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West Virginia state guide · Agent for service of process

Agent for service of process
rules in West Virginia

West Virginia requires every LLC to maintain a agent for service of process with a physical address in the state. Our service includes one year of West Virginia agent for service of process in the $299 flat formation fee.

Required by lawYes — every West Virginia LLC
Address must bePhysical, in West Virginia
Year oneIncluded in $299
After year one$119/yr, opt-in

What a agent for service of process is

A agent for service of process is the person or company designated to receive official mail on behalf of your West Virginia LLC. That includes two kinds of mail: service of process (lawsuits — the court papers that start a case against the LLC), and official West Virginia state correspondence (annual report reminders, tax notices, dissolution warnings).

Every state requires LLCs to have one. The logic is simple: if someone wants to sue the LLC, there has to be a reliable address in West Virginia where the papers can be served. If the state needs to contact the LLC, same thing.

West Virginia's requirements

  1. I.

    A physical West Virginia address

    West Virginia requires a physical street address in the state — no P.O. boxes, no out-of-state addresses, no virtual offices with a mail-forwarding arrangement. The agent has to actually be there to accept service.

  2. II.

    Available during business hours

    The agent must be present at the listed address during normal business hours to accept service of process in person.

  3. III.

    An individual or a business entity

    West Virginia allows the agent to be an individual over 18 who's a West Virginia resident, or a business entity authorized to transact business in West Virginia.

  4. IV.

    On file with the West Virginia Secretary of State

    The agent's name and address must be listed in the Articles of Organization and kept current. Change the agent by filing a change-of-agent form with the state.

West Virginia note

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

Can I be my own West Virginia agent for service of process?

Yes — as long as you're a West Virginia resident with a physical West Virginia address and you're available during business hours to accept service. There's no statute preventing it. But there are three practical reasons most founders don't:

  • Your home address becomes public. The agent for service of process's address is part of the public West Virginia Secretary of State record. Use your home and it's indexed by the state, scraped by marketers, and visible to anyone who looks up your LLC.
  • Service happens in person, often inconveniently. A process server can show up at your house during a family dinner. Commercial agents handle service and scan the papers to you within the hour.
  • You can't move or travel easily. Change your address and you have to file a change-of-agent form with West Virginia. Miss a notice during a trip and you miss a lawsuit.

Our West Virginia agent for service of process service

The agent for service of process's address is part of the public record. Using our Charleston office as your agent for service of process means your West Virginia LLC's public-facing address is a commercial one, not your home — which is the single most common reason founders use a commercial agent.

Here's what's included in the first year with every formation:

  • Charleston address on file with the West Virginia Secretary of State. Listed in your Articles of Organization as the agent for service of process.
  • Service of process accepted in person. Scanned and emailed to you within the hour during business hours.
  • West Virginia state correspondence forwarded. Annual report reminders, tax notices, and any official mail from West Virginia comes to us and goes straight to your inbox.
  • Compliance reminders. We send you annual report reminders 60, 30, and 7 days before the due date, every year.

What happens after year one

Agent for service of process renewal is $119/year, opt-in. We don't store your payment method between years and we don't auto-charge. You can also change to a different commercial agent at any time, or designate yourself — we'll send you the West Virginia change-of-agent form and instructions on how to file it.

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