The West Virginia LLC operating agreement is a legal document that represents an agreement between the contributing members of a company that shall enable the members to develop their own set of policies pertaining to how the company’s standard operating procedures will provide organization to the business. The State of West Virginia does not require the filing of this document to do business within the State. However, without the use of this document, the members may find themselves, personally, financially vulnerable. With this document in place, the business will be liable in the event of any inside issues or litigation of any type since this document will separate the private assets from the business assets.
Completion and filing of this document makes it possible to create an effective member management structure. It shall assist in the implementation of the roles of each member, streamlining responsibilities per member and employee. The document will provide complete assistance with all of the aspects of member listings, valuation, contribution, and more. This form is legally enforceable in the State of West Virginia and will provide all of the information required to build a very well organized LLC.
Table of Contents
Multi-Member – For those businesses that will create structure for businesses with more than one (1) member.
Single-Member – Use this document to organize the management with only a single owner/manager.
LLC filers in the State of West Virginia should start by performing a for their chosen operating name in the State’s records. In doing so, it will be possible to confirm the availability of the name and ensure that no other business is operating under it or has reserved it for future use.
Step 1 – Nominate a Registered Agent
A Registered Agent is a third-party contact that the LLC elects to receive official mail and service of process on behalf of the business. In West Virginia, the Registered Agent may be either of the following:
- Person residing in the State
- Company with the authority to conduct business in the State
Step 2 – Registration Documents
Select the link associated with your LLC type and complete the subsequent registration documents:
- Foreign applications must include a Certificate of Existence
- Online filers need to create a
Step 3 – Pay the Filing Fee
Payment of the filing fee will conclude the online registration process (Domestic – $100, Foreign – $150). If submitting a paper application, enclose a check made out to the ‘West Virginia Secretary of State’ and send your filings to the following address:
West Virginia Secretary of State, 1900 Kanawha Blvd. East Bldg. 1, Suite 157-K, Charleston, WV 25305
Step 4 – Operating Agreement (optional)
The LLC operating agreement is a document that may be drafted by the managing member(s) to provide proof of each member’s financial interest in the company in the event of a legal dispute or litigation. Also, the form outlines the various provisions established by the owners.
Step 5 – Employer Identification Number (EIN)
Acquiring an Employer Identification Number (EIN) from the Internal Revenue Service (IRS) will allow your business to conduct most financial transactions using the company name (e.g. request company credit cards, hire employees). An EIN can be obtained for free on the or by submitting Form SS-4 through the mail.
Step 1 – Establish the company by entering the company name into the line at the top of the form.
Step 2 – The Agreement – Submit an effective date in dd/mm/yy format – Enter the following:
- Check the applicable box
- Any required information
- Single-Member – The name of the company. The state of location. The full name of the owner and their business address
- Multi-Member – Members’ names and addresses
Step 3 – Name and Principal Place of Business – Submit the following:
- The name under which the company is registered
- The business address
- Name of the city where the business is located
Review all remaining information while submitting any additional information.
- Read the following titles:
Member Capitol Contributions –
- Check the applicable box
- Single-Members – Review all information
- Multi-Members – Enter each member’s name and amounts of contribution (respective)
- Check the box that applies
- Single-Members – Review
- Multi-Members – Provide the names of the members with their Percentage Interests
- Members – Review
Step 4 – Books, Records and Tax Returns –
- Check the box
- Read the information
Continue by reviewing the following titles:
- Bank Accounts
- Management of the Company
- Select and check the applicable box
- Single-Member – Review
- Multi-Members – Read the information provided and proceed
- Enter the member agreed limits into the paragraph
Step 5 – Titled Sections – Check the applicable box– Read the following:
- Meetings of Members – Submit a date when the members should expect to meet annually
- Assignment of Interests
- Ownership of Company Property (Sole Owner)
- Right of First Refusal
- Admission of New Members
- Withdrawal Events
- Dissolution and Liquidation – Select a box that applies and review the information
- Representations of Members
- Certificates Evidencing Membership (Multi-Member) – Enter the name of the company and its effective date (dd/mm/yyyy format)
- Indemnification (Owners)
Step 6 – Signatures –
- Submit the date of execution of the document
- A company representative must provide their signature
- Submit each member’s signature
Once complete, all members must acquire a personal copy for their records