents are eligible to work in different states. 

FAQs

Why would I want to change my registered agent in West Virginia?
There may be various reasons such as dissatisfaction with current agent, move to a new location, or restructuring of business.
How can I change the registered agent of my West Virginia business entity?
You can file a Change of Registered Office or Agent form with the West Virginia Secretary of State, either online or by mail.
What is the fee for changing registered agents in West Virginia?
The fee for filing a Change of Registered Office or Agent form in West Virginia is $25.
Is there any specific form to be filled while changing registered agent in West Virginia?
Yes, you need to fill out a Change of Registered Office or Agent form and submit it to the West Virginia Secretary of State.
Can I change my registered agent online in West Virginia?
Yes, you can electronically file your Change of Registered Office or Agent form through the West Virginia Secretary of State’s website.
Can I fax the Change of Registered Office or Agent form to the West Virginia Secretary of State?
No, fax filing is not a valid mode of submission for this form.
What information do I need to provide while changing registered agents in West Virginia?
The new registered agent’s name, address, and email address (if available) must be provided in the form.
What is the registered agent’s role in West Virginia?
The registered agent is the point of contact for receiving legal correspondence and other official notifications for a business entity in West Virginia.
Can I be my own registered agent in West Virginia?
Yes, as long as you have a physical street address located in West Virginia that is available for service of process during normal business hours.
What are the qualifications for a registered agent in West Virginia?
The registered agent in West Virginia must be an individual or an entity authorized to do business in the state, with a physical address where legal correspondence can be delivered.
Can I change my West Virginia registered agent anytime I wish to?
Yes, you may change your West Virginia registered agent at any time by submitting a Change of Registered Office or Agent form to the Secretary of State.
How will I know if the West Virginia Secretary of State has approved my request to change my registered agent?
You will receive an acknowledgment or confirmation letter from the West Virginia Secretary of State once the processing is completed.
Do I have to inform my previous registered agent that I’m changing it in West Virginia?
It’s not mandatory, but it’s recommended that you inform your previous registered agent about the change to avoid any potential legal or administrative problems.
If I change my registered agent in West Virginia, do I also need to file another form such as an Annual Report?
No, changing your registered agent in West Virginia does not require you to file any additional documents besides the Change of Registered Office or Agent form.
Can I change both registered office and registered agent at the same time in West Virginia?
Yes, you may update both the registered office and the registered agent information on the same form when you change your registered agent in West Virginia.
How soon will the change of registered agent take effect in West Virginia?
The change of registered agent will take effect immediately upon processing of the Change of Registered Office or Agent form by the West Virginia Secretary of State.
Can a West Virginia business entity have multiple registered agents?
No, a West Virginia business entity must have only one registered agent at a time.
What happens if I fail to change the registered agent information in West Virginia?
Failure to keep the registered agent’s information updated and current can result in missed legal notifications, fines, penalties, or even losing your business entity status.
Can I change my registered agent to an out-of-state agent in West Virginia?
Yes, you can change your West Virginia registered agent to an agent located outside of the state provided they have a physical address in the state and is authorized to do business in West Virginia.
How can I search for registered agents in West Virginia?
You can search for West Virginia registered agents on the Secretary of State’s website using the “Business Entity Search” tool.
Does the registered agent need to consent to being appointed in West Virginia?
Yes, the potential agent needs to provide their written consent before they can be appointed as the registered agent in West Virginia.
What if my registered agent cannot be located or out of town when legal documents are delivered in West Virginia?
You need to set up a system where someone else can accept the documents on behalf of your business entity from your registered agent’s office in your absence.
Can I change my West Virginia registered agent to a PO box address?
No, you cannot use a PO box as the registered agent’s address in West Virginia.
Do I need an attorney to change my West Virginia registered agent?
No, you do not require an attorney to change your West Virginia registered agent.
Will my business entity name change after changing the registered agent in West Virginia?
No, changing your West Virginia registered agent does not have any impact on your entity’s name.
Can I be sued if I forget to change the registered agent’s information after moving in West Virginia?
Yes, it is essential to keep the registered agent’s information up to date as it’s the official point of contact for the business entity for legal matters in West Virginia.
Is there a penalty or fee for not reporting a change of registered agent in West Virginia?
Yes, there can be potential penalties and late fees for not reporting a change of registered agent in a timely way in West Virginia.
How can I be sure that my registered agent in West Virginia is trustworthy?
Do your due diligence by researching the potential registered agent’s reputation, business experience, online reviews, and feedback from other clients in the state.
What is a registered agent in West Virginia?
A registered agent in West Virginia is an individual or entity that is designated to receive legal documents on behalf of a business entity.
Can I change my registered agent myself in West Virginia?
Yes, you can change your registered agent yourself in West Virginia by filing a Change of Registered Office or Registered Agent form with the West Virginia Secretary of State.
What is the deadline for changing my registered agent in West Virginia?
The deadline for changing your registered agent in West Virginia depends on the type of company you have. For most companies, the deadline is within 30 days of the change.
How much does it cost to change my registered agent in West Virginia?
The cost of changing your registered agent in West Virginia varies depending on the type of business entity.
How long does it take to change my registered agent in West Virginia?
Once you file the necessary documents with the West Virginia Secretary of State, the process can take up to two to four weeks for the change to be reflected in the state’s records.
Do I need to give notice to my current registered agent before I change to a new agent in West Virginia?
Yes, you are required to give your current agent notice in writing before changing to a new agent in West Virginia.
Can I personally serve as my company’s registered agent in West Virginia?
Yes, if you are a resident of West Virginia and can accommodate regular business hours, you can serve as your company’s registered agent.
Can a company serve as its own registered agent in West Virginia?
Yes, a company can serve as its own registered agent in West Virginia, as long as it has a physical street address in the state.
Can a friend or family member be my registered agent in West Virginia?
No, in West Virginia, a registered agent must be an individual or entity with a physical address in the state.
What does a registered agent do in West Virginia?
In West Virginia, a registered agent is responsible for receiving and forwarding important legal and tax documents on behalf of a business entity.
Do I need a registered agent in West Virginia if I am a small business owner?
Yes, all business entities in West Virginia are required by law to have a registered agent with a physical address in the state.
Can I use a post office box as my registered agent address in West Virginia?
No, in West Virginia, a registered agent must have a physical street address in the state.
Can I change my registered agent to a different company in West Virginia?
Yes, you can change your registered agent to a different company in West Virginia, as long as the new agent meets the qualifications required by the state.
What should I look for when choosing a new registered agent in West Virginia?
When choosing a new registered agent in West Virginia, you should look for a reputable company with a solid track record of providing quality service.
Do I need to provide a reason for changing my registered agent in West Virginia?
No, you are not required to provide a reason for changing your registered agent in West Virginia.
What is a Change of Registered Office or Registered Agent form in West Virginia?
A Change of Registered Office or Registered Agent form is a legal document used to change the registered office or agent for a business entity in West Virginia.
Can I change my registered agent by phone or email in West Virginia?
No, you cannot change your registered agent by phone or email in West Virginia. You must file a formal Change of Registered Office or Registered Agent form with the Secretary of State.
Do I need to list my registered agent on my company’s website in West Virginia?
No, you are not required to list your registered agent on your company’s website in West Virginia.
Can I change my registered agent with the West Virginia Secretary of State online?
Yes, you can change your registered agent with the West Virginia Secretary of State online by email, mail, or in person at their office.
Does changing my registered agent affect my business in West Virginia?
Changing your registered agent does not affect your business in West Virginia, but failing to have a registered agent could result in legal repercussions for your entity.
Can my West Virginia registered agent also be my legal representative?
No, your registered agent is not your legal representative and cannot provide legal advice or services.
Can a member of my business entity serve as its registered agent in West Virginia?
Yes, a member of a business entity can serve as its registered agent in West Virginia, as long as they meet the requirements to do so.
Who can sign a Change of Registered Office or Registered Agent form in West Virginia?
A Change of Registered Office or Registered Agent form must be signed on behalf of your business entity by a person authorized to do so.
What happens if I don’t change my registered agent in West Virginia within the deadline?
If you don’t change your registered agent in West Virginia within the deadline, you could face fines, penalties, and potential legal repercussions.
How often can I change my registered agent in West Virginia?
There is no limit to how often you can change your registered agent in West Virginia, but doing so frequently can be seen as suspicious business behavior.
Can my West Virginia registered agent resign from their roles as my registered agent?
Yes, your West Virginia registered agent can resign from their role as your registered agent, as long as proper notification is given to your entity and the Secretary of State.
Can a West Virginia resident who is not affiliated with my business be my registered agent?
Yes, a West Virginia resident who is not affiliated with your business can be your registered agent, but you will need to provide an agreement or signed statement outlining their willingness to act as your agent.
What information do I need to provide on a Change of Registered Office or Registered Agent form in West Virginia?
You must provide your business entity name, the new registered agent’s name and address, and the signature of a person authorized to act on behalf of your entity on a Change of Registered Office or Registered Agent form in West Virginia.

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In Conclusion

During your business, you may arrive at a point where you need to change the registered agent. The need may arise when the existing agent wants to quit, or you are terminating the existing agent or expanding your business. Changing the West Virginia registered agent can be necessary in various situations. It is quite simple as it can be done online and through mail filing. This article has it all. If you have any queries about changing a registered agent, you can drop a comment below in the box.


About Author & Editorial Staff

Steve Goldstein, founder of LLCBuddy, is a specialist in corporate formations, dedicated to guiding entrepreneurs and small business owners through the LLC process. LLCBuddy provides a wealth of streamlined resources such as guides, articles, and FAQs, making LLC establishment seamless. The diligent editorial staff makes sure content is accurate, up-to-date information on topics like state-specific requirements, registered agents, and compliance. Steve's enthusiasm for entrepreneurship makes LLCBuddy an essential and trustworthy resource for launching and running an LLC.

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