Foreign registration · no form number

West Virginia Corporation Foreign Registration in South Dakota

A corporation formed in West Virginia that wants to do business in South Dakota files an online registration (no form number), with $750 in state fees. South Dakota also wants West Virginia's Certificate of Existence ($10). We file it with the Secretary of State from your West Virginia records, then serve as your registered agent there for year one.

West Virginia vs South Dakota: the paperwork

	West Virginia formed here	South Dakota registering here
Document	West Virginia Certificate of Existence	Application for Certificate of Authority (Foreign Business Corporation) (no form number)
State fee	$10	$750 at order
How it is handled	West Virginia: in about 5 to 10 business days, with 24-hour, 2-hour and 1-hour expedite options	Filed online with South Dakota
Paid expedite		$50
Office	West Virginia Secretary of State, Business & Licensing Division	South Dakota Secretary of State
Official page	sos.wv.gov	sdsos.gov
Age rule	Dated when issued	Must be current
Yearly filing	Annual Report, $25, every two years	Annual Report, fee set by the state, every year
Due	July 1 each year	By the first day of the registration anniversary month each year
Late yearly filing	$50 late fee	$50 late fee
Turnaround	Certificate takes a few days	Online processing: immediately
Agent	Your West Virginia agent for service of process	Our South Dakota registered agent

From West Virginia to South Dakota, step by step

Order the West Virginia certificate
The Certificate of Existence ($10) is ordered from West Virginia separately; it is not part of our South Dakota order. South Dakota wants the West Virginia certificate current, so it is ordered close to the filing date.
We prepare and file the registration
It names us as your South Dakota registered agent, with your West Virginia name and formation date and the certificate attached. Allow for the days West Virginia takes to send the certificate before the South Dakota filing goes in. Once South Dakota approves it, the West Virginia company can do business there.

South Dakota costs for West Virginia companies

Item	Amount
State fees, paid at order	$750
Certificate of Existence, paid to West Virginia	$10
Our service, with a year of South Dakota registered agent service	$199
First-year total, West Virginia certificate included	$959

South Dakota's paid expedite is optional and not in the total.

Your West Virginia name and South Dakota's rules

If another South Dakota company uses the West Virginia name, an alternate name is allowed. South Dakota can hold a name for $25 before you file.

Agents: South Dakota and West Virginia

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

Yearly filings: South Dakota and West Virginia

West Virginia wants the Annual Report every two years ($25); South Dakota wants the Annual Report every year. Both states' filings stay current side by side.

LLC or corporation, West Virginia to South Dakota

An LLC formed in West Virginia files its own registration with South Dakota ($750 in state fees, the same, plus the Certificate of Existence ($10)). After that come West Virginia's Annual Report ($26) and South Dakota's Annual Report ($55). See the LLC filing.

The other way: South Dakota into West Virginia

A corporation formed in South Dakota that registers with West Virginia files Form CF-1 with $101 in state fees. See that filing.

Questions West Virginia owners ask about South Dakota

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

Yes, once a West Virginia business operates there; South Dakota law lists 11 activities that do not count on their own.

Is this a certificate of authority?

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

How much does the South Dakota registration cost?

$949 at checkout plus $10 to West Virginia for the Certificate of Existence, $959 in all (checkout is $750 in state fees plus our $199).

Do I need West Virginia's certificate of good standing?

Yes: South Dakota wants West Virginia's Certificate of Existence ($10), current at filing.

How long does the South Dakota registration take?

South Dakota approves online filings immediately, plus a few days for West Virginia's certificate before filing. Paid expedite: $50.

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

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

What if I don't register with South Dakota?

A West Virginia company cannot sue in court there until it registers.

Does South Dakota require a registered agent?

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

Will South Dakota accept my West Virginia name?

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

Can I form a new South Dakota corporation instead?

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

Official sources

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