Start Your West Virginia LLC: 5 to 10 Business Days on Paper
Form your limited liability company with West Virginia's affordable $100 filing fee and our step-by-step guide.
By Edmond Hui · Last updated: October 2026
West Virginia's paper Form LLD-1 (Rev. 09/2026) lists standard processing at 5 to 10 business days, at no additional cost
West Virginia's paper Form LLD-1 (Rev. 09/2026) states standard processing takes 5 to 10 business days at no additional cost; no separate online figure is published. If you want it faster, expedited options are in-person same day $25, next business day $25, 2-hour $250, and 1-hour $500.
Source: MyStateLLC 50-state primary-source processing verification, July 2026
Choosing an LLC formation service for West Virginia?
We compared Northwest Registered Agent, Bizee, ZenBusiness and LegalZoom, the formation services we partner with, on 3-year cost, BBB rating and Trustpilot score.
$39 with Northwest, plus your $100 state fee. Northwest's $39 includes a year of registered agent service.
Affiliate disclosure: We may earn a commission at no extra cost to you.
Form your LLC with Northwest ($39 + state fee)Includes a year of registered agent service. After year one, registered agent service is $125/yr. That enrolls you by default in annual report filing at $100 plus state fees, charged automatically to your saved payment method and cancellable any time.Forming in West Virginia? Compare the best LLC services in West Virginia.
Prefer to file directly? File yourself at the Secretary of State → ($100 state fee, no service fee)
Not sure which service is right? Compare formation services →
Quick Facts
| State filing fee | $100 |
| Processing time | 5 to 10 business days (paper) |
| Annual report due | June 30 |
| Annual report fee | $25 |
| State income tax | Members pay 2.11% to 4.58% on pass-through profits. The LLC also needs a $30 Business Registration Certificate from the State Tax Department |
Source: West Virginia Secretary of State (verified September 2026)

How to Form an LLC: Step-by-Step
- 1
Choose Your West Virginia LLC Name
Select a unique name ending with 'LLC' or 'Limited Liability Company.' Check availability using the West Virginia Secretary of State's business search tool. Your name must be distinguishable from existing businesses registered in the state.
How to search West Virginia's business entity records →
Pro tip: Reserve your chosen name for 30 days by filing a Name Reservation Application with a $15 fee if you need extra time to prepare your formation documents. - 2
Decide Whether to Name a Registered Agent (Agent for Service of Process)
West Virginia does not require an LLC to name an agent for service of process. The law says an LLC may keep one. If you name one, the agent must be a West Virginia resident, a domestic corporation, another limited liability company, or a foreign corporation or company authorized to do business in West Virginia. If the LLC has no agent, or the agent cannot be found, the Secretary of State acts as its agent and forwards legal papers to the person the LLC last named to receive them or, failing that, to its principal office address on file.
West Virginia registered agent rules, costs and options →
Pro tip: If you do not name an agent, keep your principal office address current with the Secretary of State, because forwarded legal papers go there. - 3
File Articles of Organization
Submit your Articles of Organization to the West Virginia Secretary of State with the $100 filing fee. You can file it online.
What You File in West Virginia
In West Virginia, the formation document is the Articles of Organization of Limited Liability Company (Form LLD-1), filed with the West Virginia Secretary of State, Business and Licensing Division. The state filing fee is $100. West Virginia lets you fill in and file the Articles of Organization of Limited Liability Company online. The state's published processing time: 5 to 10 business days (paper). The form itself requires the LLC's name, the principal office address, the organizer's name, whether the LLC is member-managed or manager-managed, a business purpose, the LLC's duration, the county and an email address. Every line of the Articles of Organization of Limited Liability Company, field by field →
Processing Times
- Online: No separate online figure is published; the paper Form LLD-1 (Rev. 09/2026) lists standard processing at 5 to 10 business days at no additional cost
- Mail: Standard processing on the paper Form LLD-1 takes 5 to 10 business days once received; mail delivery adds time before the clock starts
- Expedited: In-person same day $25, next business day $25, 2-hour $250, and 1-hour $500 (the $25 24-hour service is now listed as Next Business Day)
Pro tip: Online filing is processed faster and provides immediate confirmation of submission with tracking capabilities. - 4
Create an Operating Agreement
Draft an operating agreement outlining ownership structure, member responsibilities, and business procedures. This page has not confirmed whether West Virginia law requires an LLC to have an operating agreement. A written agreement signed by every member is worth having either way: it records who owns what share, who makes decisions and how profits are divided.
West Virginia LLC operating agreement: what to include →
Pro tip: Even single-member LLCs should have an operating agreement to demonstrate separation between personal and business affairs for legal and tax purposes. - 5
Get Your Federal EIN
Apply for an Employer Identification Number (EIN) from the IRS for tax reporting and banking purposes. This free process can be completed online at irs.gov and typically takes a few minutes. You'll need this number even if you don't plan to hire employees.
How to get your LLC's EIN from the IRS, free →
Pro tip: Apply for your EIN immediately after your Articles of Organization are approved to avoid delays in opening business bank accounts. - 6
Open a Business Bank Account
Establish a dedicated business bank account using your EIN and LLC formation documents. This separation between personal and business finances matters for maintaining your limited liability protection and simplifying tax preparation.
Business bank accounts for West Virginia LLCs →
Pro tip: Shop around for business banking packages, as many West Virginia banks offer special rates for new LLCs and small businesses. - 7
Obtain Required Business Licenses
Research and obtain any necessary business licenses and permits for your specific industry and location in West Virginia. Requirements vary by business type and may include state licenses, local permits, or federal registrations depending on your activities.
Does your West Virginia LLC need a business license? →
Pro tip: Check with your city or county clerk's office for local business license requirements, as these vary significantly between West Virginia municipalities.
Forming as a veteran? West Virginia waives the LLC formation filing fee for qualifying veteran-owned businesses. Who qualifies and how to claim it →
This guide is general information, not legal or tax advice, and reading it does not create an attorney-client relationship. It reports what each Secretary of State publishes for forming an LLC, with the sources this page cites. It cannot tell you what your own filing needs: fees and forms change between our reviews, several occupations cannot use an ordinary LLC at all and must use a professional entity, and your city or county may require a registration of its own. Confirm the current fee and form with the filing office named on this page before you send anything.
Frequently Asked Questions
Sources
6 documents
Each entry below is a document recorded in our verified West Virginia sources, and each entry says what the document is. Some statutory text is read from an accurate mirror rather than from the state's own host, and those say so. Where we hold the citation but no stable public link, the citation is printed on its own rather than pointed at a guessed address.
- West Virginia statute: W. Va. Code § 31B-1-108 (agent for service of process)
- West Virginia statute: § 31B-1-111 (Secretary of State as agent)
- sos.wv.gov/businessWest Virginia Secretary of State: business entity filings
- sos.wv.gov/media/335/download?inline=West Virginia LLC filing fees
- code.wvlegislature.gov/59-1-2a/West Virginia statute: Annual Report
- sos.wv.gov/business/updates-and-changes/annual-reportsWest Virginia Secretary of State: file the Annual Report
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Ready to Form Your West Virginia LLC?
$39 with Northwest, plus your $100 state fee. Northwest's $39 includes a year of registered agent service.
Affiliate disclosure: We may earn a commission at no extra cost to you.
Form your LLC with Northwest ($39 + state fee)Includes a year of registered agent service. After year one, registered agent service is $125/yr. That enrolls you by default in annual report filing at $100 plus state fees, charged automatically to your saved payment method and cancellable any time.Prefer to file directly? File yourself at the Secretary of State → ($100 state fee, no service fee)
Not sure which service is right? Compare formation services →

Edmond Hui · Founder, MyStateLLC
Edmond Hui is a software engineer and serial entrepreneur based in New York who has founded multiple online businesses across e-commerce, media, and information publishing. Before transitioning into tech, he spent years as a commercial real estate professional closing deals totaling over 100,000 square feet, giving him firsthand experience with business formation and entity structuring. He built MyStateLLC to provide the free, state-specific LLC guidance he wished existed when forming his own companies.