How to Amend Articles of Incorporation in West Virginia (2025)

Amending the Articles of Incorporation in West Virginia is required if you make any changes to your formed corporation. An amendment is a process through which you report the structural or any change in your corporation to the West Virginia Secretary of State. To do so, you are required to follow a few simple steps. You need to get the amendment form, enter the details of the changes, and submit it to the appropriate address along with the amendment fee.

In this article, we have shared the process in detail. You will learn how to amend West Virginia Articles of Incorporation in easy steps. It will be helpful for you if you read the article till the end.

What is the West Virginia Articles of Incorporation?

The West Virginia Articles of Incorporation is a legal document that you need to file with the Secretary of State while registering your corporation in West Virginia. It is similar to the Articles of Organization you file while creating an LLC in West Virginia. If you already own a corporation in West Virginia, you must know what the Articles of Incorporation is. However, those who are not aware of this document can get all the required details from this page. The Articles of Incorporation is a set of papers that have all the information regarding your corporation and are filed with the Secretary of State. You must pay the filing fees to register your Articles of Incorporation.

This document has information related to your corporation. Details like the name of the corp, principal address, West Virginia Registered Agent details, corporation structure, directors, shareholders, and signature of the incorporators should be mentioned in the document. An online or offline form mentioning these details should be filed with the SOS at the time of forming your corporation. You must pay the filing fee to the state online or by check.

Like forming an LLC, for the corporation, it takes some time to form your business in West Virginia after filing the documents. You can expedite the filing process by paying additional money over the filing fees.

It is good to make changes in your Articles of Incorporation. When you change anything, specifcally the name, it brings good and bad effects to the company. Make sure the name change does not affect your revenue or status adversely.
– LLCBuddy Editorial Team

How to Amend the West Virginia Articles of Incorporation

There are three main steps to file your amendment to the West Virginia Articles of Incorporation. Before you proceed with the steps of filing the form, you must know what changes you can make in your corporation and what changes you cannot. Let’s start with the first step and some related information,

Step 1: Determine What Changes You Need in West Virginia Corporation

Updating your Articles of Incorporation periodically can be beneficial by making necessary changes. However, frequent alterations in structure or name may not be advisable. The first step involves determining which changes are needed and assessing their potential impact. Modifying aspects of your existing business can affect your revenue or client relationships, so it’s crucial to carefully consider whether the changes are truly necessary and what consequences they may bring.

An up-to-date Articles of Incorporation reflects the current status of a corporation in West Virginia. The key elements of your updated Articles of Incorporation may include the advantages of being a Registered Agent, the company’s contact information, and the process for receiving legal notices, among other details.

Step 2: Review the Changes You Made in the Articles of Incorporation

The subsequent step involves reviewing the changes. The West Virginia Secretary of State may request additional supporting documents based on the modifications made to your corporation. After finalizing the changes, you can proceed to draft the West Virginia corporate amendment. Consult with the SOS to determine if any other documents need to be submitted. For instance, if you are changing the business name, you might be required to submit a name change/reservation form along with the West Virginia Corporate Amendment form.

What Can Be Changed in Articles of Incorporation

It is not easy to change things in your business. Besides, there are some restrictions in changing things in your corporation in West Virginia. There are things you can change, but there are things that you cannot change. I have mentioned a few points in this article that you can change above, such as the name, statement of purpose, and the number of shares issued. Now, there are things that you cannot change in the Articles of Incorporation.

What Can not Be Changed in West Virginia Corporate Amendment?

If you started a corporation in West Virginia, you must initially have appointed a Registered Agent. You cannot change the initial registered agent in the Articles of Incorporation Corporate Amendment. You can change it using other methods and forms available in the West Virginia SOS.

Another point is the initial mailing address of your corporation cannot be changed in the West Virginia Corporate Amendment. In this case, you can change it through other methods requiring different forms.

The third point is the initial directors who formed the corporation in West Virginia. The details of the initial directors cannot be changed in the West Virginia Corporate Amendment. There is no other way to change the directors’ details.

Step 3: File the West Virginia Corporate Amendment

Finally, file the West Virginia Corporate Amendment with the Secretary of State by the methods (online or offline) available. You must go through the filing process mentioned on the SOS official website before you start the filing process. You must pay the state fees for filing the West Virginia Corporate Amendment.

Online Filing: Amendment of Incorporation Online
Offline Filing: Not Available
Amendment Fees: $25.00

If you are in West Virginia and have formed an LLC, you must file the Articles of Amendment in West Virginia with the SOS if you make any changes to the limited liability company.

Why Amend Articles of Incorporation in West Virginia?

There can be several reasons why you make changes to your corporation. A business runs based on diverse components. From economic conditions to internal structures (shareholders and directors), the corporation can change many times in its life based on external or internal reasons.

Change of West Virginia Corporation Name: The name of the corporation does not often change because it is the primary identity of any business. Sometimes, a spelling or the entire name requires to be changed for many reasons. In that case, the corporation has to file the amendment with the SOS mentioning the old and new names. They have to submit the business name change form with the amendment form.

Change of Statement of Purpose: This is a document where you explain the purpose of your corporation. The purpose says that you are involved in legal and lawful activities through your business. If you are having a nonprofit, you must have a community purpose. If you change that purpose, you must file the amendment. If you change the nature of the business or the purpose of the corporation overall, then you must file an amendment.

Change in Numbers of Stocks and Shares: Finally, if you change the number of shares or stock issues in your company, then you must amend it. It can be reduced or increased if you decide to remove or add a shareholder/partner to the corporation. In that case, it must be amended with the SOS.

Penalties for Not Filing the Amendment in West Virginia

Now, one question arises when we talk about filing the amendment what happens if you don’t amend the West Virginia Articles of Incorporation? The answer is simple. You might have to pay heavy penalties if you do not file it. Besides, you may lose existing clients as they may not be interested in continuing to work with your company.

They might cancel the existing contract; you might lose the bank loan or advance opportunities, or you may lose the business bank accounts for not complying with the amendment filing requirements. Hence, it is highly recommended to amend the West Virginia Articles of Incorporation.

FAQs

What is the process for amending West Virginia Articles of Incorporation?

The process for amending West Virginia Articles of Incorporation involves filing an amendment with the Secretary of State.

Can amendments to West Virginia Articles of Incorporation be made online?

Yes, amendments to West Virginia Articles of Incorporation can be made online through the Secretary of State’s website.

Are there any fees associated with amending West Virginia Articles of Incorporation?

Yes, there are fees associated with amending West Virginia Articles of Incorporation.

Do I need to provide a reason for amending West Virginia Articles of Incorporation?

No, there is no requirement to provide a reason for amending West Virginia Articles of Incorporation.

How long does it take to process an amendment to West Virginia Articles of Incorporation?

The processing time for an amendment to West Virginia Articles of Incorporation can vary but generally takes a few weeks.

What information is required for amending West Virginia Articles of Incorporation?

The required information for amending West Virginia Articles of Incorporation includes the name of the corporation, the original incorporation date, and the specific changes being made.

Can I amend the purpose of my West Virginia corporation through an amendment?

Yes, you can amend the purpose of your West Virginia corporation through an amendment to the Articles of Incorporation.

Do I need to notify all shareholders when amending West Virginia Articles of Incorporation?

Generally, you are not required to notify all shareholders when amending West Virginia Articles of Incorporation, but it is recommended to inform them.

Will the amended West Virginia Articles of Incorporation need to be notarized?

Yes, the amended West Virginia Articles of Incorporation typically need to be notarized before filing with the Secretary of State.

Can I make multiple amendments to West Virginia Articles of Incorporation in one filing?

Yes, you can make multiple amendments to West Virginia Articles of Incorporation in one filing as long as they are clearly stated.

How do I amend West Virginia Articles of Incorporation?

To amend West Virginia Articles of Incorporation, you must file Articles of Amendment with the West Virginia Secretary of State.

Do I need to provide a reason for amending the Articles of Incorporation in West Virginia?

No, West Virginia does not require you to provide a reason for amending the Articles of Incorporation.

What information is required in the Articles of Amendment for West Virginia?

The Articles of Amendment for West Virginia must include the name of the corporation, the amendment being made, and any other relevant information.

Is there a fee for amending Articles of Incorporation in West Virginia?

Yes, there is a fee for amending Articles of Incorporation in West Virginia. The fee varies depending on the type of amendment.

Can I amend my Articles of Incorporation online in West Virginia?

Yes, you can file Articles of Amendment online with the West Virginia Secretary of State.

What is the deadline for filing Articles of Amendment in West Virginia?

There is no specific deadline for filing Articles of Amendment in West Virginia, but it is recommended to do so as soon as possible.

Can I change the name of my corporation when amending Articles of Incorporation in West Virginia?

Yes, you can change the name of your corporation when amending the Articles of Incorporation in West Virginia.

How long does it take to amend Articles of Incorporation in West Virginia?

The processing time for amending Articles of Incorporation in West Virginia varies, but it is typically processed within a few weeks.

Do I need a lawyer to help me with amending Articles of Incorporation in West Virginia?

While not required, it may be beneficial to consult with a lawyer when amending Articles of Incorporation in West Virginia.

Can I amend multiple provisions of my Articles of Incorporation at once in West Virginia?

Yes, you can make multiple amendments to your Articles of Incorporation at once in West Virginia by including all changes in the Articles of Amendment.

What happens after I file the Articles of Amendment in West Virginia?

After filing the Articles of Amendment in West Virginia, you will receive a stamped copy of the documents as proof of the amendment.

Can I dissolve my corporation when filing an amendment in West Virginia?

No, dissolving the corporation requires a separate filing with the West Virginia Secretary of State.

Can I add additional directors or officers when amending the Articles of Incorporation in West Virginia?

Yes, you can amend the Articles of Incorporation to add additional directors or officers in West Virginia.

Can I change the registered agent for my corporation when amending the Articles of Incorporation in West Virginia?

Yes, you can change the registered agent for your corporation when amending the Articles of Incorporation in West Virginia.

Are there any restrictions on what can be changed in the Articles of Incorporation in West Virginia?

There are limits to what can be changed in the Articles of Incorporation and they must comply with West Virginia law.

Can I add new business activities to the Articles of Incorporation when amending in West Virginia?

Yes, you can add new business activities to the Articles of Incorporation when amending in West Virginia.

Can I remove existing business activities from the Articles of Incorporation when amending in West Virginia?

Yes, you can remove existing business activities from the Articles of Incorporation when amending in West Virginia.

Is it possible to change the duration of the corporation when amending the Articles of Incorporation in West Virginia?

Yes, you can change the duration of the corporation when amending the Articles of Incorporation in West Virginia.

Can I change the stock structure of my corporation when amending the Articles of Incorporation in West Virginia?

Yes, you can change the stock structure of your corporation when amending the Articles of Incorporation in West Virginia.

Can I change the purpose or mission of my corporation when amending the Articles of Incorporation in West Virginia?

Yes, you can change the purpose or mission of your corporation when amending the Articles of Incorporation in West Virginia.

In Conclusion

Amending the West Virginia Articles of Incorporation may not involve numerous steps, but the process can be more complex than it appears. It’s crucial to carefully consider any changes to ensure they do not negatively impact your business or client relationships. Before proceeding with modifications and amendments, it is advisable to consult with an attorney or legal professional for guidance.

Due to the complicated structure, forming a corporation in West Virginia might be difficult. However, after forming the corporation, managing it seems to be more difficult for many people. A frequent change may or may not occur. But, every time you make a change, you must file the amendment with West Virginia SOS. It is also suggested that you do not make changes frequently as it may affect your brand in a reverse way.