How to start an LLC in Virginia

To start an LLC in Virginia, file the Articles of Organization with the Virginia State Corporation Commission ($100) once you have a name the state will accept and a registered agent there. Then write an operating agreement, get a free EIN from the IRS and keep the LLC current with the state.

Step 1: Choose a name Virginia will accept

The name has to end with “Limited Company”, “Limited Liability Company”, “L.C.” or another form the state accepts. It also has to differ from the names already on the Virginia State Corporation Commission's records, and some words need another agency's approval. Check an LLC name in Virginia against those rules and the registered names we hold, then confirm it on the official search.

Not ready to file? A reservation holds the name: $10, for 120 days. See how to reserve an LLC name.

Step 2: Appoint a registered agent

The Articles of Organization names a registered agent: a person or company with a street address in Virginia who receives lawsuits and official notices for the LLC during business hours. You can usually serve yourself if you live in the state, or pay a commercial agent a yearly fee.

Our sister site lists the registered agents Virginia companies use most, with how many companies each one serves.

Step 3: File the Articles of Organization

File it with the Virginia State Corporation Commission. The fee is $100. File online, or on paper. The LLC exists once the state accepts the filing.

How long it takes. Faster service: online only: next business day $50 or $100, same day $200. (The office's page.)

Step 4: Write an operating agreement

Virginia doesn't require one (Va. Code § 13.1-1023(A)(1)), but without it the state's default rules decide how the LLC is run and how profits and votes are shared. It stays in the company's records; it isn't filed.

Make a free Virginia LLC operating agreement and download it as a Word file.

Step 5: Get an EIN

An EIN (employer identification number) is the LLC's federal tax ID: banks ask for it to open a business account, and the LLC needs one to hire. The IRS issues it free; apply online at irs.gov once Virginia has accepted the Articles of Organization.

Step 6: File the Virginia LLC annual report

Fee: $50 annual registration fee (Va. Code § 13.1-1062); Virginia LLCs pay this fee rather than filing an annual report. Due: On or before the last day of the month in which the LLC was organized, each year starting the year after formation; the SCC sends the assessment about two months ahead. An LLC that has not paid by the last day of the third month after the due date is canceled. (Source: Code of Virginia § 13.1-1062, law.lis.virginia.gov.)

After formation Virginia
Recurring report $50 annual registration fee each year (due by the last day of the month the LLC was formed)
State tax or fee on LLCs None
Proof of good standing Certificate of Fact of Existence, $6

Missing the recurring filing is the most common way an LLC loses its good standing, and in time its existence. On our sister site, look up an LLC's status or see how to get a Virginia certificate of good standing.

What it costs to start an LLC in Virginia

State fee Amount
Formation filing $100
First year, state fees $100
Each year after $50

Over five years, Virginia's state fees come to $300. These are state fees only: a commercial registered agent, a publication notice and income taxes are extra. Compare every state's fees, with the options to reserve the name or file faster.

Sources

How to start an LLC in Virginia

  1. Choose a name Virginia will accept and check it against the Virginia State Corporation Commission's records.
  2. Appoint a registered agent with a street address in Virginia.
  3. File the Articles of Organization with the Virginia State Corporation Commission ($100).
  4. Write an operating agreement.
  5. Get a free EIN from the IRS.
  6. Keep up with the recurring filings and fees.

Common questions

How much does it cost to start an LLC in Virginia?

$100 to file the Articles of Organization. The state's fees come to $100 in the first year and $50 a year after that; a registered agent service or a newspaper notice costs extra.

How long does it take to start an LLC in Virginia?

The Virginia State Corporation Commission doesn't post a standard time. Faster service: online only: next business day $50 or $100, same day $200.

Do I need an operating agreement in Virginia?

Virginia doesn't require one (Va. Code § 13.1-1023(A)(1)), but it's the document that says who owns the LLC and how it's run; banks and partners often ask for it.

Can I start an LLC in Virginia online?

Yes. The Virginia State Corporation Commission takes the Articles of Organization online, for $100.

When is the Virginia LLC annual report due?

On or before the last day of the month in which the LLC was organized, each year starting the year after formation; the SCC sends the assessment about two months ahead. An LLC that has not paid by the last day of the third month after the due date is canceled.

Does Virginia require an annual report for LLCs?

Yes. Virginia's recurring filing: $50 annual registration fee each year (due by the last day of the month the LLC was formed).

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