VA · LLC formation
Form LLC in Virginia
Virginia LLC formation is popular for DC-metro access and a straightforward filing process — ClearFormation files with the Virginia State Corporation Commission and includes Virginia registered agent service in every plan.
Virginia formation at a glance
Key fees, timing, and compliance rules for forming a limited liability company in Virginia with the Virginia State Corporation Commission.
State filing fee
$100
Processing time
3-5 business days online
Filing agency
Virginia State Corporation Commission
Registered agent
Required — physical VA street address
Annual report
Annual Registration Fee — $50, due Last day of anniversary month
Franchise / business tax
None for LLCs
How to form an LLC in Virginia
- 1
Choose a compliant name
- Your name must include "LLC" or "Limited Liability Company".
- It must be unique on Virginia State Corporation Commission records.
- Search before you file.
- Words like "bank" may need approval.
- ClearFormation runs a name check before we submit your Articles.
- 2
Appoint a registered agent
- Virginia requires a registered agent with a physical VA street address.
- They must accept lawsuits and state mail during business hours.
- A commercial agent is for when you don't have a local street address or can't be there during business hours.
- ClearFormation includes agent service in all 50 states.
- 3
File Articles of Organization
- File with the Virginia State Corporation Commission and pay $100.
- Processing is usually 3-5 business days online.
- You will list your name, agent, principal address, and management type.
- ClearFormation prepares and files online for you.
- 4
Create an operating agreement
- Not legally required in Virginia, but every company should have one.
- It sets ownership, voting, and profit splits.
- Banks often ask for it.
- Included with ClearFormation.
- 5
Apply for an EIN
- You need an EIN to open a US bank account, hire staff, and file federal taxes.
- The IRS issues EINs for free.
- ClearFormation can file Form SS-4 for you — including for non-US founders without an SSN.
- 6
Get the licenses and permits your business needs
- State approval does not replace city, county, or professional licenses.
- Check local Virginia rules for your industry.
- Contractors, restaurants, and healthcare often need extra permits.
- 7
File annual reports and stay compliant
- Virginia requires the Annual Registration Fee ($50), due Last day of anniversary month.
- None for LLCs.
- ClearFormation tracks deadlines and pre-fills your report.
Form your VA LLC now
We prepare the filing, include a VA registered agent, and walk you through the rest.
Typical timeline after you file
Day 0 — Submit filing
Pay $100 to the Virginia State Corporation Commission. Online filings in Virginia usually process in 3-5 business days online.
Week 1 — Get stamped articles
Save the approved formation document. You need it for banking.
Week 1–2 — EIN and bank account
Apply for a federal tax ID, then open a business checking account. See our EIN guide.
Week 2–4 — Operating agreement and licenses
Sign your internal rules. Check city and county license rules for your industry.
Ongoing — Compliance calendar
File the Annual Registration Fee ($50), due Last day of anniversary month.
LLC vs corporation in Virginia: which should you form?
Most Virginia founders ask this exact question. Both entities give you the same personal-liability shield. The real differences are taxes, ownership, and the kind of capital you can raise. A corporation can be taxed as a C-Corp or an S-Corp — that is a tax election, not a different state filing.
Form an LLC in Virginia if
- • You're owner-operated or have a small group of founders and want pass-through tax (no corporate-level tax).
- • You don't plan to raise from US institutional venture capital.
- • You want minimal ongoing paperwork — no required board meetings, no shareholder formalities.
- • You're a consulting business, ecommerce store, agency, real-estate holding company, or freelancer.
Form a corporation in Virginia if
- • You plan to raise from venture capital, angels via SAFEs, or eventually go public.
- • You want to issue stock options to employees (an ISO plan requires a C-Corp).
- • You need multiple share classes (preferred for investors, common for founders).
- • You're targeting a strategic acquisition where the acquirer expects a clean cap table.
Raising venture capital? Most US VC-backed startups incorporate as a Delaware C-Corp — see our LLC vs C-Corp guide. An LLC in Virginia is usually the right fit for operating businesses that won't take priced VC rounds.
Out-of-state companies doing business in Virginia
If your company was formed elsewhere but you operate in Virginia, you typically need to foreign-qualify with the Virginia State Corporation Commission. That means filing a Certificate of Authority (or equivalent), appointing an in-state registered agent, and paying a state fee. Domestic formation in VA is different — you file Articles of Organization as a new entity.
Who usually forms in Virginia?
Most VA filings come from founders who live or work in the state. Common examples:
- Freelancers and consultants who want a liability shield
- Local shops, agencies, and professional services firms
- Real-estate investors holding property in Virginia
- E-commerce brands with customers or inventory in the US
- Non-US founders who need a US entity and bank account
Pick Virginia when you have real ties here. If you only operate elsewhere, your home state (or the state where you work) is usually cheaper than forming in VA and then foreign-qualifying.
Virginia formation FAQs
Also for Virginia founders: Form a corporation in Virginia · Virginia registered agent
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