Step 1 · Form the entity
How to form an LLC in West Virginia (2026)
Form a West Virginia LLC on One Stop for $100 ($101 online). No newspaper notice, optional agent, and a $25 annual report due January 1–June 30 each year after you register.
File a domestic West Virginia LLC with the West Virginia Secretary of State when you live in West Virginia and will do the work from West Virginia. Compare structures on LLC vs sole proprietorship.
How much does it cost to form an LLC in West Virginia?
West Virginia charges $100 for domestic LLC Articles of Organization under W. Va. Code § 59-1-2, and the Secretary of State adds a $1 processing fee to every online filing, so the One Stop checkout is $101, re-checked 22 October 2026. The EIN from the IRS is free, so the state fee is the main startup cost.
How do I file West Virginia Articles of Organization online?
File on the West Virginia One Stop Business Portal. Have a distinguishable name that ends in “LLC” or “limited liability company,” the principal office address, the management type, and the organizer’s signature ready, then pay by card and save the filed articles. The Secretary of State also publishes paper Form LLD-1 if you would rather mail it.
Does a West Virginia LLC need a registered agent?
Naming one is optional: W. Va. Code § 31B-1-108 says an LLC “may” keep an agent for service of process in the state, and the Secretary of State serves as the company’s attorney-in-fact, paid for through the annual report fee. A named agent must be a West Virginia resident or a company authorized here. See registered agent basics.
Does a West Virginia LLC need newspaper publication?
No. The West Virginia Articles of Organization path has no newspaper notice step, so skip any “publication” add-on a filing service offers for a West Virginia LLC. That is different from states such as New York and Nebraska, which do require a notice after filing. Compare: How Nebraska handles LLC publication.
Does a West Virginia LLC file an annual report?
Yes. Every LLC files an annual report on One Stop between January 1 and June 30, starting the year after it registers. The fee is $25 if received by June 30 and $75 after, which includes a $50 late fee. A $50 biennial option opens only after five years of on-time filings. Cross-state renewals: LLC annual report and annual registration.
Do I get an EIN before or after filing the West Virginia LLC?
After. The IRS tells applicants to form the state entity first, and the EIN application on IRS.gov is free. Apply the day the Secretary of State accepts your Articles of Organization, then use the EIN to open a separate account for the business. Walkthrough: Get an EIN; then open a first business checking account.
West Virginia LLC fee table (re-checked 22 October 2026)
| Item | Amount | Notes |
|---|---|---|
| Articles of Organization | $100, plus $1 online | Forms the LLC |
| Name reservation | $15 | Optional; holds a name for 120 days |
| Annual report | $25 by June 30 / $75 after | Each year after registration |
| Biennial report | $50 | Election after five years of on-time filings |
| Articles of termination | $25 | When you close the LLC |
| Foreign LLC Certificate of Authority | $150 | For an LLC formed in another state |
| EIN | $0 | Free on IRS.gov |
If the portal shows a different checkout total, pay what the portal shows and keep the receipt.
DIY or a formation shop. The walkthrough on this page is for West Virginia Articles of Organization. If you would rather pay a shop to handle the filing paperwork, compare these:
| Service | Best for |
|---|---|
| Swyft Filings | Fast online filing with compliance reminders |
| Bizee | Budget-minded formation packages |
| Zenind | Formation bundled with registered agent |
| MyCompanyWorks | Simple, no-frills formation filing |
| MyCorporation | LLC formation plus DBA, EIN and registered agent add-ons |
| CorpNet | Formation packages with a year of registered agent and EIN bundled |
| BizFilings | Established filing service (Wolters Kluwer) |
| doola | Non-US founders forming a US LLC |
| Harbor Compliance | Registered agent and multi-state compliance |
| Business Anywhere | Registered agent + virtual business mailbox |
| ZenBusiness | All-in-one formation packages |
Prices, registered agent renewals, and checkout traps side by side: LLC formation services compared by fit.
Optional branches (not always required to file)
File in West Virginia if the work is in West Virginia
Filing in Wyoming, Delaware, or another state does not move West Virginia work out of West Virginia. An LLC formed elsewhere that transacts business here still needs a West Virginia Certificate of Authority, plus the formation state’s agent and recurring fees. Home-state filing is the cheaper default for a one-state operator. Multi-state overview: Foreign LLC and certificate of authority.
Do not try to hide from the West Virginia Secretary of State. An LLC is a public filing, and organizer, member or manager, and agent details go on the record. Privacy products that promise invisibility are selling something the statute does not offer.
After the Articles of Organization are filed
Formation with the Secretary of State is not a state tax account, a sales-tax permit, a city business license, or a professional license. Those have their own filings.
Next: the money path. After the Articles of Organization is accepted:
- Get an EIN — free on IRS.gov after the state entity exists
- Open business checking — park operating cash in the LLC’s name
- First brokerage — only if the work needs one
Full first-30-days desk list: After you form an LLC. Setup overview on the setup checklist. Formation shops, if you want one instead of DIY, stay in the callout above.
West Virginia does not require an operating agreement to be filed with the Articles of Organization. A written agreement still matters between members, and banks often ask for one. See LLC operating agreement basics.
Missed an annual report? See Reinstate an administratively dissolved or revoked LLC and confirm catch-up totals on the portal before paying.
What this page does not cover
- Professional LLCs, series LLCs, conversions, or foreign registration beyond the fee line above.
- Sales tax, employer withholding, unemployment insurance, workers’ compensation, or local business licenses.
- Whether an S corporation election is worth the payroll. That is a CPA conversation after there is real net income.
- Voluntary dissolution steps; see Dissolve or cancel an LLC.
Sources
- West Virginia Secretary of State — Register a New WV Business (LLC/PLLC $100; $1 online processing fee on all online filings) — as of Re-checked 22 October 2026
- W. Va. Code § 59-1-2 — Fees (Articles of organization of LLC $100; foreign LLC certificate of authority $150; articles of termination $25; name reservation $15 per 120 days) — as of Re-checked 22 October 2026
- W. Va. Code § 59-1-2a — Annual report fee $25 or biennial report fee $50; due by 11:59 p.m. June 30; biennial election after five years of timely filing — as of Re-checked 22 October 2026
- W. Va. Code § 31B-1-108 — Designated office and agent for service of process (“may continuously maintain”) — as of Re-checked 22 October 2026
- West Virginia Secretary of State — Limited Liability Companies (annual report $25 by June 30; $75 after, including $50 late fee) — as of Re-checked 22 October 2026
- West Virginia Secretary of State — Annual Reports (January 1–June 30 of each year after registration) — as of Re-checked 22 October 2026
- West Virginia Secretary of State — Register an Out-of-State (Foreign) Business (foreign LLC $150) — as of Re-checked 22 October 2026
- IRS — Get an employer identification number (EIN is free; form the state entity first) — as of Re-checked 22 October 2026