WV · LLC formation
West Virginia LLC
Form a company in West Virginia: $100 state filing fee, 5-10 business days with the West Virginia Secretary of State. Low cost of operations and stable filing process.
West Virginia formation at a glance
Key fees, timing, and compliance rules for forming a limited liability company in West Virginia with the West Virginia Secretary of State.
State filing fee
$100
Processing time
5-10 business days
Filing agency
West Virginia Secretary of State
Registered agent
Required — physical WV street address
Annual report
Annual Report — $25, due July 1
Franchise / business tax
None for LLCs
How to form an LLC in West Virginia
- 1
Choose a compliant name
- Your name must include "LLC" or "Limited Liability Company".
- It must be unique on West Virginia Secretary of State 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
- West Virginia requires a registered agent with a physical WV 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 West Virginia Secretary of State and pay $100.
- Processing is usually 5-10 business days.
- 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 West 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 West Virginia rules for your industry.
- Contractors, restaurants, and healthcare often need extra permits.
- 7
File annual reports and stay compliant
- West Virginia requires the Annual Report ($25), due July 1.
- None for LLCs.
- ClearFormation tracks deadlines and pre-fills your report.
Form your WV LLC now
We prepare the filing, include a WV registered agent, and walk you through the rest.
Typical timeline after you file
Day 0 — Submit filing
Pay $100 to the West Virginia Secretary of State. Online filings in West Virginia usually process in 5-10 business days.
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 Report ($25), due July 1.
LLC vs corporation in West Virginia: which should you form?
Most West 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 West 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 West 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 West Virginia is usually the right fit for operating businesses that won't take priced VC rounds.
Out-of-state companies doing business in West Virginia
If your company was formed elsewhere but you operate in West Virginia, you typically need to foreign-qualify with the West Virginia Secretary of State. That means filing a Certificate of Authority (or equivalent), appointing an in-state registered agent, and paying a state fee. Domestic formation in WV is different — you file Articles of Organization as a new entity.
Who usually forms in West Virginia?
Most WV 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 West Virginia
- E-commerce brands with customers or inventory in the US
- Non-US founders who need a US entity and bank account
Pick West 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 WV and then foreign-qualifying.
West Virginia formation FAQs
Also for West Virginia founders: Form a corporation in West Virginia · West Virginia registered agent
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