An Overview Of The West Virginia Articles Of Organization

In the state of West Virginia, in order to create an LLC, you must submit what is called the articles of organization. This document will request a substantial amount of information, some of which must be obtained, prior to submitting this document to the West Virginia Secretary of State. That being said, it still very easy to fill out, and you can submit this by the end of the week. Here is an overview of what the Articles of Organization are in West Virginia, and how you can create your West Virginia LLC in minutes with LLC Formations.


What Do Articles Of Organization Do?

Whether these are referred to as a Certificate of Formation, or Articles of Organization, they play the same role. This is the one document that the West Virginia Secretary of State needs to have in order to create your limited liability company. This form, Form LLD-1, can be easily filled out and submitted via the West Virginia One Stop Business Portal. There will be those that would prefer printing it out and sending it in by mail, which is still an applicable choice. The cost of doing either is $100, and the turnaround time can be up to 10 days. You can have this done more quickly by taking advantage of express processing. There are many different segments to this document that must be filled in, the first of which is going to be your LLC name.


West Virginia Articles Of Organization


How Do You Register The Name Of Your LLC?

To register your LLC name, you must first find out if it is available. You will visit the West Virginia Secretary of State business name database. This database will allow you to search for the name that you would like to reserve. If it does show up, that means that it is already taken. If it does not appear, you will then want to file Form NR-1, sending this directly to the West Virginia Secretary of State. After paying the fee, you will then have to wait several days, and you have up to 120 days to register it efficiently. You will need this name when you are filling out your Articles of Organization.


Locate And Hire A Registered Agent

In every state, you are required to have a registered agent, which is an agent for the service of process. In simple terms, these are individuals or businesses that are legally able to receive mail at their place of business. When it is received, it will come from the West Virginia Secretary of State. These are for legal matters, often lawsuits that are filed by people that want to get your personal assets. Due to the way LLCs are structured, they are not able to do this. It’s even more obvious, especially in a court of law, when you have created your Operating Agreement.


What Does The Operating Agreement Do?

Your operating agreement, which is a completely voluntary document, is an internal document that lays out what the rights and responsibilities of managers and members will do for the LLC. It also distinguishes your limited liability company even more definitively as a separate entity apart from you and your assets. Therefore, it is beneficial to create one of these, but it is not necessary for forming an LLC.


How To Complete The Articles Of Organization

Once you have hired a registered agent, and you have registered your LLC name, you will then want to complete Form LLD-1. You will add the name of your LLC, as well as its address, plus the email and website for your limited liability company. You will list organizers by name and also include their addresses. You must also put the name and address of your registered agent. You will also ask about the purpose of your LLC, and also inquire regarding assumed liability for debts related to your limited liability company. You must state whether this is a member-managed or a manager-managed LLC, and state whether or not it is temporary or perpetual. You must also state whether or not the business you are getting the LLC for is doing business in any other state but West Virginia. At the bottom, you will provide the signature of the organizer. They will also ask if your other questions. This will include whether or not you are a scrap metal dealer, whether you are a veteran, and what the effective date of the LLC will be.


How To Submit This Document

Using the West Virginia One Stop Business Portal, you can submit this right away. The cost will be $100. If you prefer, you can submit this form by mail. It will take anywhere between 5 to 10 business days to complete this process. After that, your LLC will be active.

Now that you have a better understanding of what is required when filling out the Articles of Organization, you know that you have to do a few things before you begin. Be sure to have the name of your LLC registered, and you must also have a registered agent, plus all of the information requested on that document. Over the course of a week or two, your LLC will be approved, unless you choose expedited processing which is much faster. If you need help with completing forms such as the online SS-4, you can always consult with a company that sets up LLCs in the West Virginia area.

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