How to Start an LLC in West Virginia

Every West Virginia LLC begins with the same document: Articles of Organization delivered to the West Virginia Secretary of State, Business & Licensing Division. The official form is the Articles of Organization of Limited Liability Company, Form LLD-1, the official filing fee is $100, and the authority for all of it is W. Va. Code § 31B-2-202, with the fee set by § 59-1-2. This page lays out the full sequence using the state's own forms and figures.

One West Virginia perk worth flagging before anything else: the state waives the $100 formation fee for veteran-owned organizations under § 59-1-2(j). If that describes your company, forming here is free at the state level.

Why an LLC at All?

A limited liability company puts a legal wall between the business and your personal finances. If the company is sued or takes on debt it can't pay, your house and personal accounts are generally out of reach, provided you keep business and personal money separated. Profits pass through to your personal return by default, so there is no corporate tax layer to manage. For most West Virginia small businesses, that combination is exactly the point.

The Seven Steps, In Order

1. Settle on a name the state will accept. It needs "Limited Liability Company," "LLC," or "L.L.C." in it, and it must be distinguishable from every name already on record with the Secretary of State. Check availability with a name search before you order signage or print anything.
2. Choose your West Virginia designated office. The Articles of Organization require a designated office address located in West Virginia. This anchors the company to a real in-state location, and it goes on the public record.
3. Decide who accepts lawsuits for the company. West Virginia handles this differently than nearly every other state. Under W. Va. Code § 31B-1-108, an LLC "may continuously maintain" an in-state agent for service of process. May, not must. If you never name an agent, the Secretary of State serves as the company's attorney-in-fact, receiving lawsuit papers on its behalf and relaying them onward. Naming your own registered agent means those papers reach a person you chose the day they show up, rather than routing through a state office first. Our registered agent page covers the trade-off in detail.
4. Complete Form LLD-1. The official Articles of Organization ask for your company name, the designated office address, agent details if you are naming one, whether the LLC is member-managed or manager-managed, and organizer signatures. Required contents are governed by § 31B-2-203.
5. File it and pay the $100 fee. You can file online through the WV One Stop Business Portal or deliver the paper form to the Business & Licensing Division. Veteran-owned organizations skip the fee entirely.
6. Write an operating agreement. West Virginia does not ask you to file one, but banks will ask to see it and courts lean on it in disputes. It records who owns what, how profits split, and what happens when a member leaves. Without one, the state's default rules decide those questions for you. More on our operating agreement page.
7. Get your EIN from the IRS. The federal tax ID is free directly from IRS.gov and usually issues immediately. You will need it for a bank account, employees, and federal filings. Never pay a third party for this.

After Approval: The Yearly Rhythm

West Virginia expects an annual report from every LLC: $25, due by July 1, with a filing window that runs January 1 through June 30. File after July 1 and a $50 late fee stacks on top; ignore it long enough and the state can dissolve the company. The full schedule lives on our annual requirements page.

Doing It Yourself vs. Handing It Off

Filing directly with the Secretary of State works fine if you are comfortable with the forms. If you would rather not be, our formation service is $199: we prepare and file Form LLD-1, and the price includes your first year of registered agent service, which then renews at $99 a year. The full fee picture is on our fees page.

Form Your West Virginia LLC