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West Virginia state guide · FAQ

West Virginia LLC
questions, answered

Ten questions we get most often about forming an LLC in West Virginia — with straight answers, not hedged ones.

State filing fee$100
Typical approval5–7 business days
Annual report$25 annual
Single-memberAllowed

The ten we get asked most

How long does it take to form a West Virginia LLC?

5–7 business days for standard online processing through the West Virginia Secretary of State. Once the LLC is approved, we obtain the EIN the same day and deliver your bank-ready packet within a day or two after that.

What does it cost to form an LLC in West Virginia?

Our service is $299 flat. West Virginia's state filing fee is $100, paid directly to the West Virginia Secretary of State. First-year total is $399, with no upsells and no tiered pricing.

Do I have to live in West Virginia to form a West Virginia LLC?

No. West Virginia allows non-residents to form and own LLCs in the state. You do need a West Virginia agent for service of process — that's included in the $299 for the first year. Our Charleston office serves as the agent of record.

Can a single person own a West Virginia LLC?

Yes. West Virginia allows single-member LLCs, which the IRS treats as disregarded entities by default — meaning the LLC's income flows through to the owner's personal tax return.

What's included in your $299 flat fee?

Four things: your West Virginia Articles of Organization filed by a formation specialist, federal EIN obtained from the IRS, a custom operating agreement drafted to your actual ownership structure, and one year of agent for service of process service in West Virginia. No hidden costs, no tiered pricing.

What's the annual requirement for a West Virginia LLC?

West Virginia charges $25 annually for the report. Miss the deadline and the state imposes a late fee, and eventually administrative dissolution if the lapse continues.

Do I need a agent for service of process in West Virginia?

Yes, West Virginia law requires every LLC to maintain a agent for service of process with a physical address in the state to receive service of process and official correspondence. Our Charleston office serves as your agent for service of process for the first year as part of the $299.

Can I change the agent for service of process later?

Yes. After the first year you can renew our service at $119/year, or designate yourself, an employee, or another agent by filing a change-of-agent form with the West Virginia Secretary of State. The state typically charges a small fee for the change.

Will I get an operating agreement I can actually use at a bank?

Yes. Our operating agreements are drafted to your actual ownership structure — member names, percentages, voting rights, profit allocations — not a fill-in-the-blank template. Every major U.S. bank accepts them for business account opening.

Are there any West Virginia-specific tax or compliance notes?

Annual report $25 (+$1 convenience fee online). Due between January 1 and June 30 each year. $75 penalty for filing after July 1.

West Virginia note

Annual report $25 (+$1 convenience fee online).

What's included in the $299 flat fee

State filingArticles of Organization, by a formation specialist
EIN includedFederal tax ID, issued by the IRS after approval
Operating agreementDrafted to your ownership structure — not a template
Agent for service of processOne year included in West Virginia, Charleston on file
Ready to form in West Virginia?

$299 flat, plus West Virginia's $100 state fee.

Reservation takes three minutes. A formation specialist in Charleston handles the rest.

Start your West Virginia filing