Registration or Exemption?  West Virginia law specifies no exemptions to the registration requirement in order to do business in the state.

Original Name or DBA:  Make sure your partnership name is available and meets the West Virginia name requirements.

Home State Certificate:  Although a home state certificate is not required, we do request a copy to assure your company record is complete.

Registered Office:  Determine the location in West Virginia which will serve as your company's registered office.  

Agent of Process: Determine who will serve as the agent of process in West Virginia.

Filing:  Complete your statement of registration and file with the Secretary of State.

Next Steps:  Complete other state, county and municipal filing requirements before you start business.

West Virginia law establishes no grounds for exemption to the registration requirements for limited liability partnerships established in other states and planning to do business in West Virginia.

If the partnership's activity requires a business franchise certificate, the partnership must first register with the Secretary of State.

The name of your company in your home state may be used in West Virginia only if it is available and meets the requirements of West Virginia law for limited liability partnership names.  See Choose a Business Name for information on the requirements, and how to find out whether that name is available.  If your home state name cannot be used in West Virginia, take these steps:

• Choose a fictitious name under which you will do business in West Virginia; and
• Prepare a statement to be signed by at least two partners adopting that name.
• Determine if any other trade names will be used in West Virginia, and prepare registrations for those names separately.  See Trade Names.

Please file a copy of your home state certificate.  While West Virginia law does not clearly require this, your company record will be clear and complete in West Virginia if it is filed. 

Click the US map icon to find the registration office in your home state.

All limited liability partnerships doing business in West Virginia are required to maintain a registered office within the state.  

If your company does not plan to have a regular office, find another person or company that will agree to provide the physical location for the registered office.  The location is not required to be a place of business, but the partnership should be able to be contacted through the registered office.

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:

• an individual resident of West Virginia;
• a company authorized to do business in this state (including an authorized 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.

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.

• You may file using the standard form or prepare your statement of registration in an ordinary document, but all required information must be included for the application to be acceptable for filing.  See WV Code 47B-10-1 and 4 for requirements.
• File one copy with the original signature of at least two partners.  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.
• The fee for filing is $250, and the registration is effective for two years, at which time the partnership must register again.
• Submit your filing to the Business Organization's Division with your check payable to the Secretary of State.  See Ordering & Payment for more information.

After you receive your Certificate of Registration, there are a few more steps before you start business.

• Complete the Business Registration Application for filing with the Department of Tax and Revenue.
  • 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.
  • 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 authorized in West Virginia. 

• 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.
• 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.