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Entity

Foreign registration · Form LLF-1

Delaware LLC Foreign Registration in West Virginia

West Virginia registers an LLC from Delaware as a foreign LLC on Form LLF-1, with $151 in state fees. West Virginia also wants Delaware's Certificate of Good Standing ($50). We file it with the Secretary of State, Business & Licensing Division from your Delaware records, then serve as your agent for service of process there for year one.

Delaware vs West Virginia: the paperwork

Delaware
formed here
West Virginia
registering here
DocumentDelaware Certificate of Good StandingForm LLF-1, West Virginia Application for Certificate of Authority of Limited Liability Company
State fee$50$151 at order (filing fee $150 plus charges collected at filing)
How it is handledDelaware: through the Division of Corporations request service, sent by first-class mail unless a FedEx or UPS account is suppliedFiled with West Virginia
Paid expeditenext-day $25, same-day (in person) $25, 2-hour $250, 1-hour $500
OfficeDelaware Department of State, Division of CorporationsWest Virginia Secretary of State, Business & Licensing Division
Official pagecorp.delaware.govsos.wv.gov
Age ruleDated when issuedMust be current
Yearly filingAnnual LLC Tax, $400, every yearAnnual Report, $25, every year
DueOn or before June 1July 1 each year
Late yearly filing$200 late fee$50 late fee
TurnaroundCertificate comes by mailStandard processing: standard processing takes 5 to 10 business days at no extra cost
AgentYour Delaware registered agentOur West Virginia agent for service of process

How Delaware companies register with West Virginia

  1. Order the Delaware certificate

    The Certificate of Good Standing ($50) is ordered from Delaware separately; it is not part of our West Virginia order. It comes as a short form ($50) or a long form ($175). West Virginia wants the Delaware certificate current, so it is ordered close to the filing date.

  2. We prepare and file Form LLF-1

    It lists us as your West Virginia agent for service of process, next to your Delaware name and formation date, with the certificate attached. The Delaware certificate takes days to arrive, so the West Virginia filing waits for it. After approval, your Delaware LLC is registered with West Virginia.

First-year cost, Delaware to West Virginia

ItemAmount
State fees, paid at order$151
Certificate of Good Standing, paid to Delaware$50
Our service, with a year of West Virginia agent for service of process service$199
First-year total, Delaware certificate included$400

West Virginia's paid expedite is optional and not in the total.

Your Delaware name and West Virginia's rules

West Virginia accepts your Delaware name if it includes limited liability company, limited company, L.L.C., LLC, L.C. or LC, with limited abbreviated Ltd. and company abbreviated Co.. If the Delaware name already ends in LLC, it meets the rule. If West Virginia's records show it taken, you can use an alternate name for the Delaware company. We check your exact Delaware name against West Virginia's records before filing.

Your West Virginia agent and the Delaware one

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

Yearly filings: West Virginia and Delaware

Each year your LLC files Delaware's Annual LLC Tax ($400) and West Virginia's Annual Report ($25). With our $149 agent for service of process renewal, Delaware plus West Virginia comes to $574 a year. Both states' filings stay current side by side.

LLC or corporation, Delaware to West Virginia

A corporation formed in Delaware files Form CF-1 with West Virginia ($101 in state fees). After that come Delaware's Annual Franchise Tax Report ($50) and West Virginia's Annual Report ($25). See the corporation filing.

The other way: West Virginia into Delaware

An LLC formed in West Virginia that registers with Delaware files Delaware's registration (no form number) with $200 in state fees, plus the Certificate of Existence ($10) dated within 180 days. See that filing.

Common questions: Delaware to West Virginia

Does my Delaware company need to register in West Virginia?

Yes, once a Delaware business operates there; West Virginia law lists 12 activities that do not count on their own.

How much does the West Virginia registration cost?

$350 at checkout plus $50 to Delaware for the Certificate of Good Standing, $400 in all (checkout is $151 in state fees plus our $199).

Do I need Delaware's certificate of good standing?

Yes: West Virginia wants it ($50), current at filing.

How long does the West Virginia registration take?

West Virginia's standard processing takes 5 to 10 business days at no extra cost, plus mail time for Delaware's certificate before filing. Paid expedite: next-day $25, same-day (in person) $25.

What are the yearly costs for Delaware and West Virginia?

$574 a year: our $149 agent for service of process renewal, $400 to Delaware and $25 to West Virginia for the yearly reports.

Does West Virginia require a registered agent?

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

Will West Virginia accept my Delaware name?

Yes, if no company there has it; if one does, it uses an alternate name there and keeps its Delaware name at home. West Virginia names must include limited liability company, limited company, L.L.C., LLC, L.C. or LC, with limited abbreviated Ltd. and company abbreviated Co..

Can I form a new West Virginia LLC instead?

Yes, but Delaware keeps the original, so you run two companies: the new one files West Virginia's Annual Report ($26), and the original keeps Delaware's Annual LLC Tax.

How do I withdraw from West Virginia later?

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

Official sources

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