When it comes to forming your new LLC in West Virginia, you want to be sure you take all the necessary steps to get off on the right foot. An essential part of that process is appointing a Registered Agent you can trust to fulfill certain obligations.
More specifically, in West Virginia you will appoint an Agent of Process, a title interchangeable with Registered Agent or Resident Agent, which are used in many other states. This Agent of Process will serve as an important point of contact for your LLC, accepting service of complaints or summons that might come your way, as well as other essential communications.
If you are unsure who to appoint as your LLC’s Registered Agent, it will be helpful to understand what such a position entails, who can fulfill it, and why you might want to consider appointing a registered agent service. We provide all of this below.
West Virginia is unique in that all Service of Process is handled through the Secretary of State’s office. If you are sued, the suing party must send the legal documents directly to the West Virginia Secretary of State’s Office, and that government office will then forward them via certified mail to your LLC. To be sure you receive these in a timely manner, you can appoint a registered agent who is required to notify you immediately.
When it comes to selecting this registered agent for your West Virginia business, it is essential to know what requirements must be met. The registered agent:
If you decide to appoint another individual to this role, be sure you find them trustworthy, dependable, and responsible. This is your business and its success depends on the decisions you make on a daily basis, including who to trust to accept legal notices and more on your behalf.
Another option is to consider following the lead of several already successful companies and appoint a registered agent service to fulfill the role of agent of process and registered agent. By doing so, you can concentrate more of your time on managing and growing your business while looking to the future.
Yes, in West Virginia, you can serve as the Registered Agent as long as you meet all the legal requirements put forth by the state. This means you must have and maintain a legitimate street address in West Virginia and be available during business hours, which are 9:00 a.m. until 5:00 p.m. each business day.
In situations where you are registering as a foreign limited liability company, however, keep in mind that if you reside out of state, you will not be able to appoint yourself as the registered agent. Instead, you will need to select an individual or entity with a street address located here in West Virginia. Also, if you currently reside in the state when filing your LLC formation paperwork, then move to a different state, you will have to appoint someone else to serve in the registered agent capacity.
To begin the process of appointing a registered agent in West Virginia, be sure to obtain the permission of the individual or entity to serve in such an essential role. You will want to have this permission in writing and maintain that document with your LLC creation files.
The next step is to include the name of the registered agent and registered office in your Articles of Organization, which you will need to file with the Business and Licensing Division within the West Virginia Secretary of State’s Office.
Here are the steps to follow:
1. Go to the West Virginia One Stop Business Portal.
2. Create a user account as a new business.
3. Locate the West Virginia Articles of Organization of Limited Liability Company form (Form LLD-1).
4. Fill in all sections of this form, including the name and address of the person or company (agent) to serve as your Agent of Process.
5. Submit application online or print out a copy for submission in person.
6. Pay the filing fee. For a Limited Liability Company (LLC/PLLC), the filing fee is $100, with an additional $1.00 for processing fees if filing online. If filing in person, make your check payable to the West Virginia Secretary of State. Please note, if you are a Veteran-owned organization, the fee is waived.
For those planning to file in person, via fax, or by email, you will need to select a processing service. Standard Processing will take 5-10 days, while Expedited Service can be 1-hour, 2-hour, or 24 hours and will require additional fees. See the bottom of the application for information on where and how to submit these documents and fees.
If, at some point in your ownership of the LLC, you need to change the registered agent, you can do so. The process is simple: you will complete Form AAO, Application to Appoint or Change Address, Agent, or Officers, then submit it to the West Virginia Secretary of State’s Office.
To accomplish this, you will need to choose whether to file the form online via the One Stop Business Center or file the paper form in person. This form can also be used to update the contact information for your agent should it change. The fee for doing so is $15.
Knowing the advantages of working with a West Virginia Registered Agent Service can help you make an informed and confident decision for your LLC. Read on to find out what these advantages are and how they can be beneficial to you.
As the founder and owner of an LLC, you have a lot to do to keep your small business running. One way to alleviate some of the stress of doing it all yourself is to gain peace of mind that a professional registered agent will take on important tasks, including prioritizing official communications and sending notifications to you in a prompt manner. You won’t have to worry that you miss something important that is essential to legally maintaining your business.
When it comes to compliance with state law, a registered agent service is already experienced in such matters and can help keep your LLC in good standing. Tasks may require filing reports and dealing with other compliance matters as they come up. You won’t have to pull time away from important projects to work on these types of matters but can become familiar with them as your agent addresses each one, notifying you of the steps along the way.
As a business owner, you now determine how much time to work and what hours to put in to manage and grow your business. In other words, you are your own boss. If you appoint yourself as the registered agent, however, your time is now tied up in the business, meaning you must be available every business day during the hours when service of process and receipt of certified mail can occur, usually being between 9:00 a.m. and 5:00 p.m.
The benefit of appointing a registered agent service is that you now control your daily schedule, allowing it to change often and letting you travel when you choose. Another way to put it is that you will now have more freedom and flexibility to do what you do best to better your business.
Even in today’s digital world, paperwork can easily pile up for businesses. Whether you submit paper copies of required documents or file online, it still takes time to accomplish these necessary tasks. However, with the assistance of your own registered agent service, paperwork that you must personally address can be reduced, allowing you to spend more time on your business.
Your appointed Agent of Process will play an essential role, including being the one to receive legal documents, tax forms, official government documents, and service of process on behalf of your LLC. Since this is such an important part of business ownership, making the best choice possible will be one of the biggest decisions you can make.
While you can appoint yourself, a colleague, friend, or family member to serve in such a capacity, or a corporation or other LLC, you may also want to consider the many advantages of working with a registered agent service. For more information, reach out to us and let us serve you in a way that will help you achieve your business goals.
While West Virginia will not reject your LLC Formation documents if you do not appoint a registered agent (Agent of Process), you will be responsible for being available to receive important mail and service of process during all regular business hours. Potential consequences of not being available consistently during those hours, however, can lead to a loss of good standing, missed deadlines, and more.
As the founder and owner of an LLC in West Virginia, you can appoint yourself as the registered agent if you choose. However, there are distinct advantages to appointing another trusted individual or registered agent service, such as to protect your privacy, provide you with more flexibility in your daily work schedule, and ensure you receive any service of process for your LLC.
This portion of our website is for informational or educational purposes only. Tailor Brands is not a law firm, and the information on this website does not constitute 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. It also does not indicate any affiliation between Tailor Brands and any other brands, services or logos on this page.
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