Once you have formed your West Virginia LLC, you must stay on top of your state’s filing deadlines in order to stay in good standing and avoid unnecessary fines or penalties.
This article answers the following questions for a West Virginia LLC:
What Is an Annual Report?
In West Virginia, an annual report is a regular filing that your LLC must complete every year to update your business information, including:
- Company address(es)
- Agent for service of process name and address
- New agents for service of process must consent to their appointment on the form
- Number of employees
- Names and addresses of LLC members or managers
The purpose of this report is to keep your business records up to date with the State of West Virginia. This allows creditors and other interested parties to look up your business address in case they need to contact you. The government uses this information to track the payment of your LLC state taxes.
How Do I File an Annual Report?
You can file your West Virginia LLC annual report through the Secretary of State website. You will need an account to file online, and you can choose between “Annual Report No Changes” and “Annual Report With Changes.”
File Your West Virginia Annual Report
File Online With the West Virginia Secretary of State
Due Date: West Virginia LLC annual reports are due by July 1 every year.
Late Filings: Any annual report received after July 1 will result in a $75 late fee. Further failure to file an annual report could result in the dissolution of your West Virginia LLC.
Should I Use a Registered Agent Service?
A registered agent, known in West Virginia as an agent for service of process, is a person or business nominated by your company to officially receive and send papers on your behalf. By using a registered agent service, you can ensure that your LLC's reports are always filed on time to the appropriate government agency. Here are the three main advantages to using a registered agent service for your LLC:
- Avoid late filing penalties: The Secretary of State can dissolve a West Virginia LLC if it does not file an annual report. A registered agent service will notify you when reports are due, and they can also submit the filing for you for an additional fee.
- Gain flexibility: A registered agent service can receive and send documents for your LLC during regular business hours so that you don’t have to be on the job from 9 a.m. to 5 p.m. every week. You can also use a registered agent service to form an LLC in other states where you don't already have an established business presence.
- Maintain privacy: Using a registered agent service allows you to keep your personal address off of public records, ensuring your privacy. Additionally, if someone sues your LLC, the lawsuit will be served to the registered agent’s address rather than your place of business.
Learn more about getting a West Virginia agent for service of process by reading our guide.