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West Virginia Application for Certificate of Authority of Limited Liability Company

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WEST VIRGINIA APPLICATION FOR CERTIFICATE OF AUTHORITY OF LIMITED LIABILITY COMPANY

FILE ONE ORIGINAL (Two if you want a filed stamped copy returned to you.)

FILING FEE: $150 *Fee Waived for Veteran-owned organization Control #

*** The undersigned, having authority to transact business on behalf of a foreign (out-of-state) registered entity, agrees to ***
comply with the requirements of West Virginia Code §31B-10-1002 to apply for Certificate of Authority.

1. The name of the limited liability company as registered in its home state is:

and the State or Country of organization is:

CHECK HERE to indicate you have obtained and submitted with this application a CERTIFICATE OF EXISTENCE (GOOD STANDING), dated during the current tax year, from your home state of original formation as required to process your application.

2. The business name to be used in West Virginia will be:

Home State name as listed in Section 1. above, if available in West Virginia

DBA Name

(If name is not available, check DBA Name box below and follow special instructions in Section 2. attached.)

3. The company will be a:

Regular LLC

Professional LLC* for the profession of:

Series LLC

Professional business organizations: CHECK BOX indicating you have attached the state licensing board Verification of Eligibility (Form VOE).

4. The address of the principal office of the company will be:

Located in the County of (required):

Street:

City: State: Zip Code:

The mailing address of the above location, if different, will be:

Street:

City: State: Zip Code:

5. The address of the initial designated (physical) office of the company in West Virginia, if any, will be:

Located in the County of:

Street:

City: State: Zip Code:

6. Agent of Process:

Name:

Street:

City: State: Zip Code:

The mailing address of the above location, if different, will be:

Street:

City: State: Zip Code:

7. E-mail address where business correspondence may be received:

8. Website address of the business, if any (ex: yourdomainname.com):

9. Do you own or operate more than one business in West Virginia?

Yes If "Yes"... a. How many businesses? b. Located in how many West Virginia counties? No Decline to answer

10. The company will be - CHECK ONE (required):

an AT-WILL company, conducting business for an indefinite period.

a TERM company, conducting business for the term of years.

11. The company will be - CHECK ONE (required):

MEMBER-MANAGED

MANAGER-MANAGED

List the name(s) and address(es) of the MEMBER(S) [if member-managed] or the MANAGER(S) [if manager-managed] of the company (required):

Use additional pages if necessary.

12. All or specified members of a limited liability company are liable in their capacity as members for all or specified debts, obligations or liabilities of the company (required):

No - All debts, obligations and liabilities are those of the company.

Yes - Those persons who are liable in their capacity as members for all debts, obligations or liability of the company have consented in writing to the adoption of the provision or to be bound by the provision.

13. a. The purpose(s) for which this limited liability company is formed is as follows:

b. Will the above purpose include any business activity conducted as a consumer litigation financier pursuant to WV Code §46A-6N?

Yes

No

14. Is the business a Scrap Metal Dealer?

Yes

No

15. Other provisions which may be set forth in the operating agreement or matters not inconsistent with law:

16. The number of pages attached and included in these Articles is:

17. The requested effective date is:

the date and time of filing in the Secretary of State's Office.

the following date and time

18. Is the organization a "veteran-owned" organization?

Yes (If "Yes," attach Form DD214)

No

CHECK BOX indicating you have attached Veteran Affairs Form DD214

19. Contact and Signature Information

a. Contact person to reach in case there is a problem with filing:

Phone:

b. Print or type name of signer:

Title/Capacity of signer:

c. Signature:

Date:

FILING THE ARTICLES - ONE ORIGINAL REQUIRED - AND PAYING THE FEE

Registration fee - $150

* Veteran-owned entity registration FEE WAIVED - $0

Registration fee* $15 per certified copy: +

Total fee: =

Customer Order Request

Order Processing Requested:

Standard Processing

24-HOUR Expedite

2-HOUR Expedite

1-HOUR Expedite

Name of Entity:

Return filing to (Return Address):

Contact Name: Phone:

Return Delivery Options:

Email to:

Fax to:

Hold for Pick Up

Mail to Return Address above

Other (explain below):

FedEx: Acct # UPS: Acct #

Order Description (include items being ordered and fee breakdown):

Total Amount:

Payment Method:

Cash

Check/Money Order

Credit Card

Pre-paid Acct #:

e-Payment Authorization

Service Type:

Fax E-mail Mail

Card Type:

Visa Mastercard Discover American Express

Credit Card Number:

V Code*

Credit Card Expiration Date: Month Year

Amount to Charge Card: USD $

Order Information (required)

Entity Name:

Card Holder Information:

Name as it appears on the account

Billing Address

City State Zip Code

Telephone Ext.

Payment Information Storage Authorization (optional)

I authorize the Secretary of State to store this payment information for future payment transactions processed by Secretary of State:

Authorized Signature

Date

Payment Authorization (required)

I authorize the Secretary of State to bill an amount not to exceed the following to be charged to the above listed account(s):

Authorized Signature

Date

Not to Exceed Amount: USD $

Enter text✕

What the West Virginia Application for Certificate of Authority of Limited Liability Company Is

The West Virginia Application for Certificate of Authority of Limited Liability Company is the official form a foreign LLC files with the West Virginia Secretary of State to obtain authority to transact business in West Virginia. The filing typically requires identification of the foreign LLC, the name under which it will operate in West Virginia (if different), designation of a registered agent in West Virginia, and an authenticated certificate of good standing from the LLC’s home jurisdiction. Approval establishes the LLC’s legal presence in West Virginia and triggers state reporting and tax obligations.

Why Filing This Application Matters

Filing secures legal authorization to do business in West Virginia, protects the LLC’s ability to bring or defend suits in state courts, and ensures compliance with state tax and reporting rules.

Why Filing This Application Matters

Who Typically Completes This Application

Foreign limited liability companies expanding into West Virginia, outside counsel, or in-house legal and compliance teams prepare this application when the LLC will transact business in the state.

  • Foreign LLC owners and managers expanding operations into West Virginia for sales, offices, or contracts.
  • Corporate counsel or business formation specialists preparing foreign qualification and compliance documentation.
  • Registered agent services that accept statutory service of process and file recurring reports.

Filing agents, registered agent services, or corporate paralegals often submit the paperwork, but the LLC’s authorized representative must ensure accuracy and signatory authority.

Step-by-step completion checklist

Follow these steps in order to prepare, verify, and submit the Application for Certificate of Authority.

  • 01
    Confirm necessity: Determine if your LLC is transacting business in West Virginia.
  • 02
    Gather documents: Obtain certificate of good standing and formation records.
  • 03
    Complete form: Fill fields carefully and attach required certificates.
  • 04
    File and pay: Submit to Secretary of State and retain confirmation.

How filing and approval typically proceed

This is the typical flow from preparation to authority grant when applying for foreign qualification in West Virginia.

  • Preparation: Collect governing documents and agent info.
  • Submission: File application and pay the fee.
  • Review: Secretary of State examines completeness.
  • Certificate issued: Authority granted; retain approval for records.

Configuring an online filing workflow

Set up a digital workflow to collect signatures, attach authentication documents, and submit the application efficiently.

Field Configuration
Document Upload Require PDF certificate of good standing upload.
Signature Fields Place authorized representative signature field.
Authentication Enable email or SMS signer verification.
File Export Export final package as single PDF.

Technical considerations for eSigning and eFiling

Ensure the platform can store certificates, produce tamper-evident signed PDFs, and meet any state notary or BAA requirements as necessary for your workflow.

  • File formats: PDF and DOCX accepted.
  • Integrations: Salesforce, NetSuite, Google Workspace.
  • Authentication: Email, SMS, KBA options.

Key filing and reporting timelines to track

Keep these timing considerations in mind when filing a Certificate of Authority and maintaining compliance in West Virginia.

When to file:

File before beginning business activities in West Virginia.

Certificate currency:

Good standing letters are usually accepted only if recently dated.

Annual reports:

State annual report due dates vary by entity; monitor Secretary of State notices.

Registered agent changes:

File promptly when agent or address changes occur.

Tax registrations:

Register with state tax authorities after qualification.

Milestones from application to active authority

Typical stages and what to expect from submission to receiving authority in West Virginia.

01

Prepare package

Assemble form, good standing certificate, and payment.

02

Submit application

File with Secretary of State by mail or eFile if available.

03

State review

Secretary of State verifies documents and completeness.

04

Receive certificate

Official certificate of authority is issued upon approval.

Common mistakes that delay or invalidate filings

  • Using an incorrect or outdated legal name that does not match home-state formation records causes rejections.
  • Failing to attach a current certificate of good standing or attaching an expired one delays processing.
  • Providing a P.O. box for the registered agent address when a physical street address is required.
  • Submitting incomplete signature blocks or unsigned declarations that require manual correction and refiling.

Consequences of incorrect or late filings

Administrative fines: Late filing penalties may apply
Legal restrictions: Limits on bringing suit in state courts
Tax exposure: Unregistered activity can trigger tax assessments
Rejection: Application returned for correction
Operational delay: Business activities may be paused
Higher costs: Attorney and refile fees increase expenses

Essential data elements required on the application

Entity name: Full legal LLC name
Formation state: State or country of formation
Agent address: Physical West Virginia address
Office address: Principal business street address
Good standing: Recent certificate attached
Authorized signature: Signed by an authorized representative

Core sections to include in a professional application package

A complete submission bundles the completed form, authenticated proof of existence, authorized signature, and supporting administrative details.

Cover Letter

Short transmittal explaining the filing purpose, contact information, and enclosed items to help clerks process the submission.

Completed Form

The Application for Certificate of Authority completed in full with typed entries and formatted dates; unsigned or incomplete forms are returned.

Good Standing

A certificate of good standing or its equivalent from the home jurisdiction, typically dated within 60–90 days of filing.

Registered Agent

Written designation of a West Virginia registered agent with physical address for service of process and agent acceptance if required.

Payment

Correct filing fee in the form accepted by the Secretary of State, with a copy of the payment method or check enclosed.

Signature Block

Authorized person’s printed name, title, signature, and date in MM/DD/YYYY format; include notarization only if the form requests it.

How companies commonly use this filing

Representative scenarios show why foreign LLCs file for authority in West Virginia and how the filing fits broader compliance.

Regional Expansion

A regional software reseller enters West Virginia to serve clients locally

  • Needed immediate authority to sign local contracts
  • The filing required a home-state good standing certificate and enabled contract execution and state tax registration for the new office.

Contract Performance

A construction LLC wins a West Virginia subcontract and must qualify to perform work

  • Qualification allowed legal contracting in-state
  • After filing and approval, the company registered for state taxes and accepted performance bonds according to local requirements.

Pricing snapshot for eSignature platforms useful for filing and approvals

Compare typical starting prices and core capabilities relevant to signing and submitting corporate filings; signNow is listed first per vendor ordering requirements.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 env/user/yr Varies Varies Varies

Frequently asked questions about filing in West Virginia

Answers to common questions about forms, timing, signatures, and supporting documents when applying for foreign LLC authority in West Virginia.


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