Foreign registration · no form number

West Virginia LLC Foreign Registration in South Dakota

To do business in South Dakota, an LLC formed in West Virginia registers there on 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.

What West Virginia and South Dakota each ask for

	West Virginia formed here	South Dakota registering here
Document	West Virginia Certificate of Existence	Application for Certificate of Authority (Foreign LLC) (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
Name endings	limited liability company, limited company, L.L.C., LLC, L.C. or LC, with limited abbreviated Ltd. and company abbreviated Co.	'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.)
Yearly filing	Annual Report, $26, every year	Annual Report, $55, every year
Due	July 1 each year	During the entity's 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

How West Virginia companies register with South Dakota

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. The West Virginia certificate takes days to arrive, so the South Dakota filing waits for it. After approval, your West Virginia LLC is registered with South Dakota.

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

South Dakota accepts your West Virginia name if it includes '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.). 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. If South Dakota's records show it taken, you can use an alternate name for the West Virginia company. South Dakota can hold a name for $25 before you file.

Your South Dakota agent and the West Virginia one

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.

Staying in good standing in West Virginia and South Dakota

Each year your LLC files West Virginia's Annual Report ($26) and South Dakota's Annual Report ($55). With our $149 registered agent renewal, West Virginia plus South Dakota comes to $230 a year. Both states' filings stay current side by side.

LLC or corporation, West Virginia to South Dakota

A corporation 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 ($25) and South Dakota's Annual Report. See the corporation filing.

Registering a South Dakota company in West Virginia

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

Common questions: West Virginia to 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 10 activities that do not count on their own.

How much does it cost to register a West Virginia LLC in South Dakota?

$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?

$230 a year: our $149 registered agent renewal, $26 to West Virginia and $55 to South Dakota for the yearly reports.

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. South Dakota names must include '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” works in both states.

Can I form a new South Dakota LLC instead?

Yes, but West Virginia keeps the original, so you run two companies: the new one files South Dakota's Annual Report ($55), and the original keeps West Virginia's Annual Report.

How do I withdraw from South Dakota later?

West Virginia companies leave by filing a Notice of Cancellation of Certificate of Authority, Foreign Limited Liability Company; until then, South Dakota's report stays due alongside West Virginia's filings.

Official sources

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