How to File Articles of Organization in West Virginia

Many West Virginia entrepreneurs choose to form a limited liability company (LLC) because of the many benefits of this business entity type. An LLC provides liability protection, for instance, so your assets are not at risk if your business is sued or cannot pay debts. 

An LLC is a “pass-through entity” for tax purposes, meaning that the LLC itself is not taxed. Instead, income passes through the business to the LLC owners or members, who report it on their tax returns. LLCs also offer flexibility in terms of management and taxation. 

Creating an LLC is relatively straightforward, but ensuring it’s done correctly is crucial to getting your West Virginia business on the right foot. The most critical step is filing articles of organization. 

What Are Articles of Organization for an LLC?

The articles of organization is a legal document filed with West Virginia’s Secretary of State to form an LLC officially. It will include your business name, address, registered agent information, and more, as detailed below. 

First, Select a Registered Agent for Your State LLC

West Virginia requires LLCs to appoint a registered agent, a person or company authorized to accept and respond to official business correspondence, such as legal, tax, or financial documents. 

The registered agent ensures all required notices and documents are received. In West Virginia, the registered agent can be an LLC member, individual, or entity that meets state requirements. In West Virginia, a registered agent must:  

• Be 18 years or older
• Have a physical address in the state 
• Be available during regular business hours 
• Be registered to operate in the state, if it’s a business

Many business owners hire a registered agent service to ensure their LLC stays fully compliant and for convenience. 

If you choose to be your registered agent, you must be at your registered agent’s address for all business hours. A registered agent service allows you to be wherever you need to be to run and grow your business. 

How to Submit Articles of Organization in West Virginia

To start, visit the Secretary of State’s website and create an account to access the articles of organization online. 

In West Virginia, the articles of organization require the following information: 

• LLC name
• Principal office address
• Mailing address
• Registered agent information
• Email address
• Business website address
• Organizer information
• Member and manager information
• Business purpose
• Contact and signature information

After creating an account, click on “New Business Registration.” You will be prompted to enter information about your business’s nature and input a  business description.

Next, choose your management structure or whether your LLC will be member-managed or manager-managed.

The following screens will allow you to enter all the information outlined above. After entering all the required information, review your entries to ensure they are correct. Then confirm and head to the payment page.

You can also complete and submit a paper form if you wish to file by mail.

Some entrepreneurs hire an LLC formation service like ZenBusiness to handle this step, saving time and ensuring the process is done correctly. 

Draft an Operating Agreement

West Virginia does not require an operating agreement, but it’s a crucial document that defines members’ ownership percentages and profit allocations. Those are the two key elements, but it should also include the following:

• Each member’s rights and responsibilities
• Management structure and roles 
• Voting rights of each member
• Rules for meetings and voting
• What happens when a member sells their interest, becomes disabled, or dies

You can find operating agreement templates online, but it’s best to have them drawn up or reviewed by an attorney. The language of an operating agreement is crucial and can often help determine how member disputes will be resolved. Here you can obtain a free operating agreement template for your West Virginia LLC.

Contact Information for the Secretary of State

West Virginia Secretary of State Department Website

Office of the Secretary of State
State Capitol Building
Charleston, WV 25305
(304) 558-6000

WV One Stop Business Center
1615 East Washington Street
Charleston, WV 25311-2126
(304) 558-8000

In Closing

There’s only one way to create an LLC in West Virginia: successfully filing articles of organization. If you make any mistakes, you’ll likely have to refile, so be sure to do it right the first time and set your business up for serious success!