Association Status:  Decide whether the association will be for-profit or nonprofit.

Organizers & Officers:  Identify the initial organizers and at least two officers. 

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

Association Office:  Determine the location of the association office at a physical address.

Association Agreement:  Decide whether the association will adopt and operate under a written agreement.

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

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

Decide whether the association will be for-profit or nonprofit.

• Both for-profit and nonprofit are governed by the laws pertaining to corporations.  Because the provisions for non-profit corporations address governance issues specifically,  new non-profit voluntary associations should review those laws, beginning with West Virginia Code §31-1-136.
• A nonprofit association may not distribute its assets to any person or organization other than another nonprofit association or corporation.

Identify who will act as organizers.

• One or more organizers or members are required to sign the application form.
• Organizers have authority to establish the association, and their names will remain permanently on the association record.
• Unless the organizers become officers, or are listed as members having authority to act on behalf of the association, they will have no subsequent authority to sign filings.

Identify at least two officers, owners or members who are authorized to sign on behalf of the association.  Those names and addresses must be listed on the application for registration.

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 a company, and is not required to be in West Virginia.

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.

A voluntary association is required to provide both a physical and mailing address (if different) of the association office.

• A post office box is not acceptable for the physical office -- the street address, city, state and zip code are required.
• If the new association 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 changes this office, so you will be certain to receive all important correspondence.

The voluntary association may operate under a written agreement which is in addition to the registration document.  If it plans to do that, two original copies of the agreement creating the association signed by an organizer or authorized member and notarized must be submitted with the application for registration.

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 application for registration in a standard document, but all required information must be included for the certificate to be acceptable for filing.
• Two original applications  with the original signatures of one or more organizers or authorized members must be filed.  If the online form is used, print two copies after the information is entered for signature by the organizer(s), and each signature must be notarized.
• Two original copies of the Agreement of Association, if there is one, must be signed by the authorized members and notarized, and submitted with the filing.
• 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 or the application instructions on the form.
• 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 Voluntary Association, there are a few more steps before you start business.

• File a copy of the Certificate of Voluntary Association, the stamped original copy of the application, and the agreement of association (if any) with the Clerk of the County Commission of  "the county or counties of this state in which its business is or will be conducted or in which it will purchase, acquire, hold, sell, lease, convey, exchange, pledge, mortgage, encumber or otherwise dispose of real or personal property or interests therein." [WV Code 47-9A-3]
• 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 certificate of registration must be entered.  This number is used by the Tax Department to confirm the company is registered as a voluntary association. 
• 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.