If you already have an LLC in another state and want an LLC in West Virginia, then starting an LLC would be somewhat different. You must register as a foreign LLC. We have here a guide on how you can qualify and register for a foreign LLC in West Virginia.
On this page, you’ll learn about the following:
- Forming a West Virginia Foreign LLC
- Step 1: Choose West Virginia Foreign LLC Name
- Step 2: Select West Virginia Foreign LLC Registered Agent
- Step 3: File Registration of West Virginia Foreign LLC
- Step 4: Determine How Your West Virginia Foreign LLC is taxed
- Steps to Filing West Virginia Foreign LLC Online
- Steps to Filing West Virginia Foreign LLC by Mail
- After Forming West Virginia Foreign LLC
Forming a West Virginia Foreign LLC
A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. To start a foreign LLC in West Virginia, you need to register it with the West Virginia Secretary of State.
Step 1: Choose West Virginia Foreign LLC Name
Obtain a name reservation certificate and submit it with your foreign qualification requirements at the West Virginia Secretary of State. Your LLC’s legal name outside of West Virginia will be listed on the application, along with the name it will use in West Virginia. Take note of the requirements for naming your LLC.
Step 2: Select West Virginia Foreign LLC Registered Agent
You’ll need a registered agent to form a foreign LLC in West Virginia and take note that a West Virginia registered agent must have a local address. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries:
Step 3: File Registration of West Virginia Foreign LLC
- Charleston Office One-Stop Business Center 1615 Washington St. E. Charleston, WV 25311.
- Clarksburg Office North Central WV Business Center 200 W. Main St. Clarksburg, WV 26301.
- Martinsburg Office Eastern Panhandle Business Center 229 E. Martin St. Martinsburg, WV 25401
Include the following:
- LLC’s full legal name.
- A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
- LLC’s principal office and mailing addresses.
- LLC formation state and date.
- Registered agent’s name and address in West Virginia.
- Date when your LLC will start operations in West Virginia.
- Credit card information on the last page of the form for the $150 application fee.
The LLC cost in West Virginia, even for foreign LLCs will differ between online filing and by mail.
Step 4: Determine How Your West Virginia Foreign LLC is taxed
Foreign LLCs are also subjected to the West Virginia Business Privilege Tax, and they must file LLC annual reports each year.
Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.
Steps to Filing West Virginia Foreign LLC Online
Time needed: 5 minutes.
To establish your foreign LLC in the State of West Virginia, you are required to register your business with the West Virginia Secretary of State office. The cost of registration is $150. Once your application is approved, you will receive a Certified copy of your business documents from the Secretary of State office. We have explained the aspects you need to cover while registering for West Virginia Foreign LLC.
Following are the steps to register a foreign LLC online:
- Access the official website of the Secretary of State
Go to the official website of the West Virginia Secretary of State. The Business section on the website includes all the details and information about how to Register an Out-of-State (Foreign) Business. On the given page, click on the link for One-Stop Business Portal.
- Login or Create your Account
On the following page, the SOS Business page opens. If you already have an account on the portal, you can continue to log in by clicking on the ‘Login here’ tab and then entering your User ID and password on the next page. In case you do not have an account, click on the ‘Create a User Account’ tab on the SOS Business page.
- Start to file your application
Once you create your account, log in to it using your login credentials. On the user landing page, select the relevant option to file a new business (foreign). Read all the instructions provided in the online application form carefully and proceed to fill in the form.
- Review your application
Before you complete your application process, recheck all the information and details entered by you in the form. Every detail should be correct and accurate to your knowledge.
- Make the payment
After finalizing your application, you can proceed to the payment gateway page and pay $150 as the online filing fee for your registration application. After you successfully submit your application form, you will receive a notification from the Secretary of State office acknowledging the receipt of your application.
Steps to Filing West Virginia Foreign LLC by Mail
If you wish to register your business LLC via mail, you can do that easily.
- Download the application form PDF on your computer system.
- Read all the instructions carefully and proceed to fill in the application.
- Attach the Certificate of Good Standing or Existence along with the form.
- You should also attach the Customer Order Request form available with the original application form.
- Review all the information provided by you to be correct and accurate.
- Issue a money order or check for $150 as the filing fee of your application, payable to the West Virginia Secretary of State.
- IF you wish, you can make the payment online as well. However, to authorize this payment, you must provide the details about the payment in the e-Payment form attached to the original application.
- Arrange all the documents together and mail it to one of the following addresses, Charleston Office One-Stop Business Center 1615 Washington Street East Charleston, WV 25311; Clarksburg Office North Central WV Business Center 200 West Main Street Clarksburg, WV 26301; Martinsburg. Office Eastern Panhandle Business Center 229 E. Martin Street Martinsburg, WV 25401
After Forming West Virginia Foreign LLC
Here are added things you need to accomplish after forming your West Virginia Foreign LLC
- Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
- File LLC annual reports and Business Privilege Tax.
- Pay State Taxes like sales tax; you’ll need an EIN for your LLC.
It is convenient plus easy to file for the foreign LLC if you are doing it online. The steps are very easy and that’s why it’s possible to go along with the steps and form a foreign LLC in West Virginia.
How Much Does It Cost to Register a Foreign LLC in West Virginia
To register as a foreign LLC in West Virginia, you can file through mail or online by paying a filing fee of $150 to the West Virginia Secretary of State.
When you’re looking to form a foreign LLC in West Virginia, you will need to follow some legal procedures. These include obtaining a Certificate of Good Standing from your home state and verifying that you can legally do business in West Virginia. You will also need to file an annual report with the Secretary of State. For more information, visit the West Virginia Office for the Secretary of State’s One Stop Business Portal.
The West Virginia Foreign LLC form can be downloaded from the state’s website. It’s important to read the instructions carefully before submitting the application. In addition, you’ll need to attach an e-Payment form with your payment details. Once you submit your application, a copy of your Certificate of Authority will be mailed to you by the state. Depending on your filing method, it may take three to four weeks to process your application.
If you’re a veteran, you may qualify for a fee waiver. However, you still need to pay the application fee. Generally, the cost to register a foreign LLC in West Virginia is $150. To save money, you can apply online. Alternatively, you can hire a registered agent service to handle the process for you.
Applicants should also consider drafting an operating agreement. An operating agreement defines how the company will operate and how the members and managers will work together. This will help ensure that you and the company’s managers are on the same page. Similarly, a written operating agreement will define how you will pay your employees and how you will pay taxes.
While a Certificate of Good Standing will verify that you can legally do business in the state, you will also need to file an annual report. This report must be filed every year between January and July. You can do so online or by mail.
The EIN is a unique Employer Identification Number that is required by the IRS. A valid EIN will allow you to open a bank account and file taxes. Whether you’re starting a new business or running an existing one, it’s vital to obtain an EIN. There are many websites that offer this service for free. Other companies charge a small fee for their services.
Your company can avoid late fees by having a registered agent handle the paperwork. This will ensure that your business is compliant with the laws in the state. Some companies will even provide you with a certified copy of the business documents.
You can also file your Certificate of Good Standing through the Secretary of State’s One Stop Business portal. The online system has a link to several forms that you can download and fill out. If you’d rather file by mail, you can fill out the Customer Order Request form and include it with your filing. By using the Secretary of State’s One Stop Business System, you can save time and money.
After you’ve finished your application, you can choose to pay the filing fee with your credit card or by mail. Most states will charge a nominal amount, but some charge a flat fee for each year of operation.
If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in West Virginia.
Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.
A domestic LLC is a company registered in West Virginia as an LLC. The entity type that has a physical presence in another state is a foreign LLC.
Starting a foreign LLC in West Virginia does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. Get a professional registered agent and form your foreign LLC anywhere without a hassle.