The West Virginia Secretary of State registers LLCs, corporations, partnerships and trade names through its Business and Licensing Division. Most work runs through the WV One Stop Business Center, which has an online portal and a walk-in office in Charleston. Records are found in the Business Entity Search, which some pages also call the Business Organization Search.
Two details stand out here. The state runs three walk-in business centers, in Charleston, Clarksburg and Martinsburg. And the first filing fee may be waived for veteran-owned businesses and for West Virginia residents aged 18 to 29 who start a company.
Using the WV Business Entity Search
The search has one box: the organization name. You can type a portion of it, which helps when you are unsure of the exact legal name. The data is a day behind, and the landing page shows the date it is current to.
| Official business search | apps.wv.gov/SOS/BusinessEntitySearch (apps.wv.gov, checked ) |
|---|---|
| You can search by | business name (enter a portion of the name) (apps.wv.gov, checked ) |
| Name availability check | apps.wv.gov/SOS/BusinessEntitySearch (business4.wv.gov, checked ) |
| What a result means | Search data is informational. Disclaimer: 'updates and maintenance are ongoing for the information you will be viewing' and the Secretary of State makes 'no representation or warranty as to the correctness or completeness of the information'. Landing page shows 'Search Data Current as of' the prior day. (apps.wv.gov, checked ) |
The office says the data is informational only and makes no promise that it is complete. If you need proof for a bank or a lender, order a certificate rather than relying on a screenshot of the results page.
West Virginia filing fees
An LLC or a for-profit corporation costs $100 to form, plus a $1 online processing fee. A nonprofit pays $25. Out of state companies pay $150 for an LLC certificate of authority or $100 for a corporation, and they must attach a certificate of existence from their home state.
| Form an LLC | $100 (sos.wv.gov, checked ) |
|---|---|
| Form a corporation | $100 (sos.wv.gov, checked ) |
| Form a nonprofit | $25 (sos.wv.gov, checked ) |
| Register an out-of-state LLC | $150 (sos.wv.gov, checked ) |
| Reserve a name | $15 (sos.wv.gov, checked ) |
| Annual or biennial report | LLC: $25 if received by June 30; corporation: $25 if received by June 30 (for profit and nonprofit) (sos.wv.gov, checked ) |
| Good standing certificate | $10 standard (5 to 10 business days by mail/phone/fax; online credit card version is instant). Expedite adds $25 (24 hours), $250 (2 hours) or $500 (1 hour) (sos.wv.gov, checked ) |
| Faster processing | 24-hour $25; 2-hour $250; 1-hour $500 (in addition to the filing fee). Form NR-1 also lists in-person same day $25 and next business day $25. Standard processing 5 to 10 business days at no extra cost. (sos.wv.gov, checked ) |
Rather not file it yourself? Ask our private filing service about forming or reporting in West Virginia. State fees are separate.
Standard processing takes 5 to 10 business days. If that is too slow, the office sells faster service on top of the filing fee: $25 for 24 hours, $250 for 2 hours or $500 for 1 hour. Dissolutions and trademarks are among the filings that cannot be rushed.
The WV annual report and its June 30 cutoff
Each LLC and corporation formed by December 31 of the previous year files a report between January 1 and June 30. On time, it costs $25 plus the $1 online fee. After June 30 the price for an LLC or for-profit corporation jumps to $75, and a nonprofit pays $50.
| Fee | LLC: $25 if received by June 30; corporation: $25 if received by June 30 (for profit and nonprofit) (sos.wv.gov, checked ) |
|---|---|
| When it is due | Due June 30 each year (filing window January 1 to June 30). Required for entities formed on or before December 31 of the previous year. Notices are mailed or emailed in January. (sos.wv.gov, checked ) |
| If you file late | LLCs and for-profit corporations: $75 if received after June 30 ($50 late fee included). Nonprofit corporations: $50 ($25 late fee included). Failure to file may lead to administrative dissolution or revocation. (sos.wv.gov, checked ) |
| Where to file | onestop.wv.gov/b4wvpublic/default.aspx (sos.wv.gov, checked ) |
| Processing time | SOS says starting a business that used to take up to 10 days 'can now take less than two hours'. Standard paper processing 5 to 10 business days; expedite available. (sos.wv.gov, checked ) |
The report is also where you update your agent of process. Companies that never file risk dissolution or revocation, which means extra paperwork to get back in good order.
Name rules at the WV Secretary of State
An LLC name ends with a designator such as LLC, L.C. or Ltd. Co. Corporations use Inc., Corp., Co. or Ltd., and "Foundation" is kept for nonprofits. When staff compare names, they ignore endings, small words such as The or And, plurals, apostrophes and spacing.
| LLC name must include | Limited Liability Company, Limited Company, LLC, L.L.C., LC, L.C., Ltd. Co. (PLLC variants for professional LLCs, with board approval) (business4.wv.gov, checked ) |
|---|---|
| Corporation name must include | Corporation, Corp., Incorporated, Inc., Company, Co., Limited, Ltd. ('Foundation' reserved for nonprofits) (business4.wv.gov, checked ) |
| Words that are limited | No name may imply a purpose other than the stated purpose. 'Banking' and 'insurance' need that business activity; 'engineer' or 'engineering' need a registered WV professional engineer principal; '911' is prohibited; licensed professions have their own rules; 'Professional' names need board approval first. (sos.wv.gov, checked ) |
| How different a name must be | Names must be distinguishable from any other registered or reserved name. Not considered: corporate endings, word separators (The, A, And, &, -, /), singular vs plural, apostrophes, separated vs combined words. The office also applies a 'noticeably different' test, a 'billboard test' and industry tests, and may reject close names, e.g. Capitol Letters vs Capital Letters. A one-word difference is sometimes enough. (sos.wv.gov, checked ) |
| Reservation fee | $15 (sos.wv.gov, checked ) |
| Reservation lasts | 120 days (sos.wv.gov, checked ) |
| Reservation form | sos.wv.gov/media/304/download (sos.wv.gov, checked ) |
Name review here is strict. Staff apply a billboard test and an industry test, and they may refuse a name that looks too close, such as Capitol Letters against Capital Letters. Banking or insurance in a name requires that line of business, and 911 cannot be used at all. A reservation on Form NR-1 holds a name for 120 days for $15.
Certificate of existence
West Virginia calls its good standing document a Certificate of Existence for home state companies and a Certificate of Authorization for foreign ones. It is issued only to entities that are active and have filed their annual reports.
| What the state calls it | Certificate of Existence (domestic) / Certificate of Authorization (foreign) (sos.wv.gov, checked ) |
|---|---|
| Fee | $10 standard (5 to 10 business days by mail/phone/fax; online credit card version is instant). Expedite adds $25 (24 hours), $250 (2 hours) or $500 (1 hour) (sos.wv.gov, checked ) |
| Where to order | apps.wv.gov/SOS/BusinessEntitySearch (apps.wv.gov, checked ) |
The online version costs $10 and downloads at once. You can read more about what this document proves on our certificate of good standing page.
Trade names (DBA) in West Virginia
Companies already on the register, such as LLCs and corporations, file a trade name with the Secretary of State for $25 plus the $1 online fee. Sole proprietors and general partnerships do not pay this filing fee. They check name availability with the WV State Tax Department at 304-558-3333.
State Secretary of State registers trade names (DBAs) for corporations, LLCs, LPs, LLPs, voluntary associations and business trusts: $25 each (plus $1 online fee). Individuals, sole proprietorships and general partnerships: no filing fee; name availability for those is checked with the WV State Tax Department (304-558-3333). (sos.wv.gov, checked )
Getting help from the WV Secretary of State
| Office | West Virginia Secretary of State (sos.wv.gov, checked ) |
|---|---|
| Division | Business and Licensing Division (Business Division); WV One Stop Business Center (sos.wv.gov, checked ) |
| Officeholder | Kris Warner (sos.wv.gov, checked ) |
| Phone | 304-558-8000 (Business & Licensing call center); toll free 866-767-8683; fax 304-558-8381. Clarksburg 304-367-2775; Martinsburg 304-356-2654 (sos.wv.gov, checked ) |
| Hours | Charleston: Mon to Fri 8:30 a.m. to 5 p.m. Eastern. Clarksburg and Martinsburg: Mon to Fri 9 a.m. to 5 p.m. Eastern (sos.wv.gov, checked ) |
| Mailing address | West Virginia Secretary of State, 1900 Kanawha Blvd. East, Building 1, Suite 157K, Charleston, WV 25305. For business filings: One Stop Business Center, Attn: Business Division, 13 Kanawha Blvd. W., Suite 201, Charleston, WV 25302 (also 25311 on another page) (sos.wv.gov, checked ) |
| Street address | 13 Kanawha Blvd. W., Suite 201, Charleston, WV 25311. Other walk-in offices: 153 West Main Street, Suite G, Third Floor, Clarksburg, WV 26301; 229 E. Martin Street, Martinsburg, WV 25401 (sos.wv.gov, checked ) |
If you plan to pay in cash, go to Charleston, the only one of the three offices that takes it. Charleston opens at 8:30 a.m., while Clarksburg and Martinsburg open at 9 a.m.
Sources
- sos.wv.gov/contact-wvsos: office name, contact page. Checked .
- sos.wv.gov/business/general-information/ordering-and-payment-business-services: division, mailing address, street address, phone, hours. Checked .
- sos.wv.gov/about-secretary: officeholder, processing time. Checked .
- apps.wv.gov/SOS/BusinessEntitySearch/: business search, search fields. Checked .
- business4.wv.gov/startmybusiness/Pages/BusNameReq.aspx: name check, LLC name endings, corporation name endings. Checked .
- apps.wv.gov/SOS/BusinessEntitySearch/Help/Disclaimer.aspx: search disclaimer. Checked .
- sos.wv.gov/media/304/download?inline: restricted words, name reservation fee. Checked .
- sos.wv.gov/media/319/download?inline=: name rule. Checked .
- sos.wv.gov/reserveregister-business-name: name reservation term, name reservation form. Checked .
- sos.wv.gov/register-new-wv-business: LLC filing fee, corporation filing fee, nonprofit filing fee, online filing. Checked .
- sos.wv.gov/business/registration-and-waivers/register-out-state-foreign-business: foreign LLC fee. Checked .
- sos.wv.gov/limited-liability-companies: report fee, late penalty. Checked .
- sos.wv.gov/business/updates-and-changes/annual-reports: report due date. Checked .
- sos.wv.gov/business/general-information/expedite-service: expedite fees. Checked .
- sos.wv.gov/certificates-existence-or-certificates-authorization: good standing certificate, certificate fee. Checked .
- apps.wv.gov/SOS/BusinessEntitySearch/Help/Default.aspx: certificate ordering. Checked .
- sos.wv.gov/business/registration-and-waivers/register-trade-name-dba: assumed names (DBA). Checked .