How to File West Virginia Articles of Incorporation

Steve Bennett
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File West Virginia Articles of Incorporation

While filing a new business, preferably a profit corporation in West Virginia, one has to submit Articles of Incorporation. This is an important document that needs to be filled out by the owner with correct information regarding the company to be started. Forming a corporation in the state is a bit complex than starting an LLC in West Virginia. In the following sections, you will get to read about the process, fees, and other related information to file the incorporation documents. It is recommended to consult or hire a professional service before starting a business.

Articles of Incorporation in West Virginia

The Articles of Incorporation are a legal document required to be filed with the state government to legalize the creation of your corporation. In other words, filing these documents with the West Virginia Secretary of State ensures the formation of the corporation in West Virginia officially. Filing articles of incorporation is similar to filing the West Virginia LLC Articles of Organization while forming your limited liability company in the state.

The state has some rules when it comes to filing the Articles of Incorporation in West Virginia, also known as the Mountain State. We shared the step-by-step process here to file the incorporation document with the West Virginia SOS. Checking with the SOS is recommended for more information.

It is always wise to consult a legal professional before you file your company under the West Virginia SOS. FIling process can be easy, but it is sensitive. If you miss anything, it can totally stope the filing process.

– LLCBuddy Editorial Team

How to File West Virginia Articles of Incorporation

You can file the Articles of Incorporation in several ways, depending on the state in which you are willing to start your corporation. In West Virginia, you can file it in two ways, online and by mail. The details are similar to the details you need when forming an LLC. Here are the details you must submit while filing the documents-

Step 1: Get the Form and Enter the Details

The first thing to do is find the form (PDF or online), and fill it up with correct information. Get the form from the West Virginia Secretary of State and send it back to the concerned department along with the filing fee.

The following are the details you must add to your incorporation form-

Name of the Entity

The first thing you need to do is submit your company’s name. Make sure to mention the exact name of the company that you decided on. Like the LLC naming guidelines, you must also follow the West Virginia corporation naming requirements. There are a few points to note when you name your company. They are,

  • You cannot have a name used by other companies or businesses.
  • You cannot have any name that is misleading or the same as a government organization.
  • Banks, Insurance, Insurer, or any such names cannot be used as they reflect the financial organization.
  • You must add terms like corporation, limited, company, incorporated, or incorporation. You can also add abbreviations like co., ltd., inc., and corp instead of the above terms.

Address of the Corporation

The next section of the form is to provide your main address. It is necessary to have a physical street address in West Virginia. For those running an online business, you must provide an address in the state (including your home address) where you will receive all the business and legal documents and mail. While sharing your address, make sure not to use abbreviations, such as N.Y. for New York or L.A. for Los Angeles.

West Virginia Registered Agent

The next point is to provide information about the Registered Agent. The West Virginia Registered Agent is an individual or business entity that is responsible for receiving all the legal and official documents on behalf of the company. They must be aged above 18 years and have the eligibility to conduct business in the state. The Registered Agent should be legit and experienced because, in case of any lawsuit, you need an expert to handle your issues. In most cases, the Registered Agent’s official address is the company’s official mailing address. If you form an LLC, hiring a registered agent is the most crucial step in the process.

Shares and Stocks

The next important information you must provide is about the stocks and shares. While filing the Articles of Incorporation, you must mention a minimum of one share. In West Virginia, to start a corporation, you need at least three directors initially. When filing the incorporation documents, you must provide the number of directors in the corporation. It decides the ownership of the company.

If you amend West Virginia Articles of Incorporation in the future, you will not be able to change the initial directors. You might need an additional form to change the initial directors’ details. You must check with the West Virginia SOS while filing the Articles of Incorporation amendment.

Additional Documents

You might need additional documents to submit along with the incorporation documents. In West Virginia, you can attach a cover letter with the documents as an additional document. If you are willing to start a foreign corporation in West Virginia, then you must add one document along with the Articles of Incorporation. Foreign corporations in West Virginia must submit the West Virginia Certificate of Existence along with the incorporation documents.

Signature

Finally, the signatures of the directors and shareholders are required on the form. You can have more than one share and be a director. All your initial directors must submit their official signatures while filing the corporation in West Virginia. Get their signatures to file the Articles of Incorporation.

Step 2: Submit the Articles of Incorporation in West Virginia

Once you are done filling out the form, it is time for you to submit it. The form can be submitted in two ways, online and by mail. Checking with a legal professional or a formation service while filing your corporation is recommended. It is sensitive, and one mistake can stop the entire filing process immediately.

  • Online filing: Create an account/Log in to the SOS site, get the e-form, fill it out, and submit online. Or get the online PDF, fill it out, and upload it back on the site.
  • Offline filing: Send the form by mail to Eastern Panhandle Business Center, 229 E. Martin St., Martinsburg, WV 25401

Cost of Filing the Articles of Incorporation in West Virginia

The cost of filing the Articles of Incorporation in West Virginia is an important aspect to consider when starting a new business. This one-time fee is necessary for officially registering your corporation with the Secretary of State and can vary depending on the specific requirements and regulations of West Virginia. In some cases, additional fees may be required for expedited processing or other optional services. It is crucial for entrepreneurs to budget for this expense and research the specific costs associated with their West Virginia in order to ensure a smooth and successful incorporation process. To file the Articles of Incorporation in West Virginia, you must pay a filing fee. The filing fee is $100 for online and by mail filing.

FAQs

Where can I find the forms to file articles of incorporation in West Virginia?
The West Virginia Secretary of State’s website www.sos.wv.gov provides all the necessary forms and instructions for filing Articles of Incorporation.
What is the filing fee for Articles of Incorporation in West Virginia?
The filing fee for Articles of Incorporation in West Virginia is $50.
How long does it take for West Virginia to process Articles of Incorporation?
The processing time for Articles of Incorporation in West Virginia is typically 3-5 business days.
What information is required for filing Articles of Incorporation in West Virginia?
The information required for filing Articles of Incorporation in West Virginia includes the name of the corporation, the type of corporation, the street address of the corporation, the purpose of the corporation, the duration of the corporation, the name and address of the registered agent, and the signatures of two incorporators.
What is the legal name of the corporation that needs to be used in the Articles of Incorporation in West Virginia?
The legal name of the corporation needs to be used in the Articles of Incorporation in West Virginia. The name must be distinguishable from any other existing business entity on file with the Secretary of State.
What type of corporation can be formed in West Virginia?
West Virginia allows domestic corporations and foreign corporations to be formed.
What is the purpose of filing Articles of Incorporation in West Virginia?
The purpose of filing Articles of Incorporation in West Virginia is to create a legal entity for business activities.
What is the duration of the corporation that needs to be specified in the Articles of Incorporation in West Virginia?
The duration of the corporation needs to be specified in the Articles of Incorporation in West Virginia. The duration can either be perpetual or a fixed duration.
Who can act as the registered agent for a corporation formed in West Virginia?
The registered agent for a corporation formed in West Virginia must be a natural person or business entity that is authorized to do business in the state and has a physical address in West Virginia.
What documents are required to be provided with the Articles of Incorporation in West Virginia?
Any documents required to be provided with the Articles of Incorporation in West Virginia must be filed with the Secretary of State. This may include documents such as the initial directors’ consent, initial registered agent’s consent, or organizational minutes.
What is the penalty for failing to file the annual report in West Virginia?
The penalty for failing to file the annual report in West Virginia is a late fee of $25.
Is there a fee for amending Articles of Incorporation in West Virginia?
Yes, there is a fee of $50 for amending Articles of Incorporation in West Virginia.
Is a professional registered agent required for a corporation formed in West Virginia?
No, a professional registered agent is not required for a corporation formed in West Virginia.
Can Articles of Incorporation in West Virginia be filed online?
Yes, Articles of Incorporation in West Virginia can be filed online through the Secretary of State website.
What is the initial franchise tax required for a corporation formed in West Virginia?
The initial franchise tax required for a corporation formed in West Virginia is $25.
What is the annual franchise tax required for a corporation formed in West Virginia?
The annual franchise tax required for a corporation formed in West Virginia is $25.
What are the requirements for holding meetings in West Virginia?
The requirements for holding meetings in West Virginia vary depending on the type of corporation. Generally, meetings must be held at least once a year and must be conducted in accordance with the corporation’s articles of incorporation and bylaws.
Is there a minimum number of directors that must be appointed for a corporation formed in West Virginia?
Yes, the minimum number of directors that must be appointed for a corporation formed in West Virginia is three.
What is the process for dissolving a corporation in West Virginia?
The process for dissolving a corporation in West Virginia includes filing Articles of Dissolution with the Secretary of State, notifying all creditors, and settling all debts and liabilities.
What type of information is required to be included in the Articles of Dissolution for a corporation in West Virginia?
The information required to be included in the Articles of Dissolution for a corporation in West Virginia includes the name of the corporation, the names of the all the incorporators, the date of the filing of the Articles of Incorporation, and the signature and address of each incorporator.
What other documents need to be filed when dissolving a corporation in West Virginia?
Other documents that may need to be filed when dissolving a corporation in West Virginia include a Certificate of Dissolution to the West Virginia Secretary of State and filing a final tax return with the West Virginia State Tax Department.
Is a certificate of good standing required for a corporation in West Virginia?
Yes, a certificate of good standing is required for a corporation in West Virginia to ensure that all the necessary filings have been made and all fees have been paid.
How can I obtain a certificate of good standing for a corporation in West Virginia?
A certificate of good standing for a corporation in West Virginia can be obtained by filing a request with the West Virginia Secretary of State.
Is there a fee for obtaining a certificate of good standing in West Virginia?
Yes, there is a fee of $25 for obtaining a certificate of good standing in West Virginia.
Does West Virginia allow for the formation of “S” Corporations?
Yes, West Virginia allows for the formation of “S” Corporations.
What are the requirements for maintaining a corporation in West Virginia?
The requirements for maintaining a corporation in West Virginia include filing an annual report, keeping records of all meetings and documents, and paying all required taxes and fees.
Does West Virginia require corporations to have bylaws?
Yes, West Virginia requires corporations to have bylaws.
What are the requirements for the bylaws of a corporation in West Virginia?
The requirements for the bylaws of a corporation in West Virginia include the number of directors, the qualifications of directors, the powers of directors, and the manner of conducting meetings.
Are non-profit corporations allowed in West Virginia?
Yes, non-profit corporations are allowed in West Virginia.
What is the filing fee for a non-profit corporation in West Virginia?
The filing fee for a non-profit corporation in West Virginia is $50.

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Conclusion

In conclusion, the process of filing West Virginia Articles of Incorporation is a crucial step for businesses looking to establish their presence in the state. This legal document serves as the foundation of the company’s structure and outlines essential information, such as the company’s name, purpose, and management team. To ensure a smooth and successful filing process, it is vital for business owners to familiarize themselves with the State of West Virginia’s requirements, adhere to the applicable laws and regulations, and provide accurate and complete information in the Articles of Incorporation.

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