The short answer is no.  The state of Virginia does not legally require a lawyer to form a Virginia Limited Liability Company (LLC).

Our detailed LLC Information page may help you understand some of the implications of forming a Virginia LLC.  However, if there is anything about Forming a LLC in Virginia that you're not sure about you should seek the advice of a competent Virginia lawyer, a Virginia accountant, or a Virginia Business advisor before you form a LLC in Virginia. 

Once you have made the decision to Form a LLC in Virginia, a Virginia lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services and save money that you can use in your new

You are not legally required to reserve a Company Name for a new Virginia LLC before you submit your application to Form a LLC in Virginia.

Whether or not you need to reserve a company name for your new Virginia LLC depends entirely on your business situation.  The Virginia State Corporation Commission uses names on a first come first served basis.  So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Virginia Company Name.

If the Name you have chosen for your new Virginia LLC is already in use by a currently active Virginia Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the county recorder in each Virginia county in which you want to do business. "DBA" is an abbreviation for "Doing Business As."

We verify that the Name you have chose for your new Virginia LLC is available before we submit your new LLC filing to the Virginia State Corporation Commission.  If necessary we can register a DBA Name in Virginia for you so that you can open your new Virginia business as quickly as possible.

1. Choose a name for your Virginia LLC
   
   Your Virginia LLC name can identify the type of products and services your business will provide; or it may be the name of the founder; or it can be a combination of the two or something else.
   
   In any case, the Virginia LLC name that you choose must be distinguishable from the name of any other registered Virginia LLC or other registered Virginia business entity, such as a Virginia Corporation or LLP.  The LLC name must also be different from any reserved names on record with the state of Virginia.  Your Virginia LLC name must not imply that it was formed for a purpose other than that stated in your Articles of Organization; and your Virginia LLC name must not be a name that is likely to mislead the public.
   
   The name of a Virginia LLC must include the word "LLC" or "Limited Liability Company" or an abbreviation of one of these words.
   
   It's important to choose a good name for your Virginia LLC because if you want to change it after you Form a LLC in Virginia you will have to file amended Articles of Organization with the Virginia State Corporation Commission (and pay a fee). We will:
   • Check to make sure that your Virginia LLC name is available
   • Make sure your Virginia LLC name conforms to state of Virginia regulations
   • Reserve your Virginia LLC name with the Virginia State Corporation Commission
2. Select an official address and a Registered Agent for your Virginia LLC
   
   Every Virginia LLC must have an address that is physically located in the state of Virginia.  This address is "registered" with the Virginia State Corporation Commission.  The Registered Address is where official and legal correspondence can be delivered.
   
   The individual or company that is registered with the state of Virginia to receive all correspondence on behalf of the Virginia LLC is called a "Registered Agent" or "Agent for Service of Process".  You may act as your own Registered Agent, however, many Virginia LLCs hire a Registered Agent because they don't have a physical address within the state of Virginia or to provide a distinct level of privacy.
   
   We can act as the official Registered Agent for your Virginia LLC.
3. Determine who will be Members and who will Manage your Virginia LLC
   
   The owners of a Virginia LLC are called Members - not Partners or Shareholders.  (a Virginia Limited Liability Company does not issue stock).  Members make all business decisions and realize the financial benefits generated by the Virginia LLC.  Division of ownership and distribution of profits are decided by private agreement among the Members.  Each Virginia LLC must have at least one Member.  Members need not live in the state of Virginia or be citizens of the United States.
   
   Managers are responsible for the day to day operation of the Virginia LLC.  Members elect or appoint Managers and have the power to remove them.  Managers may or may not be Members of the Virginia LLC.  Management for your Virginia LLC may be defined in your Articles of Organization or, more commonly, in an Operating Agreement.
4. Determine how you want your Virginia LLC to be taxed
   
   The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.  Virginia LLC Members can elect for the IRS to tax the LLC as a sole proprietorship, partnership, C Corporation, or S Corporation.  This decision may be made after the Virginia LLC is created.  If a single Member Virginia LLC does not declare a tax classification it is taxed the same as a sole proprietorship.  A multiple Member Virginia LLC that does not declare a tax classification is taxed as a general partnership.  More specific federal LLC tax information can be found at the IRS web site.
   
   If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Virginia LLC and include it with your LLC formation documents.
5. File Articles of Organization with the Virginia State Corporation Commission
   
   A Virginia Limited Liability Company is a type of business that is authorized by the state of Virginia - not by the federal government.  In order to form a LLC in Virginia you must file Articles of Organization with the Virginia State Corporation Commission. The Articles of Organization must include certain specific information about your Virginia LLC.  If the Articles do not conform exactly to state of Virginia requirements they will be rejected.  You may subsequently amend the Articles of Organization for your Virginia LLC but you will have to pay a fee to the state of Virginia in order to make the changes official.
   
   We can prepare and file your Articles of Organization with the Virginia State Corporation Commission.  We've been doing it for over 10 years.
6. Get a Federal Employer Identification Number (FEIN) for your Virginia LLC
   
   A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a business entity.  An FEIN is like a Social Security Number for your Virginia LLC.  All Virginia LLCs electing to be taxed as a C-Corporation or S-Corporation are required to have a FEIN.
   
   If you do not elect to have your Virginia LLC taxed as a Corporation you may still need to get a FEIN if it is composed of multiple members or if you plan to have employees.
   
   If you plan to form a Single Member Virginia LLC you may not need a separate FEIN for the LLC if you have no employees.  The sole Member of a Single Member Virginia LLC may be able to use his or her Social Security Number instead of applying for an FEIN.  You may request a FEIN for your Virginia LLC for banking or state tax purposes, but an FEIN may not be required for federal tax purposes depending on your business circumstances.
   
   We can get a FEIN for your Virginia LLC as soon as it is approved by the Virginia State Corporation Commission.

1. Conduct an Organizational Meeting and adopt an Operating Agreement
   
   An Operating Agreement defines the rules by which your Virginia LLC will operate.  It is the core document that is referred to when issues concerning your LLC need to be resolved.  Operating Agreements may include requirements for almost anything that involves the management and operation of your Virginia LLC.  By having an Operating Agreement all Members will be provided with a clear set of rules they have agreed upon thus reducing the likelihood of disagreement in the future.
   
   Items commonly included in an Operating Agreement for a Virginia LLC:
   
   
   • Rights and duties of Members
   • Member contributions
   • Record keeping and reporting requirements
   • Distribution of profits
   • Allocation of losses

   • Management duties
   • Meeting requirements
   • Voting requirements
   • Admission and termination of Members
   • Dissolution procedures
   
   Although an Operating Agreement is not required in the state of Virginia, if you plan to form a multiple Member Virginia LLC it is highly advisable to have one.  Having an Operating Agreement will save you a lot of time and money should conflict arise down the line.  As your Virginia LLC grows over time, you may amend your Operating Agreement as necessary.
   
   When your Virginia LLC has an Operating Agreement your business will be governed by your own rules and not some canned business rules created by the state of Virginia.
   
   
2. Open a Business Bank Account in Virginia
   
   It's very important that you have a separate business bank account for your Virginia LLC.  Mixing personal and business funds may get you in a lot of trouble with the tax man down the line.  It's a good idea to contact the bank before you open a business bank account for your Virginia Limited Liability Company.  Specific requirements vary from bank to bank. 
   
   In most cases you will need a FEIN, a copy of your Virginia LLC Articles of Organization, and a resolution identifying authorized signers if those names are not listed in the Articles.
   
   
3. Obtain Business Licenses from the cities and counties in which you plan to do business
   
   Note that forming a Virginia LLC doesn't take the place of obtaining a business license, tax registration certificate, or other required business permits.  A Virginia LLC merely creates an ownership structure that limits the owner's personal liability.  You may still need to take care of getting set up to do business with your local government.
   
   Depending on the nature of the business and the location of your Virginia LLC you may need to get one or more city business licenses or permits.  The business licenses or permits that are required for your Virginia LLC vary depending on your business activities and the specific locations within the state of Virginia in which you want to conduct business.
   
   If your Virginia LLC will be selling products in Virginia you may be required to obtain a Reseller's Permit from the appropriate Virginia state agency.  If your Virginia LLC will be selling products in Virginia you will also be responsible for all applicable local and state of Virginia sales taxes if there are any.
   
   We can research and prepare the necessary forms for your required business licenses and permits and include them in your Virginia LLC package.
4. File the required Virginia LLC reports
   
   Each Virginia LLC must file a with the Virginia State Corporation Commission.
   
   The Virginia includes basic information about your Virginia LLC.  Failure to submit a properly completed Virginia to the Virginia State Corporation Commission on or before the due date may subject the Virginia LLC to being administratively dissolved in the state of Virginia or having its authority to transact business in the state of Virginia revoked by the Virginia State Corporation Commission.  Penalties may accrue if you fail to file any Virginia LLC to the Virginia State Corporation Commission by the due date.
   
   
5. Keep proper records of your Virginia LLC on file
   
   Keep the following records on file and available at the principal business office of your Virginia LLC:
   • Names and addresses of all Members and Managers of the Virginia LLC
   • Articles of Organization for the Virginia LLC and any Amendments to them
   • Copies of all tax returns and reports for the Virginia LLC for the last 3 years
   • If the Virginia LLC has an Operating Agreement, a copy of the Operating Agreement and any Amendments
   • Copies of any LLC Resolutions which have been adopted by the Virginia LLC

In order to Form a LLC in Virginia you'll need the following information about your new Company:

• The name of your new Virginia LLC along with your second choice of a name in case the name that you want is not available
  
• Physical address of the LLC office in Virginia (not a PO Box)
  
• Name and address of your Virginia Registered Agent (not a PO Box)
  

You do not have to name the Members of a
Virginia LLC in the Articles of Organization.

While you are not required to name the Members of a new Virginia LLC you still may include Member information with your initial Virginia LLC filing.

Remember - ALL the information that you provide when you Form a LLC in Virginia becomes part of the public record.  Our data entry forms include the absolute minimum amount of information that is required in order to Form a Limited Liability Company in Virginia.

Processing times for new Virginia LLC applications vary depending on the work load of the State Corporation Commission's staff.  We've found that normal processing of new Virginia takes the state around 3-4 business days.  Add 2-3 days for the time period for shipping the final documents by mail.  Choosing our Express Mail option can shave a couple of days off the total processing time for your Virginia LLC. We are dependent on, and have no control over, the staff and systems of the Virginia State Corporation Commission.

In our experience 3-4 business days is the time it usually takes the Virginia State Corporation Commission to process a new Virginia LLC application. We get your Virginia LLC application to the VA State Corporation Commission ASAP. Once it is at the state we have no control over the new Virginia LLC application process.

The state of Virginia charges $105.00 to form a new LLC.  This is the cost of filing and getting a Certified Copy of your Articles of Organization from the VA State Corporation Commission.  If you choose All Business Documents to help you form your LLC in Virginia, our processing fees are $125.00.  We start processing your new Virginia LLC order as soon as we get it.

Total cost includes:

• Name Check and Reservation
• Prepare Articles of Organization
• File Articles of Organization with the Virginia State Corporation Commission
• Certified Copies of Articles
• Virginia LLC Checklist
• Priority Mail Delivery
• Unlimited Customer Support

You want to do business in the state of Virginia but are registered as a Domestic LLC in another state.  In order to legally conduct business in the state of Virginia you must register with the Virginia as a Virginia Foreign LLC.  The process of registering as a Foreign LLC in the state of Virginia is called Virginia LLC Foreign Qualification. 

The process of Virginia LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of Virginia.  Your original formation documents (usually called Articles of Organization) and LLC Operating Agreement apply to your Virginia Foreign LLC.  The Members and Managers of your Domestic LLC have the same roles in the Virginia Foreign LLC.