Step 1: Choose a name West Virginia will accept
The name has to end with “Limited Liability Company”, “Limited Company”, “L.L.C.” or another form the state accepts. It also has to differ from the names already on the West Virginia Secretary of State's records, and some words need another agency's approval. Check an LLC name in West 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: $15, 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 West 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 West Virginia companies use most, with how many companies each one serves.
Step 3: File the Articles of Organization
File it with the West Virginia Secretary of State. The fee is $101 online ($100 by mail). File online, or on paper. The LLC exists once the state accepts the filing.
How long it takes. Faster service: $25 for 24 hours, $250 for two hours, $500 for one hour. (The office's page.)
Step 4: Write an operating agreement
West Virginia doesn't require one (W. Va. Code § 31B-1-103(a)), 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 West 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 West Virginia has accepted the Articles of Organization.
Step 6: File the West Virginia LLC annual report
Fee: $25 if filed by June 30; $75 after June 30 (includes the $50 late fee); online filings add a $1.00 processing fee. Since July 1, 2026, an LLC that has filed timely annual reports for five consecutive years and is in good standing may elect biennial reporting: $50 every two years ($100 late fee for a late biennial report). Veteran-owned and active-duty-member-owned businesses are exempt from the fee for the first four years. Due: Between January 1 and June 30 each year, starting the year after the LLC registers (11:59 p.m. June 30 under W. Va. Code § 59-1-2a(e); the Articles of Organization instructions say 'between January 1 and July 1'). Reminder notices are mailed or emailed in January. Failure to file can lead to administrative dissolution or revocation. (Source: Limited liability companies, sos.wv.gov.)
| After formation | West Virginia |
|---|---|
| Recurring report | $25 each year (due June 30) |
| State tax or fee on LLCs | None |
| Proof of good standing | Certificate of Existence, $10 |
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 West Virginia certificate of good standing.
What it costs to start an LLC in West Virginia
| State fee | Amount |
|---|---|
| Formation filing (online) | $101 |
| First year, state fees | $101 |
| Each year after | $25 |
Over five years, West Virginia's state fees come to $201. 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
Register new WV business, sos.wv.gov, checked 2026-10-07
Reserve or register a business name, sos.wv.gov, checked 2026-10-07
Guidance for selecting business organization names, sos.wv.gov, checked 2026-10-07
Form NR-1, application for name reservation, sos.wv.gov, checked 2026-10-07
Form LLD-1, articles of organization (PDF), sos.wv.gov, checked 2026-10-07
Limited liability companies, sos.wv.gov, checked 2026-10-07
Annual reports, sos.wv.gov, checked 2026-10-07
Annual report form (PDF), sos.wv.gov, checked 2026-10-07
Register trade name DBA, sos.wv.gov, checked 2026-10-07
What trade name DBA, sos.wv.gov, checked 2026-10-07
File trade name DBA registration, sos.wv.gov, checked 2026-10-07
Withdraw trade name DBA, sos.wv.gov, checked 2026-10-07
Certificates existence or certificates authorization, sos.wv.gov, checked 2026-10-07
Expedite service, sos.wv.gov, checked 2026-10-08
Young entrepreneur waiver, sos.wv.gov, checked 2026-10-07
Veteran owned business waiver, sos.wv.gov, checked 2026-10-07
Fee schedule, sos.wv.gov, checked 2026-10-07
Corporations, apps.sos.wv.gov, checked 2026-10-07
W. Va. Code § 31B-1-105, code.wvlegislature.gov, checked 2026-10-07
W. Va. Code § 31B-1-106, code.wvlegislature.gov, checked 2026-10-09
W. Va. Code § 59-1-2, code.wvlegislature.gov, checked 2026-10-07
W. Va. Code § 59-1-2a, code.wvlegislature.gov, checked 2026-10-07
W. Va. Code § 47-8-2, code.wvlegislature.gov, checked 2026-10-07
Business name requirements, business4.wv.gov, checked 2026-10-07
Register your business, business4.wv.gov, checked 2026-10-07
Business registration questions and answers, tax.wv.gov, checked 2026-10-07
Pass through entity, tax.wv.gov, checked 2026-10-09
Apply for an EIN online, irs.gov
How to start an LLC in West Virginia
- Choose a name West Virginia will accept and check it against the West Virginia Secretary of State's records.
- Appoint a registered agent with a street address in West Virginia.
- File the Articles of Organization with the West Virginia Secretary of State (from $100).
- Write an operating agreement.
- Get a free EIN from the IRS.
- Keep up with the recurring filings and fees.
Common questions
How much does it cost to start an LLC in West Virginia?
From $100 to file the Articles of Organization. The state's fees come to $101 in the first year and $25 a year after that; a registered agent service or a newspaper notice costs extra.
How long does it take to start an LLC in West Virginia?
The West Virginia Secretary of State doesn't post a standard time. Faster service: $25 for 24 hours, $250 for two hours, $500 for one hour.
Do I need an operating agreement in West Virginia?
West Virginia doesn't require one (W. Va. Code § 31B-1-103(a)), 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 West Virginia online?
Yes. The West Virginia Secretary of State takes the Articles of Organization online, for from $100.
When is the West Virginia LLC annual report due?
Between January 1 and June 30 each year, starting the year after the LLC registers (11:59 p.m. June 30 under W. Va. Code § 59-1-2a(e); the Articles of Organization instructions say 'between January 1 and July 1'). Reminder notices are mailed or emailed in January. Failure to file can lead to administrative dissolution or revocation.
Does West Virginia require an annual report for LLCs?
Yes. West Virginia's recurring filing: $25 each year (due June 30).