How to File an LLC Articles of Organization in West Virginia


Steve Bennett
Steve Bennett
Business Formation Expert
Steve runs LLCBuddy, helping entrepreneurs set up their LLCs easily. He offers clear guides, articles, and FAQs to simplify the process. His team keeps everything accurate and current, focusing on state rules, registered agents, and compliance. Steve’s passion for helping businesses grow makes LLCBuddy a go-to resource for starting and managing an LLC.

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articles of organization

The Articles of Organization is one of the main documents required while forming an LLC in West Virginia. The document needs to be filed with the Secretary of State in West Virginia to share all the important information related to the limited liability company that is going to be established.

On this page, LLCBuddy editors put all the information together about how to file the Articles of Organization in West Virginia. There might be several ways to file the formation document, online, by mail, fax, or by in-person visit to the office. Let’s dig more to check the available and easy ways in West Virginia to file the Articles of Organization while forming the LLC.

What is an LLC Articles of Organization in West Virginia?

The Articles of Organization for an LLC is the most important document among all. In general, establishing an LLC is much simpler than other types of business structures such as corporation or partnership. Among a few mandatory documents to file, Articles of Organization is one of the main papers.

By submitting the Articles of Organization, the LLC owners provide all sorts of information related to the LLC. Upon approval of the documents and information provided by the LLC, they can register their business with West Virginia Secretary of State.

Each state has a different requirement to fill out a form. The Articles of Organization usually includes the following:

  • The name of the LLC in West Virginia,
  • The effective date of the LLC,
  • The company’s principal office,
  • The business purpose,
  • The duration of the business,
  • A copy of the LLC’s name registration certificate, and
  • The name and address of the Registered Agent, organizers, and
  • At least one member of the company

Note that the Articles of Organization in West Virginia is a legal requirement, not to mention, the core of your LLC. It even makes up the bulk of your West Virginia LLC cost. Without it, you have no LLC. So, take the time to complete and file this certificate.

How to File West Virginia LLC Articles of Organization

Filing an LLC Articles of Organization with the State is easy. There are several ways to file it. As mentioned, the filing can be done online, by sending the PDF form by mail, or by other means (physical visit or fax). Statewise filing methods can be different. Alternatively, hiring a third-party service can make a lot of difference compared to doing it on your own. They help the LLCs to file documents easily without any complications. In West Virginia, the following methods are available.

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Step 1: Find Forms Online

Go to the West Virginia Secretary of State to download the Articles of Organization form for your LLC or to log into the online service.

Step 2: Fill Out Form

When filling out the form, you must have reserved an LLC name. Do a name search. Go to West Virginia LLC Name Search to check whether your chosen business name is available to use in this state.

You must attach a copy of your Name Reservation to your filled-out Articles of Organization form when filing. You also need to mention the name and address of the West Virginia Registered Agent. We recommend the best LLC services in West Virginia that you can choose to form your LLC, hire the Registered Agent, and file the Articles of Organization with the SOS.

If you plan to start an LLC in states other than West Virginia, you must file a foreign LLC in other states. For filing a foreign LLC you can explore the best LLC services that operate in 50 other states along with West Virginia.

What information does the Articles of Organization application need in West Virginia?

The application form for the Articles of Organization needs to include the LLC name, date of establishment, the company’s registered office, business purpose, how long the business will exist, and a copy of the LLC’s name registration certificate.

Step 3: File Formation Certificates

File your formation certificate either online or by mail (whichever is available and convenient for you) by filling out the form and sending it to the Eastern Panhandle Business Center, 229 E. Martin St., Martinsburg, WV 25401. For online filing, you must log in to the West Virginia Secretary of State or register with the portal. Submit the form online (if available).

Pay the required filing fee at the time of form submission to complete the LLC registration. For online filing, payment should be made using Credit or Debit Cards. For offline filing, payment should be made using a Cheque or in cash (if available).

Cost of Filing West Virginia Articles of Organization

cost

LLC cost in West Virginia includes all types of fees starting from name reservation fee, DBA filing fee ($25), Registered Agent costs, and Articles of Organization fee. In West Virginia, the filing fee of a formation document is $100 (Online & by mail). The standard fee for filing the Articles of Organization allows one to file the LLC within the standard time. However, by paying additional fees, you can expedite the process, and can be done as soon as within a few hours (depending on state rules).

Hiring a professional service can reduce some of the costs while filing an LLC. However, the state filing fee is mandatory and has to be paid at the time of registration. We recommend hiring ZenBusiness as it offers filing an LLC at $0 (plus state filing fee).

Amend West Virginia Articles of Organization: If you make any changes to your LLC, you must file the changes with the Secretary of State. To do so, you must Amend West Virginia Articles of Organization. LLCs can get the amendment form, fill it out with the changed/updated information, and send it back to the SOS online or offline.

FAQs

What is an LLC?
An LLC, or Limited Liability Company, is a legal business entity that provides limited liability to its owners.
How do I file Articles of Organization for an LLC in West Virginia?
You can file Articles of Organization for an LLC in West Virginia by submitting the necessary forms to the Secretary of State.
Is there a filing fee for the LLC Articles of Organization in West Virginia?
Yes, there is a filing fee required when submitting LLC Articles of Organization in West Virginia.
Can I file LLC Articles of Organization online in West Virginia?
Yes, you can file LLC Articles of Organization online through the West Virginia Secretary of State’s website.
What information is required in the LLC Articles of Organization in West Virginia?
The LLC Articles of Organization in West Virginia must include the name of the LLC, the address of the LLC’s principal place of business, the name and address of the LLC’s registered agent, and the names and addresses of the LLC’s members or managers.
How long does it take to process LLC Articles of Organization in West Virginia?
The processing time for LLC Articles of Organization in West Virginia varies, but it typically takes a few weeks.
Can I reserve a name for my LLC before filing Articles of Organization in West Virginia?
Yes, you can reserve a name for your LLC by filing a Name Reservation Form with the West Virginia Secretary of State.
Do I need an operating agreement for my LLC in West Virginia?
While not legally required, it is highly recommended to have an operating agreement for your LLC in West Virginia to establish the management structure and operating procedures.
Can I form a Series LLC in West Virginia?
Yes, West Virginia allows for the formation of Series LLCs, which are a type of LLC that can have separate series with their own assets and liabilities.
What is the difference between a member-managed and manager-managed LLC in West Virginia?
A member-managed LLC is managed by the owners (members) of the LLC, while a manager-managed LLC is managed by one or more appointed managers.
Do I need a registered agent for my LLC in West Virginia?
Yes, every LLC in West Virginia is required to have a registered agent who is responsible for accepting legal documents on behalf of the LLC.
How do I change the registered agent for my LLC in West Virginia?
You can change the registered agent for your LLC in West Virginia by filing a Statement of Change of Registered Agent form with the Secretary of State.
Can a foreign LLC do business in West Virginia?
Yes, a foreign LLC (an LLC formed in another state) can do business in West Virginia by registering as a foreign LLC with the Secretary of State.
What annual reports are required for an LLC in West Virginia?
LLCs in West Virginia are required to file an annual report with the Secretary of State, which includes updated information on the LLC’s members, managers, and registered agent.
How do I dissolve an LLC in West Virginia?
To dissolve an LLC in West Virginia, you must file Articles of Dissolution with the Secretary of State.
Can I reinstate an administratively dissolved LLC in West Virginia?
Yes, you can reinstate an administratively dissolved LLC in West Virginia by filing an Application for Reinstatement with the Secretary of State.
Can an LLC convert to a different business entity in West Virginia?
Yes, an LLC in West Virginia can convert to a different business entity (such as a corporation) by following the conversion procedures outlined by the Secretary of State.
Is an LLC required to have meetings in West Virginia?
While not required by law, it is a good practice for an LLC in West Virginia to hold meetings to document important decisions and maintain proper corporate governance.
How are LLC profits taxed in West Virginia?
LLC profits in West Virginia are typically taxed as pass-through income, meaning they are reported on the owners’ personal tax returns rather than at the entity level.
Are there any specific naming requirements for an LLC in West Virginia?
Yes, the name of an LLC in West Virginia must contain the words “Limited Liability Company,” “L.L.C.,” or “LLC,” and cannot include any restricted words without proper approval.
Can an LLC have a corporate structure in West Virginia?
Yes, an LLC can choose to be taxed as a corporation in West Virginia by filing Form 8832 with the IRS.
Are there publication requirements for an LLC in West Virginia?
No, there are no publication requirements for an LLC in West Virginia as there are in some other states.
Can I form a professional LLC (PLLC) in West Virginia?
Yes, licensed professionals, such as doctors or lawyers, can form a professional LLC (PLLC) in West Virginia to provide professional services.
Can an LLC itself act as a registered agent in West Virginia?
No, an LLC cannot serve as its own registered agent in West Virginia; instead, it must appoint an individual or another entity as its registered agent.
Can an LLC sell shares of stock in West Virginia?
Unlike a corporation, an LLC in West Virginia cannot sell shares of stock because it is not a publicly traded entity.
Can an LLC own property in West Virginia?
Yes, an LLC in West Virginia can own real estate, personal property, and other assets in its own name.
Can an LLC in West Virginia have a single member?
Yes, an LLC in West Virginia can have a single member, making it a single-member LLC.
Can an LLC in West Virginia be managed by a board of directors?
No, unlike a corporation, an LLC in West Virginia is not typically managed by a board of directors but instead by its members or appointed managers.
Can an LLC in West Virginia issue preferred stock?
No, an LLC in West Virginia cannot issue preferred stock, as that is typically reserved for corporations.
What is an LLC Articles of Organization in West Virginia?
LLC Articles of Organization is a legal document that establishes the existence of an LLC in West Virginia.

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In Conclusion

The formation document or the Articles of Organization is the main document you need while forming your limited liability company in West Virginia. Certainly, you must attach supporting documents such as a name reservation certificate, registered agent name and address, and others. In West Virginia, filing the Articles of Organization is easy. However, mistakes can happen if you are a beginner or a first-time business filer. It is suggested to hire a professional service.

LLCBuddy editors recommend ZenBusiness, as it not only offers free LLC formation service ($0), but also, offers other services such as Registered Agent, operating agreement, EIN, Certificate of Existence for foreign LLC establishment, business name search, and many more.

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