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How Much Does It Cost to Start an LLC in West Virginia?

Legal business registration — and making sure your business is in good standing — involves some necessary expenses. Some of these costs are payable to the WV Secretary of State, while others are due to additional state entities or the federal government. Here are some of the most common requirements and fees.

Please note that West Virginia business license and permit fees may need to be paid when you first form your business, on an ongoing schedule or on an ad hoc basis. Find more details below.

Initial West Virginia LLC Fees

You’ll need to file as an LLC with the Secretary of State and pay a filing fee when you first formally form your business. Here are the current West Virginia LLC fees and filing times:

State Fee State Filing Time Expedited Filing Time
$125 6 Weeks 20 Business Days
State Fee $125
State Filing Time 6 Weeks
Expedited Filing Time 20 Business Days

When you form your LLC through Incfile, we charge you this fee and forward it to the West Virginia Secretary of State when we file your formation paperwork.

Incfile can file your formation paperwork for you for free — just pay the required West Virginia LLC filing fee
West Virginia allows you to form your LLC more quickly (within 24 hours) by paying a rush fee

Employer Identification Number

Every LLC in the U.S. should obtain a unique Employer Identification Number (EIN) from the Internal Revenue Service. You'll use it when you open a business bank account, file taxes and pay employees. It's available at no cost from the IRS, or hace Incfile obtain one for you.

Foreign LLCs

When you want to do business in a state other than the one where your business is based, you must create a foreign LLC.

West Virginia Foreign LLC Registration

Foreign companies are those which are formed in another state or country. In order to transact business in West Virginia these entities must register with the West Virginia Secretary of State's Office for Certificate of Authority.

The registration must be accompanied by a certificate of good standing or a certificate of existence from the domestic state of formation. Register your out-of-state foreign company online by using WV Secretary of State’s One Stop Business Portal. The filing fee for a West Virginia Foreign LLC is $150 and an additional $1 for filing online. The state may have additional requirements so contact the West Virginia Secretary of State for more information.

Foreign Qualification to Operate in Another State

If you plan to expand your West Virginia LLC into another state, you’ll first need Foreign Qualification or a Certificate of Authority from that state. This is necessary if you'll have a physical presence, employees or banking in that state.

This process will likely require you to complete an application and pay a filing fee, but each state has its own requirements. Contact the state government entity that administers business (usually the Secretary of State) for specific instructions.

If you need assistance, Incfile provides complete Foreign Qualification service for all states.

Annual Report Requirements

Most states — including West Virginia — require businesses to file an annual (or other periodic) report with the Secretary of State. When you file your annual report, you’ll need to pay a fee of $25. Here are the West Virginia annual report filing requirements:

Annual Report

Frequency

Annually

Due Date

Between January 1 and July 1

Filing Fee

$26*

*includes online processing fees

Incfile can also complete and file your West Virginia annual report on your behalf

West Virginia Business License and Permit Requirements

As a business owner, it’s your responsibility to make sure you have the proper state, federal or local business licenses to operate your West Virginia LLC. Some of the associated fees only need to be paid once, while others are ongoing charges.

Permits and licenses vary based on:

1

The industry your LLC operates in (e.g., restaurants will need health permits)

2

The location of your LLC (state, county or city) (e.g., a license to conduct business from the city of Charleston)

3

The type of business you run (e.g., healthcare providers must meet HIPAA requirements)

Running your business without the required licenses may expose you to risks and fines from federal, state and local governments.

You can research these permits and licenses yourself, or use Incfile’s Business License Research Package, which includes:

  • A complete report on all the licenses, permits and tax registrations your LLC will need
  • The applications you'll need to file with the state, regional and federal licensing authorities

Operating Agreements

The state of West Virginia doesn't require you to have anLLC Operating Agreement in place.

An Operating Agreement is a document that covers how the business will be run, how managers and members are chosen, rights and duties of members and several other key areas. It's usually filed with your Articles of Organization at the time of incorporation.

This document can be extremely helpful in making sure you’re organized and prepared for any future events that may affect your business.

Incfile can draft a general Operating Agreement template when you form your West Virginia business.

You can make changes to the template based on your unique requirements.

Other Potential West Virginia LLC Fees or Requirements

It is normal for your business to pay and meet several other fees and requirements during the life of your LLC. These ad hoc fees will only be payable in specific circumstances, as listed below.

Obtaining a Trade Name or DBA

If you want to establish a West Virginia DBA (trade name), you must register a trade name (DBA) with the WV Secretary of State and pay a filing fee of $25 with an additional $1 for making the registration online.

Incfile can file your Trade Name or DBA forms on your behalf

Changing the Registered Agent

Your LLC needs an West Virginia Registered Agent, which you must appoint when you file your Articles of Organization. You can also switch to a new Registered Agent later for a $15 fee by filing updates online with the West Virginia Secretary of State.

Have Incfile serve as your Registered Agent.

It’s free for the first year if you form your LLC with us and $119 a year after.

Reserving a Name for Your LLC

If you don’t want to form your LLC right away, you can reserve a business name for 120 days with the West Virginia Secretary of State by filing a form and paying a fee of $15. First, perform a West Virginia business search and learn about business name rules to ensure you choose a name that meets state requirements.

Amending Certain Facts About Your LLC

Your business formation documents state certain facts about your West Virginia business at the time it's formed. Over time, these facts may change. If they do, you'll need to file any amendments or corrections with the West Virginia Secretary of State for a filing fee of $25. You can do this yourself or have Incfile file the ammendments on your behalf.

You may want to file an Information Change form when you:

  • Add, remove or change an LLC member or manager
  • Alter the stated business activities of your LLC
  • Change the stated business activities of your LLC

Getting a West Virginia Certificate of Good Standing

Some organizations will request that you prove your LLC’s compliance with laws and tax requirements. If you need to prove you have met your commitments, you’ll need a Certificate of Good Standing or Certificate of Existence from the West Virginia Secretary of State. You can obtain one by ordering a Certificate of Existence from the WV SOS, and paying a fee of $10.

Incfile can obtain a Certificate of Good Standing on your behalf

The fees listed above detail many of the charges a standard LLC will be required to pay in West Virginia. In some unusual circumstances, there may be other one-off, periodic or ad hoc fees not listed above.

Of course, your LLC will also probably need to pay self-employment, payroll, federal, state and sales taxes. More information about taxes can be found on the West Virginia Business Tax page.

FAQs About West Virginia LLC Fees

What Happens to the State Fees I'm Charged When Forming My LLC?

Incfile will charge you this fee at cost and then pay the fee to the Secretary of State on your behalf when forming your West Virginia business.

Where Do I Get Business Licenses and Permits for My LLC?

It depends on various factors, including:

  • The type of business you run
  • Where your business is located
  • Governing bodies in your industry
  • Federal, state and local regulations

Many new businesses need a business license, and you may be required to obtain additional licenses and permits. Our Business License Research package can take the guesswork out of it for you and help you learn what your LLC needs to be compliant.

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