How to Start an LLC in Virginia

A Virginia LLC is one of the most simple, cost-effective, and quick business structures to form. Even so, navigating the formation process can seem daunting without clear guidance and an actionable plan.

In this How to Start an LLC in Virginia guide, we’ll break down everything you need to know to form your LLC, from the steps you’ll need to take to get started to maintaining your structure.

LLC in Virginia

In order to form an LLC in Virginia, you’ll need to complete the following steps:

1. Name Your Virginia LLC
2. Pick a Virginia Registered Agent
3. Submit Your LLC’s Articles of Organization
4. Create a Virginia LLC Operating Agreement
5. Get an EIN
6. File Your BOI Report

In the sections below, we’ve broken down each of these steps in more detail.

Step 1: Name Your Virginia LLC

The first thing you’ll need to do before getting started is picking the right name for your LLC. This is important because your business’s name will need to represent your brand accurately, as well as be as memorable as possible.

In Virginia, all LLC names need to abide by the following statutory guidelines in order to be accepted by the State Corporation Commission (SCC):

• Your LLC’s name will need to include the words “limited liability company” or a suitable abbreviation (e.g., LLC, L.L.C., etc.)
• Your LLC’s name will need to be written using English letters, Arabic or Roman numerals, and/or a variety of approved special characters and symbols (e.g., @, #, $, etc)
• Your LLC’s name will need to be unique and clearly distinguishable from the names of other business entities already registered in Virginia
• Your LLC’s name cannot include words that the SCC explicitly restricts without prior approval. This includes words that imply that your business is affiliated with a state or federal body (e.g., State Department, FBI, etc.)

We recommend conducting a name availability check as soon as you have a preferred LLC name in mind; this can be done through the Virginia State Corporation Commission’s Clerk’s Information System (CIS).

Keep in mind that even though picking an LLC name in itself has no cost, there are certain fees that can be associated with the overall process.

Reserve an LLC Name

If you’re not yet ready to launch your business and still need a little more time, you can choose to reserve your desired LLC name for later by submitting Form SCC631 with the Virginia State Corporation Commission ($10 fee). This will keep anyone from being able to take the name you plan to use for 120 days.

If you need any longer than this, you can use the same form to renew the reservation once the initial period ends.

Register a DBA Name

Another potential cost associated with naming your LLC is a “doing business as” (or DBA) name. This is essentially a nickname that you can choose to register for your business to operate under.

Registering a DBA name can be done by filing a Certificate of Assumed or Fictitious Name form to the Clerk’s Office of the Virginia State Corporation Commission. This filing incurs a $10 fee.

Note: DBA names in Virginia will not expire nor require renewal as long as no changes are made.

Buy a Domain Name

Finally, you’ll want to focus on securing a good domain name (which is your website’s URL address) for your business. For this, try to focus on choosing one that’s easy for customers to remember, relevant to your business, and accurately reflects your brand.

After confirming the domain name you want to use is actually available, you can purchase it through a trusted registrar.

Step 2: Pick a Registered Agent

The next step you’ll need to take toward forming your LLC is to pick a registered agent.

This is an individual or business entity that accepts legal correspondence on behalf of your business, such as service of process, notice of lawsuits, and official government communications; you’re required to continuously maintain one as long as your LLC is active.

Your registered agent will need to satisfy the following requirements in order to be accepted by the SCC:

• Must be a Virginia resident (if an individual)
• Must have a Virginia physical business address
• Must be available during normal business hours

In addition to meeting all the aforementioned requirements, registered agents are also required to have one of the following qualifications:

• Must be a member of the Virginia State Bar
• Must be a member of the business entity’s management (e.g., a member or manager of the LLC, etc.)

Even though you can act as your own registered agent if you’re looking to save money — assuming that you satisfy all requirements — this is generally not recommended for a number of reasons, including the fact that you’ll be much more likely to suffer fines and penalties due to non-compliance than if you just hire a professional service.

On top of this, you’ll lose any anonymity your LLC would have given you since your name, address, and contact information will be publicly available.

Note: To have a look at some of our other top recommendations, you can also check out our Best Registered Agent Service of 2024 guide.

Step 3: Submit Your LLC’s Articles of Organization

In Virginia, the Articles of Organization is the filing document that you’ll need to submit with the Virginia State Corporation Commission in order to officially register your LLC.

To submit your LLC’s Articles of Organization, you will need to include the following information:

• The name of your LLC
• Your LLC’s principal office address
• The name and address of your LLC’s registered agent
• The names of all LLC organizers
• Whether the LLC will be managed by members or managers (i.e., your management-structure.)

The filing fee for the Articles of Organization is $100; you may submit this form in one of three ways:

• File online: You can do this by visiting the SCC’s website and navigating towards the “Form a New Virginia LLC’ section for step-by-step instructions
• File via mail: You can download this form, fill it out, and mail it to the following address: P.O. Box 1197, Richmond, VA 23218-1197
• Deliver in-person: Download the same form and submit it in-person at the following address: 1300 East Main Street, Tyler Building, 1st Floor, Richmond, VA 23219

Note: Make sure to fill out your form by either typing or using clear, legible handwriting in black ink in order to reduce processing errors.

Step 4: Create a Virginia LLC Operating Agreement

Once this is completed, the next step you’ll need to take is to create an operating agreement.

This is an internal document that clearly outlines the ownership and management structure of your company in order to reduce potential future conflict.

While this document isn’t legally mandated in Virginia, all LLCs are recommended to have one as it can help maintain both: smooth operations and your LLC’s corporate veil.

A number of companies provide drafting services for operating agreements online, typically for a fee of around a few hundred dollars. However, it’s quite easy to sort this out by yourself if you want to save money, and you can even find a number of free templates online to help with this.

Step 5: Get an EIN

Even though it’s not a legal requirement (unless your LLC has employees or multiple members), all Virginia LLCs should apply for an Employer Identification Number (EIN).

This is a free, nine-digit number used by the IRS to identify your business and keep track of its tax reporting — much like a Social Security Number (SSN) for individuals.

You’ll need an EIN to be able to:

• Hire employees
• Open a business bank account
• Apply for some business licenses/permits
• Establish a line of credit

On top of this, using an EIN instead of a Social Security Number (SSN) helps to protect your personal information and safeguard your anonymity as the business owner of your LLC.

You can quickly apply for an EIN for your LLC online through the IRS website. You’re also able to submit a paper application using Form SS-4 either via fax to (855) 641-6935, or by mailing it to the following address:

Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999

Note: Don’t worry if you don’t already have an SSN, it’s not necessary to have one in order to apply for an EIN — instead, you can just leave Section 7b of the application blank and call the IRS on (267) 941-1099.

Step 6: File a BOI Report

Starting January 2024, the vast majority of LLC owners will be required to file a Beneficial Ownership Information (BOI) Report with the US Financial Crimes Enforcement Network (FinCEN).

This is part of an initiative by the U.S. government to stop individuals and entities engaging in illegal or unethical activities from being able to conceal this using “opaque ownership structures”, like shell companies, to hide their true identities.

Existing LLCs will be able to file this report anytime between January 1, 2024, and January 1, 2025, while new LLCs will have up to 90 days after the date they were initially formed to do so (30 days for LLCs formed after the start of 2025).

Keep in mind that failure to file your LLC’s BOI report on time can result in exorbitantly high fines (i.e., $591 per day) or even jail time (up to two years).

Note: Not every LLC owner is required to file a BOI report. For example, companies with more than 20 full-time employees, accounting firms, and banks are exempt. For a full list of filing exemptions, you can have a look at FinCEN’s website.

How to Maintain Your Virginia LLC

In order to keep operating legally in the state of Virginia, your LLC will need to keep up with its annual obligations — which we’ve discussed in greater detail below.

Pay an Annual Registration Fee

All LLCs in the state of Virginia are required to pay an annual registration fee of $50 in order to maintain their active status.

This fee is due by the last day of the month in which your LLC was originally registered.

Payments can be made online through the Virginia State Corporation Commission’s Clerk’s Information System (CIS) or by mail to the SCC.

It’s important to note that a late payment penalty of $25 is assessed if the fee is not received by the due date. Additionally, if the fee is not paid by the last day of the third month following the due date, your LLC will be dissolved.

Virginia vs Other States

Virginia stands out for its favorable business environment, often attracting entrepreneurs and established businesses alike.

The state offers low formation and maintenance costs for LLCs, which significantly eases the financial burden on startups and small businesses.

This affordability is coupled with a streamlined regulatory framework, which makes it easier to start and maintain a business.

Regardless, keep in mind that the best state to form your LLC is almost always the state that you will be operating in; this is because otherwise you’ll likely be required to register as a foreign LLC in your home state, meaning that you’ll need to pay registration and maintenance fees twice.

Virginia State Corporation Commission Contact Information

Mailing Address:
Clerk’s Office
P.O. Box 1197
Richmond, VA 23218-1197

Physical Address:
Tyler Building
1300 E. Main St.
Richmond, Virginia 23219
Monday – Friday, 8:15 a.m. to 5 p.m.

Contact Information:

Email: sccinfo@scc.virginia.gov
Phone: (804) 371-9733