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 company's name is available and meets the West Virginia name requirements.

Home State Certificate:  Order certified copies and a good standing certificate from the state or province where the company is registered.

Agent of Process: Determine who will serve as the agent for service of process.

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 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 DBA name under which you will do business in West Virginia; and
• Prepare a resolution adopting that name to be signed by at least one trustee for a business trust, or by at least one member of a voluntary association.
• Determine if any other trade names will be used in West Virginia, and prepare registrations for those names separately.  See Trade Names.

Obtain two certified copies of the declaration, articles or agreement forming the association or trust, and a good standing certificate or its equivalent from the state or province where the company is registered.

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

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 may be an individual or another business or 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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If you are filing for a voluntary association, 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 also file using a document format.

If you are filing for a business trust, please prepare a statement of registration according to the requirements of law.

• All required information must be included for the application to be acceptable for filing.  See WV Code 47-9A-2 and 3 for requirements.
• File two copies of the application with the original signature of at least one trustee or one member of an association, and attach the good standing certificate and two certified copies of the home state articles.
• The fee for filing is $50, plus the prorated share of the annual attorney-in-fact fee ($25 per year) for the month in which the filing is received. See the Fee Schedule for the calculation.
• 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.
• If your voluntary association is non-profit and plans to solicit contributions in West Virginia, a charitable organization registration will probably be required;
• 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.