May 26, 2022

West Virginia Registered Agent

Written by: Mary Gerardine

    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.

    A West Virginia registered agent is an individual or business entity that is appointed by a West Virginia LLC or corporation to receive tax and legal documents such as service of process, government correspondence, and compliance documents on behalf of the business.

    Note: 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 ($39 + state fees). (This is a great deal!)

     

    Best West Virginia Registered Agent Service

    Northwest Registered Agent

    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.

    Recommended Registered Agent Service

    For premium customer service and data security, Northwest Registered Agent is our #1 pick for registered agent service.
    4.8 out of 5 starsNorthWest Registered Agent ($39 + state fees)

    See how Northwest Registered Agent compares to other registered agent services in StateRequirement’s Best LLC Services review

     

    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 AddressesTo 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 ReportYou 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 PortalThe filing fee is $25.

    Note: 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.

    Recommended Registered Agent Service

    We recommend Northwest Registered Agent, which offers their West Virginia registered agent service free for one year along with your LLC formation ($39 + state fees).
    NorthWest Registered Agent ($39 + state fees)



    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




    West Virginia Registered Agent FAQ

    Who can be a West Virginia registered agent?

    Anybody who meets the necessary requirements can act as your registered agent. These requirements include:

    • Must be at least 18 years old
    • Must have a physical street address in the state of West Virginia
    • Must be available during typical work hours (i.e., 9 a.m. to 5 p.m. Monday through Friday)

     

    Is a statutory agent the same as a registered agent?

    Yes. Some states refer to registered agents as statutory agents. Other names for registered agents include resident agent and agent for service of process.

     

    Can I be my own registered agent?

    While you can be your own registered agent, it comes with a lot of responsibility. This could take you away from the parts of your business that you enjoy the most. It can also be stressful trying to keep up with all compliance requirements, and your information will also be available on the public record.

     

    Can I get a free registered agent?

    Yes, as long as they meet all of the necessary requirements and follow the state’s guidelines. It can lead to trouble if you use someone that doesn’t follow all rules and regulations.

    Many LLC formation services offer free registered agent services with their packages for a certain amount of time.

     

    Why do I need a registered agent?

    All states require that LLCs have a registered agent. Businesses need registered agents because there needs to be a point of contact for every business, for legal processes, communication, and staying in compliance.

    Check out StateRequirement’s guide on why you need an LLC registered agent.

     

    How do I choose a registered agent?

    The best registered agent or service will be responsible, helpful, and honest. They should have a track record of being on time and working with other influential businesses.

     

    How much does a registered agent service cost?

    A registered agent service can cost as low as $99/year for some services, but others may charge considerably more depending on what services they offer.




    Information on this page is not to be considered legal or tax advice. Data was gathered from a multitude of sources and most recently updated in May 2022.

    Any Information on this site is not guaranteed or warranted to be correct, accurate, or up to date. StateRequirement and its members and affiliates are not responsible for any losses, monetary or otherwise. StateRequirement is not affiliated with any state, government, or licensing body. For more information, please contact your state's authority on insurance.

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