A West Virginia LLC operating agreement is a legal document that sets up how a limited liability company (LLC) in West Virginia will be owned, managed, and operated. All company members must agree to the terms outlined in the document and sign it. Operating agreements can help to mitigate conflict and prevent lawsuits.
By Type (2)
Single-Member LLC Operating Agreement
Multi-Member LLC Operating Agreement
Table of Contents
How to Form an LLC in West Virginia
- Filing fee: $150 (waived for veterans)
- Processing time: 5-10 business days
1. Choose a Name
The first step in the process of registering an LLC in West Virginia is reserving a name. Search the state’s business database to find out whether a desired name is taken or available for use.
2. Choose an LLC Type
Domestic LLC – For an LLC located within West Virginia.
- Online Filing – Create an account with WV One Stop Business Portal to file online.
- Paper Filing (Form LLF-1) – Complete the West Virginia Application for Certificate of Authority and send, together with filing fee, to Office of the Secretary of State, State Capitol Building, Charleston, WV 25305.
Foreign LLC – For an LLC located outside West Virginia.
- Online Filing – Create an Access DC account to file Articles of Organization online.
- Paper Filing (Form FN-1) – Complete the West Virginia Application for Certificate of Authority and send, together with filing fee, to Office of the Secretary of State, State Capitol Building, Charleston, WV 25305.
- LLC Operating Agreement – This agreement will codify the company’s policies, procedures, and plans.
- Federal Employer Identification Number (FEIN) – Select “Apply Online Now” in Step 3. See Publication 15 for a guide to paying tax as an employer in 2022.
- Filing fee: $15
An applicant can reserve a name for 120 days as the paperwork to register an LLC is being processed (§ 31B-1-106).
- Paper Filing (Form NR-1) – Complete the Application for Name Reservation and mail to the Office of the Secretary of State, State Capitol Building, Charleston, WV 25305. Checks should be made payable to the West Virginia Secretary of State.
Renewing an LLC (Annual Report)
- Filing fee: $25
West Virginia requires LLCs to file an annual report and pay an annual report fee by July 1 each year (§ 59-1-2a).
- Online Filing – Log in to an existing user account or file as a guest user. See instructions here.
Dissolving an LLC
Filing fee: $25
An LLC can be terminated through the filing of articles of termination with the Secretary of State (§ 31B-8-801).
- Paper Filing (Form CD-7) – Mail a completed Articles of Dissolution and the filing fee to 1615 Washington Street East Charleston, WV 25311. Instructions are included in the form.
“LLC Operating Agreement” Definition
“Operating agreement” means the agreement under section 1-103 concerning the relations among the members, managers and limited liability company. The term includes amendments to the agreement.