There are three ways to incorporate your business in West Virginia:
- Hire a lawyer to do the job for you (the most expensive option)
- Walk in to the Secretary of State office and do it by yourself
- Use a professional incorporation company, like Active Filings.
WV Articles of Incorporation Requirements
The Articles of Incorporation is the formation document you file with the West Virginia Secretary of State to register your corporation with the state (LLCs file Articles of Organization). In West Virginia, you can file Articles of Incorporation by mail, fax or in person (it will take the SOS 1 to 2 days to process your filing). If you hire Active Filings to incorporate your business, we are authorized to file online with the state, and we’ll form your LLC or corporation in 1 business day.
To complete your West Virginia Articles of Incorporation, you’ll need to include the following information:
|Company Name||The name must not be same as or deceptively similar to name already in use by another existing corporation of, or foreign corporation qualified to do business in West Virginia, without written consent of the other corporation or court order establishing right of applicant to use name.The name must not imply purpose other than that stated in articles of incorporation. The name must contain one of the following words: “company”, “corporation”, “incorporated”, or “limited” or an abbreviation of one of such words. Words “engineer”, “engineering” cannot be used unless corporate purpose is professional engineering and one or more of incorporators is registered professional engineer. The name of a limited liability company must contain “limited liability company” or “limited company” or the abbreviation “L.L.C.”, “LLC”, “L.C.” or “LC”. “Limited” may be abbreviated as “Ltd.” and “company” may be abbreviated as “Co.”.|
|Company Purpose||List the reason for forming the corporation or the business/activity which the corporation will engage in.|
|Authorized Shares||List the number of shares of corporate stock you are currently authorizing. Technically, this is when you “create” your stock (more can always be authorized later), and that stock will be issued to your shareholders at your first shareholder meeting.|
|Registered Agent Services||In West Virginia, a registered agent (also known as a resident agent) is an individual or business that serves as your company’s official point of contact for lawsuits and legal notices. As part of Active Filings’ incorporation service, we include a year of registered agent service when you hire us to incorporate your business in West Virginia.|
|Names and Addresses of the Incorporators||The incorporator is the person or company authorized to form the corporation. For example, if you hired us, we would list ourselves as the incorporator. The incorporator does not have any stake in or claim to the corporation being formed.|
|Minimum Number||One or more|
|Residence Requirements||No provision|
|Articles of Incorporation||Directors are required to be listed|
|Articles of Incorporation||Officers are not required to be listed|
An increase in the shares may cause an increase in the initial filing fee.
The rate of tax is the greater of: (1) $50 or (2) seventy-five one-hundredths of one percent of the value of the corporation’s capital.
Income Tax Rate
9.0% of taxable income. Also an annual tax is due based upon capital stock ranging from 5,000 to 1,000,000.
No par stock is valued at $25 per share unless it was originally issued for a greater consideration [W.V.C. S:11-12C-2].
For more information on taxes, visit http://tax.wv.gov/Pages/default.aspx
When you hire Active Filings to incorporate your business in West Virginia, you’ll receive everything you need to track and maintain your company, this includes:
- Free expedited service
- One year of registered agent service
- An online account where you can add additional services, track orders, maintenance requirements and digital notifications.
Learn More About Incorporation Requirements In Your State
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia