West Virginia Registered Agent: LLC Guide

No, a Registered Agent is not required in West Virginia as per West Virginia Code, Sections 31B-1-108 and 31B-1-111.

While you can list yourself as a Registered Agent (or hire a Registered Agent Service), it isn’t required in the state.

We recommend not listing a Registered Agent if you’re forming your LLC yourself. However, if you want to hire a company to form your LLC, you can hire a Registered Agent Service. They’ll form your LLC and list themselves as the Registered Agent too.

If you want to hire a Registered Agent Service, check out Best Registered Agent Services in West Virginia to see how the top companies compare to each other.

Note: In some states, a Registered Agent is also known as a Statutory Agent. West Virginia sometimes refers to them as Agents for Service of Process.

Yes, you can be your own Registered Agent in West Virginia. In fact, West Virginia’s laws are very relaxed around who can be your Agent. So technically, you can list yourself or anyone you know.

Unlike other states that require a physical street address in that state, this is not the case in West Virginia. You can list yourself – or someone you know – and their address can be located in any state. They don’t have to have a local office.

Furthermore, you don’t have to list a Registered Agent at all when starting an LLC in West Virginia.

Yes, a family member can be your Registered Agent in West Virginia, if they meet the legal requirements.

To be your Registered Agent, your family member must have a physical address in West Virginia (PO Boxes aren’t allowed). They must also be available at that address during normal business hours.

No, a Registered Agent in West Virginia does not need to have a physical address in West Virginia.

Their address can be located in West Virginia or it can be located in any state.

Additionally, you can use a PO box or a mailbox rental address (again, located in any state).

No, West Virginia Registered Agents are not liable for any of the LLC’s lawsuits or debts.

Accepting legal documents on behalf of the LLC does not bring them into a lawsuit.

If you are the Registered Agent and someone sues your LLC, they are still only suing the business. The Registered Agent does not get sued. And that’s true even if you are both the Registered Agent and the owner of the LLC.

Only the LLC gets sued – not you, as the business owner. That’s because an LLC protects your assets.

No, a Registered Agent is not automatically a Member (owner) of an LLC. They are two separate things.

A Registered Agent is a person or company who agrees to accept legal mail on behalf of your LLC.

An LLC Member is an owner of the LLC.

While someone can be both an LLC Member and list themselves as the Registered Agent for the LLC, this doesn’t mean all Registered Agents are Members (or that all Members are Registered Agents).

In other words, a Member of the LLC can be the Registered Agent, but just listing someone’s name as the Registered Agent doesn’t make them an owner of the LLC.

To make someone an owner of the LLC, they would be listed in the LLC Operating Agreement and in the Articles of Organization form.

You appoint your Registered Agent in West Virginia on your LLC formation paperwork (aka the West Virginia Articles of Organization).

If you will be your own Registered Agent, just enter your information in the Agent of Process fields.

If you don’t want to list a Registered Agent, just leave the Agent of Process section blank in the Articles of Organization.

If you’ll be hiring a Registered Agent Service, like Northwest Registered Agent, hire them, then enter the Registered Agent’s address information in the appropriate fields. Or if you’re hiring a Northwest Registered Agent to form your LLC, they’ll file your Articles of Organization for you.

If you form your LLC yourself, it will look like this: Registered Agent and Registered Office Address fields in West Virginia Articles of Organization online filing.

That’s it! There’s no additional form or paperwork to file to appoint your Registered Agent in West Virginia.

And again, appointing a Registered Agent in West Virginia is optional. So alternatively, you could leave all the fields blank.

You can change Registered Agents at any time (and as many times as you need). You can change your Registered Agent online, either during your Annual Report filing or as a stand-alone filing.

In West Virginia, there are two ways to change your Registered Agent:

1. If it’s between January 1st and July 1st, you can change your Registered Agent during your West Virginia LLC Annual Report filing. You already have to pay $25 for the Annual Report, so it’s best to change your Registered Agent at this time. You’ll avoid the extra $15 fee you’d pay if you filed via the stand-alone method.

2. If it’s after July 1st and you want to change your Registered Agent, you can do so online via the One Stop Business Portal. The fee is $15. Login to One Stop, click “Secretary of State”, then under “Other Filings”, click “Address/Officer/Agent Change” to start the filing.

Switching from yourself as a Registered Agent to a Registered Agent company

If you’ve been the Registered Agent for your LLC, and you’d like to switch to a new Registered Agent Service, the new company will usually file the paperwork for you. When you sign up for their services, the new company will ask if you’re changing Registered Agents.

For example, if you hire a Northwest Registered Agent, they’ll file the change of Registered Agent paperwork for you.

Note: Northwest also offers other services like mail forwarding and filing your Annual Reports. Any mail that is sent to your LLC will be scanned by them and uploaded to your online account.

Switching from your current Registered Agent company

If you’re using a West Virginia Registered Agent Service, and you’d like to change to another company or to be your own Registered Agent, there is one additional step.

First, file the change of West Virginia Registered Agent with the state. Then, contact the prior Registered Agent company and cancel their services.

Note: Because many companies don’t tell people that a West Virginia Registered Agent is optional, many people find themselves switching from a Registered Agent Service to themselves at a later date. Or just removing the Registered Agent Services altogether from their LLC filing.

Typically, in most states, a Registered Agent needs to be available during normal business hours, Monday through Friday from 9 am to 5 pm. This is so they can be available to accept Service of Process.

However, because Registered Agents aren’t required in West Virginia, this doesn’t apply. Said another way, in West Virginia, if you have a Registered Agent, they don’t need to maintain regular business hours.

They also don’t need to be around to accept Service of Process. Service of Process can simply be delivered via certified mail and anyone can sign on behalf of the LLC.

Here are the steps to starting an LLC in West Virginia:

Choose an LLC name and make sure it’s available

Choose who will be your West Virginia Registered Agent

Get a Tax ID Number (EIN) from the IRS

File the West Virginia LLC Articles of Organization

Get your Business Registration Certificate

Complete and sign an LLC Operating Agreement

Open an LLC bank account