Foreign registration · no form number

West Virginia LLC Foreign Registration in North Dakota

To do business in North Dakota, an LLC formed in West Virginia registers there on an online registration (no form number), with $135 in state fees. North Dakota also wants West Virginia's Certificate of Existence ($10). We file it with the Secretary of State using your West Virginia records and act as your registered agent there for the first year.

West Virginia vs North Dakota: the paperwork

	West Virginia formed here	North Dakota registering here
Document	West Virginia Certificate of Existence	Foreign Business Limited Liability Company Certificate of Authority Application (no form number)
State fee	$10	$135 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 North Dakota
Office	West Virginia Secretary of State, Business & Licensing Division	North Dakota Secretary of State
Official page	sos.wv.gov	sos.nd.gov
Age rule	Dated when issued	Must be current
Name endings	limited liability company, limited company, L.L.C., LLC, L.C. or LC, with limited abbreviated Ltd. and company abbreviated Co.	the words limited liability company, or LLC or L.L.C.
Yearly filing	Annual Report, $26, every year	Annual Report, $50, every year
Due	July 1 each year	November 15
Late yearly filing	$50 late fee	$50 late fee
Agent	Your West Virginia agent for service of process	Our North Dakota registered agent

From West Virginia to North 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 North Dakota order. North 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 North Dakota registered agent, with your West Virginia name and formation date and the certificate attached. The West Virginia certificate takes days to arrive, so the North Dakota filing waits for it. After approval, your West Virginia LLC is registered with North Dakota.

North Dakota costs for West Virginia companies

Item	Amount
State fees, paid at order	$135
Certificate of Existence, paid to West Virginia	$10
Our service, with a year of North Dakota registered agent service	$199
First-year total, West Virginia certificate included	$344

Will your West Virginia name work for North Dakota?

North Dakota accepts your West Virginia name if it includes the words limited liability company, or LLC or L.L.C.. West Virginia's list (limited liability company, limited company, L.L.C., LLC, L.C. or LC, with limited abbreviated Ltd. and company abbreviated Co.) is not the same, but an ending such as “limited liability company” works in both states. We check your exact West Virginia name against North Dakota's records before filing.

Agents: North Dakota and West Virginia

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

Staying in good standing in West Virginia and North Dakota

Each year your LLC files West Virginia's Annual Report ($26) and North Dakota's Annual Report ($50). With our $149 registered agent renewal, West Virginia plus North Dakota comes to $225 a year. Both states' filings stay current side by side.

LLC or corporation, West Virginia to North Dakota

A corporation formed in West Virginia files its own registration with North Dakota ($145 in state fees). After that come West Virginia's Annual Report ($25) and North Dakota's Annual Report ($25). See the corporation filing.

The other way: North Dakota into West Virginia

An LLC formed in North Dakota that registers with West Virginia files Form LLF-1 with $151 in state fees, plus the Certificate of Good Standing ($20). See that filing.

Questions West Virginia owners ask about North Dakota

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

Yes, once a West Virginia business operates there; North Dakota does not count a one-off deal finished within 30 days.

How much does the North Dakota registration cost?

$334 at checkout plus $10 to West Virginia for the Certificate of Existence, $344 in all (checkout is $135 in state fees plus our $199).

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

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

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

$225 a year: our $149 registered agent renewal, $26 to West Virginia and $50 to North Dakota for the yearly reports.

What if I don't register with North Dakota?

North Dakota can charge a West Virginia company a civil penalty of up to $5,000.

Does North Dakota require a registered agent?

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

Will North Dakota accept my West Virginia name?

Yes, if no company there already uses it and it includes the words limited liability company, or LLC or L.L.C.; “limited liability company” works in both states.

Can I form a new North Dakota LLC instead?

Yes, but West Virginia keeps the original, so you run two companies: the new one files North Dakota's Annual Report ($50), and the original keeps West Virginia's Annual Report.

How do I withdraw from North Dakota later?

West Virginia companies leave by filing an Application for withdrawal of a foreign limited liability company; until then, North Dakota's report stays due alongside West Virginia's filings.

Official sources

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