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<v Dan>To start an LLC in West Virginia, you file Articles of Organization, Form LLD-1,

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<v Dan>with the West Virginia Secretary of State.

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<v Dan>The fee is $100, plus $1 if you file online.

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<v Maya>So $101 online?

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<v Dan>Yes, through the One Stop Business Portal.

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<v Maya>This is The Business Formation Podcast.

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<v Maya>Today, West Virginia for 2026: six steps, every fee, and the three best ways to have

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<v Maya>it filed for you. What's the first step?

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<v Dan>End your name with limited liability company, limited company, or an abbreviation

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<v Dan>like LLC or LC.

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<v Maya>And what else?

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<v Dan>It has to be distinguishable from names already filed.

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<v Maya>Where do I check?

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<v Dan>Search the Secretary of State's business records.

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<v Maya>Can I hold a name?

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<v Dan>A reservation is $15 and lasts 120 days.

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<v Maya>Do I need a registered agent in West Virginia?

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<v Dan>Interesting question, because it's optional here.

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<v Dan>The Articles ask for an agent for service of process only if you have one.

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<v Maya>What happens if I don't list one?

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<v Dan>Lawsuits are served on the Secretary of State, and then mailed to your principal

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<v Dan>office. That can cost you time.

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

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

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<v Maya>Who can serve?

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<v Dan>A West Virginia resident, or a company.

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<v Dan>Adding or changing an agent later costs $15.

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<v Maya>How do I file?

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<v Dan>Through the One Stop Business Portal for $100, plus the $1 online processing fee.

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<v Dan>You can also mail it in.

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<v Maya>What does the form need?

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<v Dan>The names and addresses of all members or managers.

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<v Maya>What if I leave them off?

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

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<v Dan>visible.

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<v Maya>How long does it take?

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<v Dan>Standard processing is five to ten business days.

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<v Dan>Next-day service costs $25 more.

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<v Maya>Is the operating agreement filed?

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

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<v Maya>What should it say?

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<v Dan>Who owns what, how profits are split, who makes decisions, and what happens if a

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<v Dan>member leaves.

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<v Maya>And in writing?

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<v Dan>Always in writing.

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<v Maya>Now the federal number.

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<v Dan>Apply for your EIN free with the IRS at IRS.gov, after the state files your

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<v Dan>Articles. If it's approved online, the number is issued right away.

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<v Maya>Is that the last registration?

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<v Dan>No. Filing the Articles alone doesn't let you do business in West Virginia.

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<v Dan>You also register with the State Tax Division for a business registration

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<v Dan>certificate.

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<v Maya>What does that cost?

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<v Dan>Usually $30, and One Stop handles both.

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<v Maya>And the ownership report?

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<v Dan>Skip it. FinCEN no longer requires one from U.S.

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<v Dan>companies.

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<v Maya>What does West Virginia want every year?

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<v Dan>An annual report, filed between January 1 and June 30, starting the year after you

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<v Dan>form.

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<v Maya>Cost?

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<v Dan>$25, filed online through One Stop.

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<v Maya>And if I miss June 30?

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

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<v Maya>What if I keep ignoring it?

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<v Dan>The state can administratively dissolve the LLC.

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<v Maya>Do-it-yourself total?

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<v Dan>$101 to form the LLC online. Usually $30 for the business registration certificate.

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<v Dan>Then $25 a year for the annual report.

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<v Maya>So up front?

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<v Dan>$131 before your first report.

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<v Dan>The EIN is free.

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<v Maya>And the extras?

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<v Dan>A name reservation is $15, an agent change is $15, and the next-day service is

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<v Dan>$25.

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<v Maya>You mentioned next-day service.

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<v Maya>Are there faster ones?

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<v Dan>There are. Next business day is $25 extra.

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<v Dan>A two-hour rush is $250, and a one-hour rush is $500.

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<v Maya>Those are steep.

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

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<v Maya>So when would anyone use them?

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<v Dan>When a deadline forces you. Otherwise, the $25 next-day option is the one most

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<v Dan>people would consider.

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

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<v Dan>Service of process goes to the Secretary of State, which then mails it to your

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<v Dan>principal office.

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<v Maya>So the mail could sit.

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

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<v Maya>And listing an agent fixes it?

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<v Dan>It gives the papers a direct destination, which is why many owners list a commercial

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<v Dan>agent.

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<v Maya>How much does that run?

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

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<v Maya>Let me go back to the State Tax Division.

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<v Maya>Is it a separate step?

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<v Dan>Yes. The Articles create the LLC, but you also register for a business registration

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<v Dan>certificate before doing business.

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<v Maya>And where?

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

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<v Maya>What does it cost?

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<v Dan>Usually $30.

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<v Maya>Does that one come around every year?

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<v Dan>What recurs every year is the $25 annual report.

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<v Dan>The $30 is the business registration fee.

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<v Maya>So the first year has an extra line item.

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<v Dan>Right. Budget $101 for the Articles and about $30 for the registration, before your

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<v Dan>first report.

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

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<v Dan>It starts the year after you form.

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

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

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<v Maya>So there's plenty of runway.

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<v Dan>There is, but it's easy to forget.

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<v Dan>The cost is $25 on time, and $75 after June 30, with the $50 late fee

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<v Dan>included.

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<v Maya>That's a big jump for a missed date.

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<v Dan>It's triple the price, and ignoring it long enough can lead to administrative

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<v Dan>dissolution. Set a reminder for the spring.

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<v Maya>Order of operations?

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<v Dan>Search the name. Decide whether to list an agent.

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<v Dan>File Form LLD-1 online for $101.

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<v Maya>Then?

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<v Dan>Write the operating agreement, get your EIN, register with the State Tax Division,

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<v Dan>and mark June 30 for the annual report.

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

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<v Dan>Here are the three best ways to file in West Virginia.

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<v Dan>Number one, our pick, is Mainstay Filing, $199 a year plus the state

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<v Dan>fee. With the $101 state fee, checkout comes to $300.

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<v Maya>What's included?

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<v Dan>Your Articles filed, your EIN application, and your agent for service of process

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<v Dan>every year. It renews at the same $199.

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<v Maya>And the annual report?

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<v Dan>Mainstay files it by June 30 every year.

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<v Dan>You pay only the $25 state fee.

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<v Maya>Number two?

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<v Dan>WV Registered Agent.org. It prepares and files your Articles for

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<v Dan>$199 plus the state fee, also $300 at checkout.

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<v Dan>The first year of agent service is free, then $99 a year.

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<v Maya>And three?

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<v Dan>West Virginia Registered Agent.co.

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<v Dan>Same offer: $199 plus the state fee, first year of agent service free, then

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<v Dan>$99 a year.

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<v Maya>How do I choose?

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<v Dan>If you'll file the annual report yourself, numbers two and three cost less from year

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<v Dan>two, at $99 a year for the agent alone.

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<v Dan>The $25 state fee is the same either way.

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<v Maya>Give me the three-year view.

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<v Dan>Mainstay is $199 a year, so $597.

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<v Dan>Number two or three is $199 in year one, then $99 for each of the next two

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<v Dan>years, so $397.

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<v Maya>A $200 gap.

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

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<v Maya>Can you recap?

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<v Dan>Choose a name ending in LLC, decide on an agent for service of process, file Form

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<v Dan>LLD-1 online for $100 plus $1, write an operating agreement, get your free

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<v Dan>EIN, register with the State Tax Division, and file your $25 annual report by June

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<v Dan>30 each year.

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<v Maya>The links to all three services and every official source are in the show notes.

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<v Maya>Thanks for listening to The Business Formation Podcast, and good luck with your new

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<v Maya>West Virginia LLC.