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Entity

Foreign registration · Form CF-1

South Dakota Corporation Foreign Registration in West Virginia

To do business in West Virginia, a corporation formed in South Dakota registers there on Form CF-1, with $101 in state fees. West Virginia may ask for South Dakota's Certificate of Good Standing/Existence ($20). We file it with the Secretary of State, Business & Licensing Division from your South Dakota records, then serve as your agent for service of process there for year one.

South Dakota and West Virginia side by side

South Dakota
formed here
West Virginia
registering here
DocumentSouth Dakota Certificate of Good Standing/ExistenceForm CF-1, Application for Certificate of Authority
State fee$20$101 at order (filing fee $100 plus charges collected at filing)
How it is handledSouth Dakota: onlineFiled with West Virginia
Paid expeditenext-day $25, same-day (in person) $25, 2-hour $250, 1-hour $500
OfficeSouth Dakota Secretary of StateWest Virginia Secretary of State, Business & Licensing Division
Official pagesosenterprise.sd.govsos.wv.gov
Yearly filingAnnual Report, fee set by the state, every yearAnnual Report, $25, every two years
DueBy the first day of the registration anniversary month each year (form opens that dayJuly 1 each year
Late yearly filing$50 late fee$50 late fee
AgentYour South Dakota registered agentOur West Virginia agent for service of process

How South Dakota companies register with West Virginia

  1. We prepare and file Form CF-1

    It lists us as your West Virginia agent for service of process, next to your South Dakota name and formation date. If West Virginia wants the South Dakota certificate, it is ordered first. Once West Virginia approves it, the South Dakota company can do business there.

Your South Dakota name and West Virginia's rules

If another West Virginia company uses the South Dakota name, an alternate name is allowed. We search West Virginia's records for South Dakota's name on file before anything is filed.

Agents: West Virginia and South Dakota

West Virginia calls it an agent for service of process; South Dakota says registered agent. West Virginia papers come to us; South Dakota's agent is unchanged.

Yearly filings: West Virginia and South Dakota

South Dakota wants the Annual Report every year; West Virginia wants the Annual Report every two years ($25). The new registration does not replace any home-state filing.

LLC or corporation, South Dakota to West Virginia

An LLC formed in South Dakota files Form LLF-1 with West Virginia ($151 in state fees, plus the Certificate of Good Standing/Existence ($20)). After that come South Dakota's Annual Report ($55) and West Virginia's Annual Report ($25). See the LLC filing.

Registering a West Virginia company in South Dakota

A corporation formed in West Virginia that registers with South Dakota files South Dakota's registration (no form number) with $750 in state fees, plus the Certificate of Existence ($10). See that filing.

Common questions: South Dakota to West Virginia

Does my South Dakota company need to register in West Virginia?

Yes, once a South Dakota business operates there; West Virginia registers it as a foreign corporation.

Is this a certificate of authority?

Yes: West Virginia issues one to South Dakota corporations once the form is approved.

How much does the West Virginia registration cost?

$300 at checkout; West Virginia may also want South Dakota's Certificate of Good Standing/Existence, at extra cost.

How long does the West Virginia registration take?

West Virginia's standard processing takes 5 to 10 business days at no extra cost, plus time for South Dakota's certificate if West Virginia asks for it. Paid expedite: next-day $25, same-day (in person) $25.

What are the yearly costs for South Dakota and West Virginia?

Our agent for service of process renewal ($149 a year), South Dakota's report (fee set by the state) and West Virginia's report ($25, every two years).

Does West Virginia require a registered agent?

Yes: the South Dakota registered agent stays, and ours covers West Virginia for year one.

Will West Virginia accept my South Dakota name?

Yes, if no company there has it; if one does, it uses an alternate name there and keeps its South Dakota name at home.

Can I form a new West Virginia corporation instead?

Yes, but South Dakota keeps the original, so you run two companies: the new one files West Virginia's Annual Report ($25), and the original keeps South Dakota's Annual Report.

How do I withdraw from West Virginia later?

South Dakota companies leave by filing a withdrawal application; until then, West Virginia's report stays due alongside South Dakota's filings.

Official sources

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