Register A West Virginia Foreign LLC
A foreign LLC is a limited liability company that’s formed in one state and does business in another. For example, if you own an LLC for your restaurant business in Ohio and want to open another restaurant in West Virginia, you’ll need to register in WV as a West Virginia Foreign LLC.
We’ll Show You How!
The easiest way to register as a foreign LLC is to hire us—we’ll take care of everything for you. Want to register on your own? No problem. Just follow our Guide to Registering as a Foreign LLC in West Virginia below.
Still have questions? See our FAQ section for answers.
Register as A Foreign LLC in West Virginia
$149
We’ll get all necessary documents from your home state,
file your paperwork, and provide registered agent service
all for just $149 plus state fees.
How Our Service Works
Guess what you need before you can register as a foreign LLC in West Virginia? That’s right, a West Virginia Registered Agent! As professional registered agents, we automatically provide registered agent service along with our foreign LLC filing service. (Win-win.) Here’s what else you get:
- Year-Round Compliance Monitoring and Annual Report Updates
- No Hidden Fees, Per-Doc Fees, Upsells or “Introductory Fees”
- Secure Online Client Account for Storing & Managing Business Docs
- Digital Client Resource Center w/ All WV Business Filings & How-To Guides
- Legitimate Use of Our Commercial Registered Office Address
- Fast Document Uploads & Email Notifications
Plus, our customer service experts are here for you for the lifespan of your business.
If you want to go through the process of registering your foreign LLC yourself, you can simply hire us for West Virginia Registered Agent Service and follow our guide below.
Guide to Registering as a Foreign LLC in West Virginia
Registering a foreign LLC requires a little more than filing paperwork. Here’s what you’ll have to do:
1. Get A Registered Agent
Your registered agent must be someone who’s located in West Virginia and will accept service of process (legal documents) for your business, then forward it on to you. A registered agent must also be at their registered address during normal business hours.
Don’t know anyone in West Virginia who has that kind of time on their hands? No problem, you have us! Our service is only $49 a year, every year. No price hikes. No hidden fees. No worries.
2. Obtain a Certificate of Good Standing
A certificate of good standing (also known as a certificate of existence) proves that your company is up-to-date with all payments and filings in your home state. The West Virginia Secretary of State needs to see this document before it will issue you a certificate of authority, allowing you to operate in the state.
3. File an Application for Certificate of Authority
Once you submit an Application for Certificate of Authority to the WV Secretary of State—and it’s accepted—you’ll be able to operate your business here. This application must include:
- Name of LLC
- State of organization
- Confirmation of your certificate of authority
- Name to be used in West Virginia (if different)*
- Type of LLC (regular, series, or professional)
- Type of profession (if a professional LLC)
- Address of principal office, and mailing address (if different)
- Address of physical office in West Virginia and/or mailing address (if applicable)
- Registered agent name and address (referred to as “Agent of Process”)
- Business email address
- Business website (if applicable)
- Indication of how many businesses you operate in West Virginia (optional)
- Duration (choose “at-will” if your company has no end date)
- Indication of whether your LLC is managed by members or managers
- Names and addresses of members or managers
- Indication of whether the members/managers or the company itself is liable for the LLC’s debts and/or obligations
- Business purpose
- Other provisions contained in your operating agreement (if applicable)
- Effective date (if within 90 days of filing, otherwise your certification will be effective when you receive your certificate of authority)
- Name, title, phone number and signature of an authorized person
You’ll also be asked if your company is a “consumer litigation financier,” a “scrap metal dealer,” or is “veteran-owned.” Simply indicate yes or no.
*If your business name is already being used in West Virginia, you’ll need to use a DBA name in West Virginia. To get a DBA name, submit an Application for Trade name (DBA) to the Virginia Secretary of State.
West Virginia Foreign LLC: FAQs
What constitutes “doing business” in West Virginia?
“Doing business” is a legal term that generally refers to activities that generate business income. The West Virginia Tax Division states: “Business activity is broadly defined to include all purposeful revenue-generating activity engaged in or caused to be engaged in with the object of gain or economic benefit, either direct or indirect…”
It’s pretty vague. And, unfortunately, the state statute (WV Code § 31B-10-1003)—which only lists what does NOT constitute doing business—isn’t any more helpful. But think of it this way: if your business generates ongoing income in West Virginia, chances are you’ll need to register as a foreign LLC.
How do I get a certificate of good standing from my home state?
You can get a certificate of good standing from the same place you filed your formation documents, usually the secretary of state’s office. These documents generally range in price from $0-$50. (Note that some states refer to this document as a statement of good standing or certificate of existence.)
Do foreign LLCs in West Virginia have to pay taxes?
Yes. All companies registered in West Virginia are required to pay state taxes on income earned in WV, plus any local taxes required by the jurisdiction in which your LLC operates.
What’s a professional LLC?
A professional LLC is structured just like a traditional West Virginia LLC, but it must be owned by someone (or a group of people) who are required to obtain a state license in order to perform their business services. The types of professionals who fall into this category include: attorneys, dentists, accountants, architects, social workers, physicians, engineers, psychologists, and other such professions.
How do I submit my Application for Certificate of Authority in West Virginia?
You can submit your application in one of the following ways:
Online: WV One Stop Business Portal
Via Email: [email protected]
By Mail or In Person:
Charleston Office
One-Stop Business Center
13 Kanawha Blvd. West, Suite 201
Charleston, WV 25302
Clarksburg Office
North Central WV Business Center
153 West Main Street, Suite G- Third Floor
Clarksburg, WV 26301
Martinsburg Office
Eastern Panhandle Business Center
229 E. Martin Street
Martinsburg, WV 25401
Note that you must include the state’s e-Payment Authorization form if paying with credit card.