[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.