How to Start an LLC in West Virginia (2026)

Full transcript

0:00 The short answer

Dan To start an LLC in West Virginia, you file Articles of Organization, Form LLD-1, with the West Virginia Secretary of State. The fee is $100, plus $1 if you file online.

Maya So $101 online?

Dan Yes, through the One Stop Business Portal.

Maya This is The Business Formation Podcast. Today, West Virginia for 2026: six steps, every fee, and the three best ways to have it filed for you. What's the first step?

0:29 Step 1: Choose a name

Dan End your name with limited liability company, limited company, or an abbreviation like LLC or LC.

Maya And what else?

Dan It has to be distinguishable from names already filed.

Maya Where do I check?

Dan Search the Secretary of State's business records.

Maya Can I hold a name?

Dan A reservation is $15 and lasts 120 days.

0:52 Step 2: Decide on an agent

Maya Do I need a registered agent in West Virginia?

Dan Interesting question, because it's optional here. The Articles ask for an agent for service of process only if you have one.

Maya What happens if I don't list one?

Dan Lawsuits are served on the Secretary of State, and then mailed to your principal office. That can cost you time.

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

Dan Great to be here, Maya. So many owners still list a commercial agent.

Maya Who can serve?

Dan A West Virginia resident, or a company. Adding or changing an agent later costs $15.

1:29 Step 3: File Form LLD-1

Maya How do I file?

Dan Through the One Stop Business Portal for $100, plus the $1 online processing fee. You can also mail it in.

Maya What does the form need?

Dan The names and addresses of all members or managers.

Maya What if I leave them off?

Dan The filing is rejected. And it's a public document, so those names and addresses are visible.

Maya How long does it take?

Dan Standard processing is five to ten business days. Next-day service costs $25 more.

1:58 Step 4: Write an operating agreement

Maya Is the operating agreement filed?

Dan No. It stays with your records, and there's no state fee.

Maya What should it say?

Dan Who owns what, how profits are split, who makes decisions, and what happens if a member leaves.

Maya And in writing?

Dan Always in writing.

2:14 Step 5: Get a free EIN and register for state tax

Maya Now the federal number.

Dan Apply for your EIN free with the IRS at IRS.gov, after the state files your Articles. If it's approved online, the number is issued right away.

Maya Is that the last registration?

Dan No. Filing the Articles alone doesn't let you do business in West Virginia. You also register with the State Tax Division for a business registration certificate.

Maya What does that cost?

Dan Usually $30, and One Stop handles both.

Maya And the ownership report?

Dan Skip it. FinCEN no longer requires one from U.S. companies.

2:50 Step 6: File the annual report

Maya What does West Virginia want every year?

Dan An annual report, filed between January 1 and June 30, starting the year after you form.

Maya Cost?

Dan $25, filed online through One Stop.

Maya And if I miss June 30?

Dan Then it's $75, including a $50 late fee.

Maya What if I keep ignoring it?

Dan The state can administratively dissolve the LLC.

3:15 What it costs

Maya Do-it-yourself total?

Dan $101 to form the LLC online. Usually $30 for the business registration certificate. Then $25 a year for the annual report.

Maya So up front?

Dan $131 before your first report. The EIN is free.

Maya And the extras?

Dan A name reservation is $15, an agent change is $15, and the next-day service is $25.

3:43 Rush options

Maya You mentioned next-day service. Are there faster ones?

Dan There are. Next business day is $25 extra. A two-hour rush is $250, and a one-hour rush is $500.

Maya Those are steep.

Dan They are, and standard processing is five to ten business days.

Maya So when would anyone use them?

Dan When a deadline forces you. Otherwise, the $25 next-day option is the one most people would consider.

4:14 Skipping the agent: the trade-off

Maya Back to the optional agent. If I skip it, what exactly changes?

Dan Service of process goes to the Secretary of State, which then mails it to your principal office.

Maya So the mail could sit.

Dan That's the risk. It can cost you time.

Maya And listing an agent fixes it?

Dan It gives the papers a direct destination, which is why many owners list a commercial agent.

Maya How much does that run?

Dan The three services we'll cover each include one in their plans.

4:43 State business registration

Maya Let me go back to the State Tax Division. Is it a separate step?

Dan Yes. The Articles create the LLC, but you also register for a business registration certificate before doing business.

Maya And where?

Dan Through One Stop, which handles both the filing and the registration.

Maya What does it cost?

Dan Usually $30.

Maya Does that one come around every year?

Dan What recurs every year is the $25 annual report. The $30 is the business registration fee.

Maya So the first year has an extra line item.

Dan Right. Budget $101 for the Articles and about $30 for the registration, before your first report.

Maya And the annual report doesn't start right away?

Dan It starts the year after you form.

5:30 Planning your first annual report

Maya When is my first annual report due, if I form this year?

Dan The year after you form. The window runs from January 1 to June 30.

Maya So there's plenty of runway.

Dan There is, but it's easy to forget. The cost is $25 on time, and $75 after June 30, with the $50 late fee included.

Maya That's a big jump for a missed date.

Dan It's triple the price, and ignoring it long enough can lead to administrative dissolution. Set a reminder for the spring.

6:00 Your first-year checklist

Maya Order of operations?

Dan Search the name. Decide whether to list an agent. File Form LLD-1 online for $101.

Maya Then?

Dan Write the operating agreement, get your EIN, register with the State Tax Division, and mark June 30 for the annual report.

6:21 The 3 best ways to file in West Virginia

Maya What if I'd rather have someone else handle it?

Dan Here are the three best ways to file in West Virginia. Number one, our pick, is Mainstay Filing, $199 a year plus the state fee. With the $101 state fee, checkout comes to $300.

Maya What's included?

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

Maya And the annual report?

Dan Mainstay files it by June 30 every year. You pay only the $25 state fee.

Maya Number two?

Dan WV Registered Agent.org. It prepares and files your Articles for $199 plus the state fee, also $300 at checkout. The first year of agent service is free, then $99 a year.

Maya And three?

Dan West Virginia Registered Agent.co. Same offer: $199 plus the state fee, first year of agent service free, then $99 a year.

Maya How do I choose?

Dan If you'll file the annual report yourself, numbers two and three cost less from year two, at $99 a year for the agent alone. The $25 state fee is the same either way.

7:42 Three years of service fees

Maya Give me the three-year view.

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

Maya A $200 gap.

Dan Yes. With Mainstay, that gap pays for your annual report to be filed for you.

8:06 Recap

Maya Can you recap?

Dan Choose a name ending in LLC, decide on an agent for service of process, file Form LLD-1 online for $100 plus $1, write an operating agreement, get your free EIN, register with the State Tax Division, and file your $25 annual report by June 30 each year.

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