Learn how to create a Virginia LLC with our guide.
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There are many reasons to form an LLC in Virginia. Here are the main ones:
Legal protection in case of bankruptcy or lawsuits
Separation of personal and business assets
Tax benefits: flexibility & pass-through taxation
Increasing credibility and trust for your business
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If you’re starting a business and you want to officialize it, there are different types of businesses available. Starting a Limited Liability Company (LLC) in the states (and specifically in VA) allows small businesses to gain liability protection while taking advantage of a modern economy and a competitive advantage with affordable overall business operating costs.
Forming an LLC in Virginia has its benefits: It’s a business-friendly state, with several tax advantages for new businesses. Virginia is also a right-to-work state with numerous developmental programs and an educated workforce, which can make it even more appealing for some business owners.
To register LLC in VA, you’ll typically need to follow several steps, some of which involve the Virginia State Corporation Commission (SCC): A state agency that handles numerous legal processes for businesses, including LLCs. It also enforces rules for LLCs in the state, including collecting filing fees and enforcing name requirements.
Here’s a breakdown of the steps you’ll need to take in order to create an LLC in VA:
Below, you’ll find a detailed explanation to walk you through each step.
Choosing a name for your LLC is the first step in the process, and one of the first things you’ll want to do if you’re just starting a business. As you will see below, you will need to follow the states’ business entity naming rules when naming your business, and if you plan to start it later, you might want to reserve your desirable name in the meantime.
If you want to act under a different name than your legal business name, you will need to file a DBA in Virginia. You should also consider registering it for a trademark in order to have stronger protection of it. If you plan to have a website for your business in the future, then it’s best practice to make sure your domain name is relevant, so it’s recommended to check that as well.
Most of this is done through the SCC. You can download the appropriate files or fill them out at scc.virginia.gov.
Here are some of the main state requirements in regard to your Virginia LLC name:
All LLCs in Virginia must designate a registered agent, which is a person or a business entity that accepts bureaucratic documents such as legal documentation, tax notices, etc. on behalf of the LLC.
Virginia’s rules in this area are quite restrictive and specific on who can be the registered agent:
Once you appoint a registered agent, you have to list the registered office as the point of contact of the LLC.
The next step in the process to register LLC in VA is to file the Virginia’s Articles of Organization (Form LLC-1011). The form can be filed through the online portal (Virginia SCC), or by downloading and mailing it. It’s important to notice the difference between having a domestic LLC operating in Virginia, meaning an LLC that was established and operating in the state, and a foreign LLC established in a different state and operating in Virginia. Having a foreign LLC may incur additional fees.
Fees:
There is a $100 non-refundable fee. You must make payment online with a credit card or an eCheck. It is also possible to send a check payable to State Corporation Commission.
Filing:
The SCC encourages individuals to complete all documentation online.
To do so, visit https://cis.scc.virginia.gov. If you have not done so, you’ll need to register an account on the site. You can then fill out the form and submit it online through that portal.
You can also download the form from the website, print it, and mail it to one of the addresses listed above.
However, if you plan to send this information via mail, you can do so at the following addresses:
State Corporation Commission
Clerk’s Office
P.O. Box 1197
Richmond, VA 23218-1197
Or send to:
Courier Delivery Address
1300 E. Main Street. 1st Floor
Richmond, VA 23219
The next step will be to create your LLC operating agreement, an internal document that establishes the guidelines for running the LLC (for example, it defines the specific rights of each member and manager within the business).
Virginia does not have any specific rules for operating agreements for LLCs, nor require you to create one. However, the operating agreement is a quite valuable business document, and it is typically worth investing in as you set out to create your LLC.
One of its core aspects is outlining how the LLC should be managed and who is in charge of what, mainly because it helps distinguish the LLC as a business that is separate from any other organization and separate from your personal assets. This is even more important if your LLC is a multi-member LLC (i.e. there is more than one owner or officer).
Some of the aspects to include in an operating agreement are:
If you do decide to create an operating agreement, it’s best practice to have each owner and member sign the documents and receive a copy of them, and file them with other business documents to keep close at hand. You do not have to file them with the state.
An Employer Identification Number (EIN) is a big part of becoming a business owner. It is necessary if your LLC has more than one member. If you don’t have any employees and have just one member in your LLC, you may benefit from an EIN if you choose to have your LLC taxed as a corporation instead of as a sole proprietorship.
The process of getting an EIN is simple and straightforward. The entire process is done through the IRS’s website. You’ll need to determine your eligibility, and complete and submit an online application. Your EIN is then immediately accessible to you, and you can download or save this information.
To be eligible for an EIN, you must:
If you’re not sure whether you need an EIN, check this page. If you do not want to go through this process alone, you don’t have to. We can help you complete it as a part of the services we offer.
This step-by-step guide details the steps and requirements you need to name your LLC in Virginia.
There are different costs to form an LLC in Virginia and maintain it. We’ve listed all of them in this post.
Appointing registered agent is a mandatory step in your LLC formation process in Virginia – learn more about it.
This post details which licenses and permits your Virginia LLC may require and how to obtain them.
At Tailor Brands, we love nothing more than helping people start their business. We take care of the LLC filing and offer additional services so you can focus on launching and growing your business, while staying informed and compliant with state regulations.
Here’s why people choose to form their LLC with us:
Our products are user friendly, all you need to do is answer a few questions about your business and let us take care of all the rest.
Our platform is easy to use and is optimally designed to guide you through your LLC formation process and business journey.
We offer more products to help you set and manage your business like registered agent, business licenses, and annual report.
For more reviews from our customers, visit our reviews page.
Filing fees for registering your LLC is $100, but other costs might be incurred; read more LLC costs in Virginia.
Virginia requires LLCs to pay an annual $50 registration fee (paid through the SCC eFile system online). This fee is paid at the end of your LLC’s anniversary month (the month of formation). If you fail to make payment on time, a $25 fee is assessed.
To form a VA LLC, you must send the articles of organization (Form LLC-1011) to the Virginia State Corporation Commission (SCC). This can be done online or by mail, and include a filing fee of $100.
In Virginia, LLCs are not required to file an annual report (in other states, they must do so).
It typically takes about 1-2 for the state to process the articles of organization. You can pay a $200 fee for an expedited service and receive a filing response within 1 business day (sometimes on the same day).
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This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness.
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