What are the requirements for incorporating a for-profit corporation in the State of West Virginia?
The corporate name must contain the word Company, Corporation, Incorporated, Limited, or an abbreviation thereof. The name must not be the same as or deceptively similar to a name already in use by another existing corporation or foreign corporation qualified to do business in West Virginia, without written consent of the other corporation, or by a court order establishing the right of the applicant to use the name. The name must not imply a purpose other than that stated in the Articles of Incorporation. The words Engineer or Engineering cannot be used unless the corporate purpose is professional engineering, and one or more of the incorporators is a registered professional engineer.
You can apply for a name reservation in writing, together with payment of the $15 fee payable to the Secretary of State. Once approved you are guaranteed exclusive use of the name for 120 days, which is sufficient time to prepare and submit Articles of Incorporation.
An originally signed copy of the Articles must be submitted to the Secretary of State's office, along with the filing fee. If you want a filed copy returned to you, send an additional original.
What is the filing fee for West Virginia for-profit corporations?
The filing fee is $50. Checks must be made payable to the WV Secretary of State.
What are the requirements for incorporating a non-profit corporation?
The corporate name must contain the word Company, Corporation, Incorporated, Limited, or an abbreviation thereof. Remember that the name that is on your Certificate of Incorporation is your official name and must be used in its entirety when in use unless you file a trade name registration with the Office of the Secretary of State. Failure to do so could result in a fine or imprisonment.
Before completing and submitting your application, you should review the provision of West Virginia Code. If you believe the nature and extent of your corporation's activity in West Virginia will qualify your company to conduct business without obtaining a Certificate of Authority under one of the listed exemptions, you may apply for an exemption by completing and submitting the Exemption Application (CF-2). A fee of $25 for an exemption certificate is required.
The Secretary of State will determine, based on the information provided, whether an exemption may be granted or whether your company will be required to obtain a Certificate of Authority prior to beginning business. Please note that a corporation may not obtain a business license, workers' compensation or unemployment insurance, or other licenses and permits without first obtaining either an exemption or a Certificate of Authority. If your company is not eligible for an exemption, then the exemption application will be returned to you and you will have to file for a Certificate of Authority.
An original must be submitted to the Secretary of State's office, along with the filing fee. If you want a filed copy returned to you, send an additional original.
What is the filing fee for West Virginia non-profit corporations?
The filing fee is $25. Checks must be made payable to the WV Secretary of State.
What are the requirements for forming a limited liability company in West Virginia?
The company name must contain the words Limited Liability Company or Limited Company, or the abbreviation L.L.C., LLC, L.C. or LC. The word Limited may be abbreviated to Ltd. and the word Company may be abbreviated as Co. Professional companies must use Professional Limited Liability Company, Professional LLC, Professional L.L.C., P.L.L.C. or PLLC. The company name must not be the same as or indistinguishable from any other name which has been reserved or filed.
Before you fill out the application, remember that the name you select will be approved only if it is available. You can apply for a name reservation in writing, together with payment of the $15 fee payable to the Secretary of State. Once approved you are guaranteed exclusive use of the name for 120 days, which is sufficient time to prepare and submit Articles of Organization. If you plan to do business under any name other than the name on your Certificate of Organization, you must register that trade name with the Secretary of State. Failure to do so could result in a fine or imprisonment.
A signed original of the Articles of Organization must be submitted to the Secretary of State's office along with the filing fee.
What is the filing fee for limited liability companies?
The filing fee is $100. Checks must be made payable to the WV Secretary of State.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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