The easiest option is to file with companies that can take care of the filings for as little as $0 plus state filing fees.
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Northwest Registered Agent |
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Incfile.com |
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One of the first steps to take when starting a West Virginia business is to perform a West Virginia Business Search. The West Virginia Secretary of State maintains records of West Virginia business entities that exist or have dissolved. The database is free to use and makes it easy to find existing businesses or look to see if a business name may be available.
How to search West Virginia business names
The WV.Gov site maintains a database of corporations that are registered in the state of West Virginia. In addition, the database maintains a list of active and expired corporate records that is free for the public to search.
The Corporations database is easy to navigate with the following business entity search options:
Search by organization name
To perform a search, follow the steps below to check for name availability:
- Enter in the name of the desired business name
- Select “Search.”
There is no need to Enter LLC, Corp, or any other entity type into the search field, and the database does not generate results for Sole Proprietorships or Partnerships.
The search results are broken down into the following categories:
- Name
- Type
- City
- Status
- Details
West Virginia business status
If a business struggles to think of a good business name, one way to generate ideas is to look through the search results list to see if any expired names could fit the business.
For example, if someone wanted to open up a new BBQ restaurant, they could enter “BBQ” into the search bar and generate a list of ideas that are available based on the business status results:
If an expired business name in the search records is of interest, confirming that it is available is recommended by calling the West Virginia Secretary of State in Charleston at phone number 304-558-6000.
Trademark search
One thing to remember is that even though the desired business name may be available, it could have a registered trademark.
Performing a trademark search through the Trademark Electronic Search System before selecting a business name could prevent headaches in the future.
Next steps
1. Check if the domain name is available
- Many of the .com domain names with six or fewer letters are already taken, so getting creative may be necessary. Websites like Namechk and GoDaddy can help filter available domain names and suggest alternatives that may be a good fit.
- While a .com is the most familiar domain extension used, extensions like .co, .net, and .io are becoming more commonly used as the internet ages and can be a good fit once a business name is selected.
2. Check if the social media name is available
In the digital age, it is essential to have a solid social media presence. Customers will often check sites like Yelp and Google Reviews to gauge what others think about a business. Some other tips on social media for a West Virginia business entity:
- Having a strong social media presence for small businesses is an excellent way to boost organic presence on the web, impress customers, and build awareness.
- Unfortunately, like domain names, social media handles are often hoarded. Make sure to check sites like Instagram, Twitter, Facebook, and Pinterest to ensure the handle is not being used.
- If the handle is available, lock the username in place to make sure it is not taken.
- Software platforms like SocialPilot can help simplify managing various social media platforms.
3. Register West Virginia business entity
West Virginia businesses can be registered through the WV.gov SOS site.
Another option is to file with companies like Northwest Registered Agent, Incfile, or ZenBusiness, who can take care of the filings for as little as $0 plus state filing fees.
For further step-by-step instructions on how to file your LLC, check out this West Virginia LLC guide.
4. Register TAX ID/EIN with the IRS
An EIN is a nine-digit number that identifies a business for tax purposes. Think of it as a social security number for businesses. Filing your EIN for a limited liability company (LLC) is straightforward and can be done online. West Virginia corporations can register for a Tax ID for $79 with Swyft Filings.
5. Create a logo
Similar to selecting a good business name, businesses with a great logo impress customers, help distinguish themselves from the competition, and create a positive visual memory of your unique business services for customers.
With the emergence of freelance marketplaces, it is easy to get a logo done on Fiverr in 24 hours or less.
6. Write a business plan
Writing a business plan can help organize business owners’ ideas and create a pathway for businesses to follow. Having a professionally written business plan also impresses investors and helps create accountability.
Liveplan.com is a business plan software that can help make the process easy as they have over 500 sample plans to choose from.
Businesses that form partnerships should consider having a professional operating agreement.
7. Open a business bank account
Having a business bank account is required for businesses as it helps keep business and personal finances separate. It also helps build business credibility in the event business loans are needed to grow the business in the future.
Businesses must have a business mailing address in order to open a business bank account and are not allowed to use a PO box as their primary mailing address.
Lili and Novo are online banks that specialize in working with freelancers and entrepreneurs.
8.Setup an email account
Google’s Workspace can help set up an @yourcompany email address for as little as $6 per month.
Plan on running your business well
9. Register a trademark
One of the easiest ways to file a trademark is through LegalZoom. They have options to file by themselves or pay an additional fee to have an attorney take care of the filings.
West Virginia business structure naming considerations
When selecting a West Virginia business name, it is important to understand the different naming requirements for each entity type.
Sole proprietorships and partnerships
In West Virginia, sole proprietorships do not have to file with the department of commerce to begin business operations. In addition, sole Proprietorships typically operate under a person’s name, so there is no need to perform a business name search in most situations.
Like Sole Proprietorships, Partnerships are relatively easy to file and generally include all partners’ last names (ex: Smith, Jones, and Lasalle).
LLCs
LLCs are separate legal entities that separate owners’ business interests, debts, and liabilities from personal responsibilities. Names for LLCs are required to be filed with the Secretary of State and must be unique.
A few reminders when naming LLCs:
West Virginia business names must include the words “LLC, L.L.C., or the phrase limited liability company. “LLC” is most commonly used after a business name, so we recommend using that abbreviation when filing West Virginia articles of organization.
An LLC name should not include the terms Inc., Corporation, Corp, or Incorporated in the LLC name. The state may not approve a West Virginia business name if it is not distinguishable from the other business.
Corporations
Corporations are relatively complex and typically used by large companies looking to issue stock and attract investors.
Corporation naming considerations:
- Corporations must include “corp”, “corporation”, “Inc”, “limited”, or “company” in the business name to indicate that it is a corporation.
- S Corporations are subject to the exact naming requirements as traditional corporations.
- Professional Corporations must suggest that they use “professional corporation” by using the letters “PC” instead of typical corporate designation.
FAQs
Visit the WV One Stop Portal to change a business address or other common changes throughout a business lifecycle.
West Virginia requires business entities to file an annual report for existing business entities registered with the state. The annual report due date and paperwork can be found on the WV.Gov Secretary of State website.
The best way to dissolve a West Virginia business is to file the dissolution form through the One-Stop Business Portal.
A West Virginia Name Reservation form needs to be filled out and mailed to the Secretary of State to reserve a West Virginia business name. The name reservation will reserve the business name for 120 days, and there is a $15 dollar fee.
A DBA (doing business as), or trade name, is a fictitious business name that companies operate under for business outside of the formal LLC name.
Here are a couple of benefits of DBAs:
- Expansion possibilities: having a DBA enables businesses to expand past their original business without starting a new business entity. Simply creating a new DBA and operating under the existing LLC is all that would be needed.
- Privacy: One of the best benefits of having a DBA is that it gives businesses the ability to operate under a fictitious business name and not have owners’ names revealed publicly.
West Virginia Secretary of State statutes state a Corporation must maintain a registered agent and a registered office to fulfill statutory requirements.
One of the main benefits of using a third-party registered agent service company is that it adds a layer of privacy between the business and the general population. The registered agent receives all documents on a business’s behalf and can mail them to you privately. We recommend Northwest Registered Agent.
