West Virginia Foreign LLC – Qualification and Registration

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. 

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. 

Check name availability at West Virginia’s business entity names and reserve your LLC name.

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 

Fill out and submit a Foreign LLC Application for Registration form via email to [email protected] or by mail to any of the following addresses below:

• 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

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

1. Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
2. File LLC annual reports and Business Privilege Tax.
3. 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.

Establishing a foreign LLC in West Virginia can be a lucrative option for businesses looking to expand their business operations. While the costs and fees associated with registering a foreign LLC vary from state to state, West Virginia’s requirements are relatively straightforward and affordable.

The process of registering a foreign LLC in West Virginia begins with submitting a Certificate of Authority to the West Virginia Secretary of State’s Office. This document is similar to a business license, and it serves to authorize a business to conduct business in the state. The form requires basic details, including the LLC’s name, its purpose, the name and address of its registered agent, and the address of its principal office. Additionally, the form must be signed by the authorized representative of the LLC, who must be a resident of West Virginia.

The filing fee for submitting the Certificate of Authority to the state is $100. This fee is non-refundable, even if the application is denied. Additionally, if the LLC wishes to register with the West Virginia Department of Taxation, a separate application must be submitted, along with an additional fee of $25.

Once the Certificate of Authority is filed, the LLC must then file an annual report with the Secretary of State. The filing fee for the annual report is $25, and must be accompanied by a list of the LLC’s members and managers. The LLC must also provide information on its total assets and liabilities, as well as its gross income.

In addition to the filing fees, LLCs may also be required to pay taxes in West Virginia. The exact tax rate will vary depending on the LLC’s structure and the type of business it conducts, but all LLCs must pay the state’s corporate income tax, which is currently 6.5%. Additionally, the LLC may be required to pay the state’s franchise tax, which is currently 2.5%.

Finally, LLCs may also be required to pay other fees, such as licensing fees, depending on the type of business they conduct. For example, a business that sells alcoholic beverages will need to obtain a liquor license, which will cost an additional $100.

Overall, the cost of registering a foreign LLC in West Virginia is relatively modest. The filing fee for the Certificate of Authority is $100, and the filing fee for the annual report is also $25. Additionally, LLCs may be required to pay taxes and fees, depending on the type of business they conduct. All told, the total cost of registering a foreign LLC in West Virginia should not exceed $200.

F.A.Qs

In Conclusion

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.