Foreign registration · Form LLF-1

South Dakota LLC Foreign Registration in West Virginia

An LLC formed in South Dakota that wants to do business in West Virginia files Form LLF-1, with $151 in state fees. West Virginia also wants 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 vs West Virginia: the paperwork

	South Dakota formed here	West Virginia registering here
Document	South Dakota Certificate of Good Standing/Existence	Form LLF-1, West Virginia Application for Certificate of Authority of Limited Liability Company
State fee	$20	$151 at order (filing fee $150 plus charges collected at filing)
How it is handled	South Dakota: online	Filed with West Virginia
Paid expedite		next-day $25, same-day (in person) $25, 2-hour $250, 1-hour $500
Office	South Dakota Secretary of State	West Virginia Secretary of State, Business & Licensing Division
Official page	sosenterprise.sd.gov	sos.wv.gov
Age rule	Dated when issued	Must be current
Name endings	'limited liability company', 'limited company', or one of the abbreviations L.L.C., LLC, L.C. or LC (limited may be written Ltd. and company Co.)	limited liability company, limited company, L.L.C., LLC, L.C. or LC, with limited abbreviated Ltd. and company abbreviated Co.
Yearly filing	Annual Report, $55, every year	Annual Report, $25, every year
Due	During the entity's anniversary month each year	July 1 each year
Late yearly filing	$50 late fee	$50 late fee
Agent	Your South Dakota registered agent	Our West Virginia agent for service of process

How South Dakota companies register with West Virginia

Order the South Dakota certificate
The Certificate of Good Standing/Existence ($20) is ordered from South Dakota separately; it is not part of our West Virginia order. West Virginia wants the South Dakota certificate current, so it is ordered close to the filing date.
We prepare and file Form LLF-1
It lists us as your West Virginia agent for service of process, next to your South Dakota name and formation date, with the certificate attached. Once South Dakota's certificate is in hand, West Virginia's filing goes in. Once West Virginia approves it, the South Dakota company can do business there.

First-year cost, South Dakota to West Virginia

Item	Amount
State fees, paid at order	$151
Certificate of Good Standing/Existence, paid to South Dakota	$20
Our service, with a year of West Virginia agent for service of process service	$199
First-year total, South Dakota certificate included	$370

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

Your South Dakota name and West Virginia's rules

West Virginia accepts your South Dakota 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.. South Dakota's list ('limited liability company', 'limited company', or one of the abbreviations L.L.C., LLC, L.C. or LC (limited may be written Ltd. and company Co.)) is not the same, but an ending such as “limited liability company” works in both states. If another West Virginia company uses the South Dakota name, an alternate name is allowed. We check your exact South Dakota name against West Virginia's records before filing.

Agents: West Virginia and South Dakota

West Virginia calls it an agent for service of process; South Dakota says registered agent. Your current registered agent stays for South Dakota; ours takes West Virginia's papers and notices.

Yearly filings: West Virginia and South Dakota

Each year your LLC files South Dakota's Annual Report ($55) and West Virginia's Annual Report ($25). With our $149 agent for service of process renewal, South Dakota plus West Virginia comes to $229 a year. The new registration does not replace any home-state filing.

LLC or corporation, South Dakota to West Virginia

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

The other way: West Virginia into South Dakota

An LLC 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.

Questions South Dakota owners ask about West Virginia

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

Yes, once a South Dakota 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 $20 to South Dakota for the Certificate of Good Standing/Existence, $370 in all (checkout is $151 in state fees plus our $199).

Do I need South Dakota's certificate of good standing?

Yes: West Virginia wants it ($20), 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, once South Dakota's certificate is in hand. Paid expedite: next-day $25, same-day (in person) $25.

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

$229 a year: our $149 agent for service of process renewal, $55 to South Dakota and $25 to West Virginia for the yearly reports.

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. 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.; “limited liability company” works in both states.

Can I form a new West Virginia LLC instead?

Yes, but South Dakota keeps the original, so you run two companies: the new one files West Virginia's Annual Report ($26), 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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