Forming an LLC in Virginia

First, you need to gather basic information about your LLC, including the names and addresses of the managers or members. The LLC members are typically the people who own and run the business. They are also the ones who can take profits out of the business to pay themselves.

You will need a distinctive and original name for your Virginia LLC that’s not used by any other business in VA. To find out if another company is using your chosen business name, carry out a Virginia business entity name search on the VA State Corporation Commission website.

There are a few rules you’ll need to follow when choosing an LLC name. You can find out more in our guide to searching for and naming your Virginia LLC.

Learn about Virginia LLC business naming rules.

Every Virginia LLC must have a designated street address. That could be your home address (if you’re running the company from your residence), your company’s office building or any physical address of your preference. The address can be outside the state of Virginia, but it cannot be a P.O. Box.

Every VA LLC must have a “Registered Agent.” This is an official position; the Registered Agent is someone who receives official legal and tax correspondence and has responsibility for filing reports with the Virginia State Corporation Commission.

This position can be filled by you, another manager in the business or a dedicated Registered Agent service. Your VA Registered Agent must have a physical street address in Virginia and must be present to receive important documents for your company during business hours.

At Incfile, all of our packages include a Virginia Registered Agent service that is free for the first year and just $119 per year afterward. We also have a dashboard where you can log in and easily view any document your Registered Agent has received on your behalf.

Learn more about Virginia Registered Agents.

You will need an EIN to identify your business to the IRS. You use this number when filing and paying taxes or when submitting payroll information and payments for your employees. You can obtain one directly from the IRS, or we can get one for you as part of the Virginia LLC business formation process.

Once you've gathered all the information for your Virginia LLC, you’ll need to file a formal document with the VA State Corporation Commission. This document is known as your “Articles of Organization,” and filing the document creates your Virginia LLC. Here’s what is typically included:

• Your business name and address

• Details of your Registered Agent

• Name of the organizers

You can file your Virginia LLC Articles of Organization online, mail in a form or have Incfile do it on your behalf. There is a fee to file and start an LLC in Virginia. You only need to file your Articles of Organization once. 

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Some states, including Virginia, allow certain occupations to form “Professional LLCs.” These types of businesses typically have special requirements and licensing. Here are the occupations that the VA State Corporation Commission allows to form Virginia professional LLCs:

• Architects

• Attorneys-at-law

• Audiologists

• Certified interior designers

• Certified landscape architects

• Certified public accountants

• Clinical nurse specialists

• Dentists

• Insurance consultants

• Land surveyors

• Nurse practitioners

• Optometrists

• Pharmacists

• Practitioners of the behavioral science professions

• Practitioners of the healing arts

• Professional engineers

• Public accountants

• Speech pathologists

• Surgeons

• Veterinarians

If your business is already operating in another state and expanding to Virginia, you’ll need to form a foreign LLC.

More information on Virginia filing and licensing requirements here