Articles

LLC Formation in West Virginia

Every state has its own nuances when it comes to forming an LLC and West Virginia is no exception. In fact, West Virginia's formation documents require disclosure of far more information than virtually any other state. Learn what to expect if you are considering forming a West Virginia LLC. 

Naming your West Virginia LLC

The LLC name must end with “limited liability company,” “limited company,” or the abbreviations “L.L.C.,” “LLC,” “L.C.,” or “LC.” (“Limited” may be abbreviated as “Ltd.” and “Company” may be abbreviated as “Co.) The name chosen must be distinguishable for the name of any corporation, limited partnership, limited liability partnership or limited liability company incorporated, organized or authorized to transact business in this state; any name that is reserved or registered; and any fictitious name adopted by a foreign entity because its real name was not available for use in West Virginia.

Member/Manager information

The following are West Virginia’s requirements for the members and managers of LLCs:

  • Minimum number. An LLC must have at least one member.
  • Residence requirements. West Virginia does not have a provision specifying where members and managers must reside.
  • Age requirements. West Virginia does not have age requirements for members or managers.
  • Inclusion in the Articles of Organization. Member/Manager names and addresses are required to be listed in the Articles of Organization.

Requirements for the Articles of Organization

In West Virginia, you form an LLC by filing Articles of Organization and paying the required fee. West Virginia collects far more information via the Articles of Organization than most states do. The information required in the formation document includes:

  • The LLC’s name
  • Whether the LLC is a regular or a Professional LLC
  • The street address (including the county) of the LLC’s principal place of business, which need not be in West Virginia (an optional mailing address can be included)
  • The street address, including the county, of the designated physical office in West Virginia (and an optional mailing address if desired)
  • The name of your Registered Agent
  • An email address for the LLC, as well as your website if you have one
  • The number of West Virginia businesses owned and operated and the county of operation (The organizers can decline to answer this question)
  • The names and addresses of the organizers.
  • Whether the LLC will be perpetual or terminate after a term of years
  • Whether the LLC will be member-managed or manager-managed
  • The names and addresses of all members (if member-managed) or managers (if manager-managed)
  • A statement whether any member will be personally liable for the debts of the LLC
  • A specific statement of purpose for the LLC—a general purpose can be included after the specific ones are listed
  • Whether the LLC will be a dealer in Scrap Metal
  • The effective date of formation—either immediately or within 90 days of the filing
  • Whether the LLC is “veteran-owned”

Registered Agent

West Virginia LLCs may appoint an agent for service of process (Registered Agent) within the state and must designate a Registered Office within the state. The Registered Agent must be available during normal business hours to accept Service of Process and other important legal and tax documents for the business.

Professional services businesses

West Virginia allows certain professionals, such as accountants, attorneys, and physicians, to form a professional limited liability company (PLLC). Only specified professions may form a PLLC; others may be able to form a regular LLC. The name of a PLLC must end with “professional limited liability company,” “professional L.L.C.,” “professional LLC,” “P.L.L.C.,” or “PLLC.”

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