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:  To establish a complete record in West Virginia, you may wish to order a certified copy of the statement of partnership from the state or province where the company is registered.

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

Limited partnerships are not required to submit a certified copy of the home state Statement of Partnership with the application for registration.  However, the company may wish to establish a complete record in West Virginia.  If that is the case, this document will be filed with your record.  

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

All limited partnerships doing business in West Virginia are required to maintain an office within the state where specific company records are located.  West Virginia Code §47-9-5 sets out a detailed list of information and documents which must be kept there for inspection by partners.  

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 West Virginia office and maintain the records available for inspection.  The location is not required to be a place of business, but the limited partnership should be able to be contacted through the West Virginia 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 and may be:

• an individual resident of West Virginia;
• a domestic corporation; or
• a foreign corporation having a place of 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 §47-9-49 for requirements.
• File two copies with the notarized original signature of at least one general partner.
• The fee for filing is $150, plus the prorated portion of the $25 annual attorney-in-fact fee.
• 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, file the duplicate stamped original which is returned to you with the County Clerk of the county where your principal office in the state is located.  If your limited partnership does not maintain a principal office in West Virginia, file in a county where you do business.

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 must be entered.  This number is used by the Tax Department to confirm the company is registered as a corporation. 

• 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 permit.  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.