Whether you’re starting a new LLC or updating the registered agent for your existing business, it’s important to choose the best West Virginia registered agent for your needs.

This article will help you to choose the registered agent that best fits your business, go over the basic functions of registered agents, and answer common questions about registered agents.

If you haven’t yet formed your LLC, you can get one year of registered agent services for free if you form your LLC with Northwest Registered Agent ($29 + state fees). (This is a great deal!).

Best West Virginia Registered Agent Service

When choosing a registered agent service, you want someone who understands the importance of staying compliant and being diligent about legal processes and paperwork. That’s why Northwest Registered Agent is our #1 registered agent service choice for West Virginia businesses.

We recommend Northwest Registered Agent, which offers everything that you need to form your LLC along with Registered Agent services. The company boasts over 20 years of operations helping small businesses start or grow.

Northwest has a 100% Error-Free Guarantee with outstanding customer support, exceptional services, and high prices to match. If data privacy and access to customer support are top on your list, the extra costs of working with Northwest Registered Agent may be well worth it for you and your business.

What Does a West Virginia Registered Agent Do?

A registered agent does a few things for a company. Their main task is to be present when or if the company needs to receive tax or legal paperwork. These would be documents that can’t be sent to a mailbox or delivered to a front desk; rather, documents that must be handed directly to the person who represents the company.

A simple example would be a service of process, which is the delivery of legal documents in a lawsuit. These service documents must be delivered directly to the company’s representative – the registered agent – to ensure they are received.

This may seem like a small task, but the caveat that makes this a critical position is that the registered agent is required to be at the documented location to receive these papers during all “regular business hours.” This is the main reason that most people choose to use a registered agent service rather than operating as their own agent.

Other forms that your registered agent may receive on your behalf are:

• Tax forms
• Legal documents
• Official government correspondence
• Service of process

Another function of a registered agent is to file official documents with the state in which the LLC or corporation is established. In most states, businesses are required to file an annual report once per year to keep the business in “good standing” with the state.

Can I Be My Own Registered Agent in West Virginia?

The short answer is yes, you can be your own registered agent.

Whether or not that’s the best plan for you or your company is another question entirely. If you are looking to spend the absolute, bare minimum amount of money on your business, then being your own registered agent may not be a terrible choice. Still, even in that scenario, we don’t recommend it.

Benefits of Using a Registered Agent Service

There are only a few realistic options when it comes to whom you file as your registered agent:

• Yourself
• An attorney
• A registered agent service

As mentioned above, being your own agent has pitfalls and isn’t recommended. What’s more, an attorney in this position would be quite expensive and is generally only a viable option if you had them form your business for you.

So, that leaves you with the option of using a service. Here are the biggest benefits of using a professional registered agent service:

Privacy

When you form an LLC or corporation, your formation data goes into a state database which is open and searchable to the public. The information in this database can include:

• Business name
• Formation date
• Registered agent name
• Registered agent address

While you can’t stop the state from publishing this information, you can retain the privacy of your name and your address by using a registered agent service. Since this information is public, marketing companies use these databases to gather information to market their products and services to business owners. Your mailbox will thank you for keeping your business address private.

Another major privacy benefit is having legal documents delivered to your agent and not you personally. If, for some reason, someone brings a lawsuit against your company, would you rather have your agent call you with these documents or have them served to you in front of your customers, clients, or employees?

Easy Compliance

Along with privacy, another of the main benefits of using a registered agent service is that they will help to keep your business in “good standing” with the state.

Some states require LLCs and corporations to file annual reports or other timely documents. While these generally aren’t difficult tasks, they are often easily forgotten or lost in the day-to-day work that your business hands you.

Your registered agent will send you reminders that this work needs to be completed, and some will even provide you with the proper documents to make your work even easier.

How Do I Elect an Agent of Process in West Virginia?

West Virginia LLCs can appoint an agent of process, known in most states as a registered agent. The state also refers to these agents as “agents for service of process.”

A registered agent receives a process of service notices if someone sues. The agent is responsible for notifying whoever in the business should know about the lawsuit.

In West Virginia, however, the service of process is done through the Secretary of State. The Secretary of State will send a notification to your designated agent of process if you have one. If you don’t, the notification will be sent to your LLC’s principal address.

Should you choose to designate an agent of process, you can designate a commercial registered agent service, an individual agent, or yourself to serve as the agent.

The agent of process designation is made when filing your LLC’s Articles of Organization. You can have an LLC formation service do this, or you can do it yourself via online or hard copy submission:

1. To designate an agent of process online, create an account on the WV One Stop Business Portal. You’ll have an option to designate an agent of process as you go through the Articles of Organization. The West Virginia LLC filing fee is $100, and is paid when you submit the form.
2. To designate an agent of process with a hard copy form, download the West Virginia Articles of Organization of Limited Liability Company (Form LLD-1).Article 5 has a place to provide your agent of the process’s name and address. You might also consider providing their email address in Article 6, which asks for an email where correspondence can be received.
   Mail the form to the West Virginia Secretary of State – Business Licensing Division, along with the $100 new LLC filing fee. The Business Licensing Division maintains three regional offices where you can submit the form, whose addresses you can find below. You can also submit the Articles of Organization via fax or email.

How Can I Change My LLC’s Agent of Process in West Virginia?

You can change your LLC’s agent of process by filing a one-page form and paying a nominal fee. The form can only be filed online.

• File Application to Appoint or Change Process, Officers, and/or Addresses To make the change, log onto the WV One Stop Business Portal, and navigate to the section for changing a registered agent (Form AAO). You’ll have to create an account if you don’t yet have one, as this is the only way to change your LLC’s agent. Follow the prompts, and pay the $15 agent of process change fee when submitting the form. You’ll need the agent of service’s name, address and consent when you make the change.

• File Your West Virginia LLC Annual Report You can also have the opportunity to update your registered agent by filing your West Virginia LLC annual report, although you must submit it within the filing period. The simplest way is to file your annual report via WV One Stop Business Portal. The filing fee is $25.

If you choose to use or switch to a registered agent service, they should complete and file the changes for you. For more information about our recommended Registered Agent service for your LLC, check out our Northwest Registered Agent review.

West Virginia Secretary of State Contact Information

Mailing/Physical Addresses

West Virginia Secretary of State
One-Stop Business Center
1615 Washington Street East
Charleston, WV 25311

North Central WV Business Center
200 West Main St.
Clarksburg, WV 26301

Eastern Panhandle Business Center
229 E. Martin Street
Martinsburg, WV 25401

Hours: Monday – Friday, 8:30am – 5:00 pm

Phone: (304) 558-8000

Fax: (304) 558-8381

Email: CorpFilings@wvsos.gov