How to Start an LLC in Virginia (2026)

Full transcript

0:00 The short answer

Dan To start an LLC in Virginia, you file Articles of Organization, Form LLC1011, with the State Corporation Commission and pay the $100 filing fee.

Maya The Commission. That isn't the Secretary of State, is it?

Dan Not here. In Virginia, the State Corporation Commission, or SCC, handles business filings. You'll file online in its Clerk's Information System.

Maya This is The Business Formation Podcast. Today, Virginia for 2026, in six steps, with what it all costs and the two best ways to have it filed for you. What's step one?

0:36 Step 1: Choose a name

Dan Virginia requires limited company, limited liability company, LLC, or L.C. in the name. It also has to be distinguishable on the Commission's records.

Maya Any banned words?

Dan Yes. Corporation and incorporated aren't allowed.

Maya How do I check a name?

Dan Availability is free to check in the Clerk's Information System. If you want to reserve it, that's $10 for 120 days.

1:03 Step 2: Name a registered agent who qualifies

Maya Virginia is picky about the registered agent, I've heard.

Dan It has a short list of who qualifies. A Virginia resident who is a member or manager of the LLC. A Virginia lawyer. Or a business authorized to operate in Virginia.

Maya What about a friend who lives nearby?

Dan A friend who isn't a member can't serve. And the LLC can't be its own agent, either.

Maya Is the address public?

Dan The registered office address is, yes. That's why many owners use a commercial agent. If you change agents later, there's no fee.

1:35 Step 3: File Articles of Organization

Maya How do I file?

Dan Submit Form LLC1011 to the SCC, online in the Clerk's Information System or by mail. The fee is $100.

Maya What does it ask for?

Dan The name, a principal office, your registered agent and how they qualify, the registered office, and the organizer's signature. It doesn't list your members.

Maya Is the online route fast?

Dan A complete online filing can be approved in real time.

Maya I'm Maya, by the way, here with Dan.

Dan Nice to meet you, Maya. If a filing needs review, there are paid expedites, online only. Next day is $50 or $100, and same day is $200.

2:20 Step 4: Write an operating agreement

Maya Does the Commission want my operating agreement?

Dan No. You keep it with your records, and there's no state fee.

Maya What if I don't write one?

Dan Virginia's default LLC rules decide things like how profits are split. So put yours in writing. Who owns what, who makes decisions, and what happens if a member leaves.

2:41 Step 5: Get a free EIN

Maya Then the federal side.

Dan Apply for your EIN free with the IRS at IRS.gov, once the Commission has filed your Articles.

Maya Is it quick?

Dan If the online application is approved, the number is issued right away. Have the Social Security number or ITIN of the person in charge on hand.

Maya And the beneficial ownership report?

Dan You can skip it. FinCEN no longer requires it from U.S. companies.

3:07 Step 6: Pay the $50 annual registration fee

Maya Is there an annual report?

Dan No. Virginia has no annual report for LLCs. Instead, there's an annual registration fee of $50.

Maya When is it due?

Dan By the last day of the month you formed, every year after the first.

Maya So the first year is covered?

Dan Yes. The fee starts the year after you form.

Maya What if I pay late?

Dan There's a $25 penalty. And if it's still unpaid three months after the due date, the LLC is canceled automatically.

Maya Can I undo that?

Dan Within five years, reinstating costs $100, plus the fees you owe.

3:44 What it costs

Maya Give me the do-it-yourself total.

Dan $100 to form. Then $50 a year for the registration fee. The EIN is free.

Maya And the extras?

Dan A name reservation is $10. An online next-day expedite is $50 or $100.

Maya What's a good first-year number?

Dan $100 for most people. With a reservation, $110.

4:09 What a late payment really costs

Maya Let me test the late math. Say I miss the due date by a few weeks.

Dan Then you owe the $50 fee plus the $25 penalty, which is $75.

Maya And if I wait four months?

Dan By then the LLC has been canceled. Reinstating within five years is $100, plus the fees owed.

Maya So the penalty is cheap compared with the cancellation.

Dan Yes, so set a reminder for your formation month. The three-month window is the one to watch.

4:39 Picking your registered agent

Maya Walk me through the three kinds of agent again.

Dan First, a Virginia resident who is a member or manager of the LLC. That could be you, if you live in Virginia.

Maya Second?

Dan A Virginia State Bar member, so a Virginia lawyer. Third, a business authorized to operate in Virginia, which is what a commercial agent is.

Maya Does the agent need a real office?

Dan Yes. You list a physical Virginia office, and that registered office address is public.

Maya What if the agent steps down?

Dan Then you name a new one. Changing agents costs nothing in Virginia, so there's no fee to fix it.

Maya Why not just use my own name, then?

Dan You can, if you qualify. Many owners would rather not put a home address on the public record, so they use a business instead.

5:27 Online or mail

Maya Should I file by mail?

Dan Online is the better choice. A complete filing can be approved in real time, and mail can't promise that.

Maya When would mail make sense?

Dan If you prefer paper. The fee is the same $100 either way.

Maya And the expedite options?

Dan Those are online only. If your filing is reviewed, next day is $50 or $100, and same day is $200.

Maya So if I want speed, I have to file online.

Dan Yes. That's the main reason to file there.

5:59 First-year checklist

Maya Give me the order of operations.

Dan Check your name in the Clerk's Information System. Settle on a registered agent who qualifies. File Form LLC1011 for $100. Then apply for your EIN, and write your operating agreement.

Maya And the calendar?

Dan Mark the last day of your formation month. That's your annual registration fee deadline, starting the year after you form.

Maya And the amount to remember is?

Dan $50. Everything else in Virginia is a one-time cost.

6:30 The 2 best ways to file in Virginia

Maya What if I want someone else to handle it?

Dan Here are the two best ways to file in Virginia. Number one, our pick, is Mainstay Filing, $199 a year plus the state fee. With the $100 state fee, checkout comes to $299.

Maya What does it cover?

Dan Your Articles filed, your EIN application, and your registered agent every year. It renews at the same $199.

Maya And the $50 fee?

Dan In Virginia, Mainstay tracks your annual registration fee and pays it on time. You pay only the state fee.

Maya Number two?

Dan VA Registered Agent.org. It prepares and files your Articles for $199 plus the state fee, which is also $299 at checkout, and your first year of agent service is free. After that, agent service is $99 a year.

Maya How should I choose?

Dan If you'll pay the annual fee yourself, number two costs less from year two, at $99 a year for the agent alone. The $50 state fee is the same either way. If you want it tracked and paid for you at one steady price, that's Mainstay.

7:46 Three years of service fees

Maya Three-year number?

Dan Mainstay is $199 a year, so $597. Number two is $199 in year one, then $99 in each of the next two years, for $397.

Maya That's $200 apart.

Dan Yes, and in Virginia, that gap covers having your annual fee tracked for you.

8:09 Recap

Maya Run it one more time?

Dan Choose a name with LLC in it, name a registered agent who qualifies, file Form LLC1011 for $100, write an operating agreement, get your free EIN, and pay your $50 annual registration fee every year.

Maya The links to both services and every official source are in the show notes. Thanks for listening to The Business Formation Podcast, and good luck with your new Virginia LLC.