A certified copy of articles of incorporation or organization can be ordered online. This document includes information about the corporation such as name, address, date of formation, type of entity, registered agent, etc. The West Virginia Secretary of State maintains a database of corporations that are registered with the state. You can access it here.
For the state of WV there is an additional charge for each page of documents requested. The total fees vary depending on how many pages you request. For example, if you request 10 pages, the total fee is $15. If you request 500 pages, the total fee will be $500.
There is a fee of $5 plus the cost of the initial page and.50 cents per additional page.
Table of Contents
The West Virginia Articles of Organization are Simple to File!
The LLC Articles of Organization must first be filed with the West Virginia Secretary of State before officially starting your business. This form is easy to complete and submit online. Once it is completed, you are ready to go! You can use Incfile to help you prepare your documents, file them electronically, and even pay the filing fee with ease.
Step 1: Ready Your Articles of Organization Forms
The Texas Secretary of State’s office offers several options for getting started with articles of organization. You can download the forms here.
Step 2: Complete the articles of incorporation
Entity Name: This is where you give your organization a name. You don’t have to use your full legal name; just make sure it’s something people will recognize. For example, “The American Legion Post #123.”
Governing Authority Type: This is what determines how much control your entity has over itself. If you’re filing a federal tax return, you’ll choose one of four options: Sole Proprietorship, Partnership, Corporation, or Limited Liability Company (“LLC”).
Organizer Information: This section is optional but gives you some extra information about your organization. If you’re filing your taxes online, you’ll enter your Social Security number and contact information here. If you’re applying for a state license or permit, you’ll fill out additional forms here.
Member Liability: This option lets you decide whether or not each member of your group is liable for debts incurred by the organization. If you select yes, you’ll need to list each person’s address, phone number, and email address.
Business Purpose: This section explains why you formed your organization. Think about what problems you’re trying to solve and why those problems are important to you.
Veteran Owned Status: Some organizations are eligible for special benefits because they have veteran members. Check to see if yours qualifies.
Step 3: File Your Federal Tax Return Online
Step 3: Publish the articles of incorporation
The articles of organization are filed with the Secretary of State of California. You must file the articles within 30 days of forming the corporation. If you do not file the articles, the corporation cannot legally exist.
If you want to use the name “XYZ Corporation,” you must file the articles of organization under the fictitious name statement. This allows you to register the fictitious name with the county clerk where the corporation intends to conduct business.
You will need to complete the following documents:
Form LLD1 – Application for Limited Liability Company
Form LLL1 – Fictitious Name Statement
Form BLL2 – Business License
Form BLA3 – Annual Report
Steps After Your West Virginia LLC Is Officially Formed
The West Virginia Secretary of State’s Office offers several steps you must take after forming your company. This includes registering your company name, filing your articles of organization, obtaining a tax identification number, and paying fees. If you are incorporated in another state, you must file your articles of organization with the secretary of state in West Virginia. You will receive a certificate of formation once it is filed.
You must pay $25 to register your company name within 30 days of incorporating. The fee covers the cost of processing and mailing the registration form, along with a one-time renewal notice. The fee does not include the cost of preparing the articles of organization.
If you want to incorporate in West Virginia, you must file your Articles of Organization with the Secretary of State. Once the documents are received, the office will mail you a Certificate of Formation. The fee for this step is $50.
Once you obtain a Tax Identification Number, you must apply for an Employer Identification Number (EIN). An EIN allows businesses to deduct taxes paid to federal, state, and local governments.
An Operating Agreement is a set or rules that govern how members of an LLC operate. In some states, like California, you must file an operating agreement with the Secretary of State. This document outlines the entity’s structure, including what each member owns, what decisions are made, and how those decisions are implemented.
The purpose of filing an operating agreement is to protect the owners’ interests and ensure that everyone knows what is expected of them. If there is ever a dispute about ownership, the operating agreement provides a clear picture of the relationship.
In addition, most states require that every LLC file an annual report with the Secretary of State detailing financial information such as income, expenses, and assets.
A West Virginia LLC doesn’t necessarily require an Operating Agreement, however it is highly recommended. While it isn’t required, it does provide additional protection for the owners.
Get an EIN
An employer identification number (EIN) is a unique identifier used by businesses to report employment information to government agencies. You must obtain one if you run a small business.
You can use an EIN to set up a bank account, open a credit card, apply for a loan, pay payroll tax, and even claim certain credits.
If you don’t already have an EIN, it costs $100 to get one. If you’re self-employed, you can still get one for free.
Open a Business Bank Account
If you’re starting a new business, it’s important to open a business checking account. This way, you’ll have access to funds to pay bills, make payroll, buy inventory, and invest in your future. While there are many different options out there, here are some things to consider when choosing one.
1. How much money do you plan to keep in your business bank account? If you don’t know how much you’ll need, start with $10,000. You might want to increase this amount based on your needs.
2. What type of banking services do you need? A basic business checking account usually includes free online bill payment, mobile check deposit, electronic transfers, and wire transfers. Many companies offer additional features like merchant processing, eStatements, and paperless statements.
3. Do you prefer ATMs or tellers? Most people choose ATMs because they are convenient and easy to use. However, some smaller businesses find teller assistance helpful.
4. Are you comfortable opening an account without a credit card? Some banks require customers to apply for a credit card before opening a business account. Others allow customers to apply for a debit card immediately.
5. Is customer service a priority? Small business owners often report being treated poorly by large financial institutions. Look for a local bank that offers friendly, knowledgeable customer service.
6. Does your business need business insurance? All banks offer liability coverage, but most charge extra fees for this service. Consider purchasing commercial property insurance separately.
Get Licenses and Permits
Licensing and permitting can seem like a daunting task, especially if you don’t know what you’re doing. But there are plenty of resources out there to help you navigate the process. Here are some tips to make sure you’re prepared for licensing and permitting.
1. Know Your Business
Before you even think about getting licenses and permits, you’ll want to understand what type of business you’re running. You’ll need to decide whether you’re operating as a sole proprietorship, partnership, corporation, or LLC. Each one requires different types of licenses and permits.
2. Determine What Kind of License/Permit Is Right For You
Once you’ve determined what business entity you’re running, you’ll need to determine what kind of license/permit is right for you. You’ll probably need a Class B license if you plan to sell products or services directly to customers. This allows you to set up a shop anywhere in the state without applying for a specific location. On the other hand, if you plan to run your business out of retail space, you’ll probably need to obtain a Class E license.
3. Understand How Different Types Of Licenses And Permits Work
After determining what type of license/permit you need, you’ll want to learn how each works. Some require you to pay a fee every month, while others are annual fees. Some are good for three years while others are good for 10. Some allow you to renew online, while others require you to send in paper applications.
Frequently Asked Questions
How long does it take to get an LLC in West Virginia?
It varies depending upon what type of business entity you want to start. If you plan to operate out of your home, you may only need to file paperwork at your local county clerk’s office. However, you’ll need to register with the state if you plan to have employees. You should contact your attorney to determine how much time it takes to set up an LLC.
What is a sole proprietor vs. LLC?
A sole proprietorship is owned by just one person, while an LLC (limited liability company) is owned by many people who share profits and losses. Sole proprietorships have been around since ancient times and were originally formed to protect the owner’s assets from being seized by creditors. Modern times, they are still commonly used to shield owners from personal liabilities. An LLC is a business structure designed to limit members’ liabilities.
James Rourke is a business and legal writer. He has written extensively on subjects such as contract law, company law, and intellectual property. His work has been featured in publications such as The Times, The Guardian, and Forbes. When he’s not writing, James enjoys spending time with his family and playing golf.