Starting A Limited Liability Partnership
Organizing
a West Virginia LLP | Registering a
Foreign LLP
Click here to read HB
3108 passed by the 2003 Legislature
which changed some of the Corporate Laws.
Steps to Start a West Virginia
LLP
Click on the number if you need more information
about that step before you complete your new company's Statement
of Registration. If you are ready to file, go straight to Step
5. Before you start be sure you've checked the name
you want to use.
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Organizing Partners: Identify who will
sign the statement of registration.
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Agent of Process: Determine who will serve
in West Virginia as the agent
for service of process for the company. |
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Principal Office:
Determine the location of the principal
office. |
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Registered Office:
Determine the location of the designated office at a physical address within the state. |
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Filing: Complete
your statement of registration and file with the Secretary
of State. |
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Next Steps: Complete
other state, county and municipal filing requirements before
you start business. |
| 1 |
Organizing Partners
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Identify who will act as organizing partners.
- One or more partners with authority to act for the
company may sign the Statement of Registration.
- The names of the organizing partners will remain permanently on
the company record.
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| 2 |
Agent of Process
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Determine who will serve as the agent
for service of process -- the person who
will receive certified mail on behalf of the corporation in case of a legal action.
The agent must be listed with a physical address in West
Virginia where mail
can be received (not a post office box), and may be either:
- an individual resident of West Virginia;
- a company authorized to do business
in this state (including a corporate service
company).
The agent must be someone you trust to notify you immediately should a
legal action be filed against the corporation. Do not
name a person or company which has not consented to act in
that capacity.
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| 3 |
Principal
Office
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A West Virginia limited liability
partnership must have a principal
office, but it is not required to be within the state.
- If the new company does not have its own building address
at the beginning, the address of the office or home from
which business will be conducted may be used.
- Be sure to file an address change if the company moves, so
you will be certain to receive all important correspondence.
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| 4 |
Registered
Office
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All limited liability partnerships doing
business in West Virginia are required to maintain a
registered office continuously within the state. The location is not required to be a place of
business, but the company should be able to be contacted
through the registered office. The registered office
may be the same as the principal office.
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| 5 |
Filing
the Statement of Registration
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When you are ready to prepare the filing, click the
icon to
download the form using Acrobat Reader and fill it out on
screen. If you have not used the Reader before, see Acrobat
Reader Help.
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You may file using the standard form or prepare your
statement of registration in a
standard document, but all required information must be included for the
statement to be acceptable for filing.
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One copy with the original signatures of the organizing
partner(s)
must be filed. If two originals are sent, one
will be stamped and returned for your records. If
only one is sent, there will be additional charges to
obtain a copy.
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The fee for filing is $250. An annual renewal fee
of $500 will be due at the end of one year.
- Submit your filing to the Business Organization's
Division with your check payable to the Secretary of
State. See Ordering
& Payment for more information.
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| 6 |
Next
Steps
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After you receive your Certificate of Registration,
there are a few more steps before you start business.
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Complete the Business
Registration Application for filing with the
Department of Tax and Revenue.
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This form is a combined form which will allow you to
obtain your business franchise certificate and complete
initial registration to comply with unemployment and
worker's compensation requirements.
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On the first page of the application, the control number
entered on the top right corner of the stamped copy of
your original statement of registration must be entered. This
number is used by the Tax Department to confirm the
company is registered as a limited liability
partnership.
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Determine whether any other state licenses are required
for the type of business you do. Some of the most
common licenses and permit requirements are listed for
your convenience with links or contact information for
the agencies which issue those licenses or permits.
Go to: Professional & Occupational Licenses or
Other Licenses and Permits. You may need to
make inquiries to find other licenses.
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Licenses or registrations to do business may be required
at the county or city level, especially in counties
where your company has an office or plant location,
provides services to customers on-site or conducts
direct sales. Contact the County
Commission for county requirements, and the City
Clerk for municipal requirements.
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