The short answer is no.  The state of West Virginia does not legally require a lawyer to form a West Virginia Corporation.

Our detailed Incorporation Information page may help you understand some of the implications of forming a West Virginia Corporation.  However, if there is anything about Incorporating in West Virginia that you're not sure about you should seek the advice of a competent West Virginia lawyer, a West Virginia accountant, or both before you Incorporate in West Virginia. 

Once you have made the decision to Incorporate in West Virginia, a West 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 West Virginia Corporation.

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

Whether or not you need to reserve a company name for your new West Virginia Corporation depends entirely on your business situation.  The West Virginia Secretary of State 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 West Virginia Company Name.

If the Name you have chosen for your new West Virginia Corporation is already in use by a currently active West Virginia Corporation or LLC, and you still want to use that Corporation Name, then you will have to register a DBA Name with the West Virginia Secretary of State.  "DBA" is an abbreviation for "Doing Business As." We verify that the Name you have chose for your new West Virginia Corporation is available before we submit your Incorporation filing to the West Virginia Secretary of State.  If necessary we can register a DBA Name in West Virginia for you so that you can open your new West Virginia business as quickly as possible.

1. Choose a name for your West Virginia Corporation
   
   Your West Virginia Corporation 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 West Virginia Corporation name that you choose must be distinguishable from the name of any other registered West Virginia Corporation or other business entity and the name must also be different from any reserved names on record with the state of West Virginia.  Your West Virginia Corporation name must not imply that it was formed for a purpose other than that stated in your Articles of Incorporation; and your West Virginia Corporation name must not be a name that is likely to mislead the public.
   
   The name of a West Virginia Corporation must include the word "Corporation" or "Incorporated" or an abbreviation of one of these words.
   
   It's important to choose a good name for your West Virginia Corporation because if you want to change it after you incorporate you will have to file amended Articles of Incorporation with the West Virginia Secretary of State (and pay a fee). We will:
   • Check to make sure that your West Virginia Corporation name is available
   • Make sure your West Virginia Corporation name conforms to state of West Virginia regulations
   • Reserve your West Virginia Corporation name with the West Virginia Secretary of State
2. Select an official address and a Registered Agent for your West Virginia Corporation
   
   Every West Virginia Corporation must have an address that is physically located in the state of West Virginia.  This address is "registered" with the West Virginia Secretary of State.  The Registered Address is where official and legal correspondence can be delivered.
   
   The individual or company that is registered with the state of West Virginia to receive all correspondence on behalf of the West Virginia Corporation is called a "Registered Agent".  You may act as your own Registered Agent, however, many West Virginia Corporations hire a Registered Agent because they don't have a physical address within the state of West Virginia or to provide a distinct level of privacy.
   We can act as the official Registered Agent for your West Virginia Corporation.
3. Choose a Board of Directors for your West Virginia Corporation
   
   All West Virginia Corporations are required to have a Board of Directors.  Directors are the people who will set policies for your West Virginia Corporation and manage the business and its resources.  In the majority of small corporations directors are the owners. The Articles of Incorporation or Corporate Bylaws may define specific qualifications for Directors. 
   
   The Board of Directors is responsible for creating rules, approving budgets and distributing profits to shareholders. One of the most important duties of the Board of Directors is electing Officers for your West Virginia Corporation.  The same person may be a Director and an Officer at the same time.  Directors need not be residents of the state of West Virginia or shareholders of the West Virginia Corporation unless the Articles of Incorporation or Bylaws require it.
   
   Normally Directors for your West Virginia Corporation are elected for a term of one year.  Elections are held at the annual meeting of Shareholders.  The Directors serve until the next annual Shareholders meeting.
   
   
4. Decide who will be Officers for your West Virginia Corporation
   
   The Board of Directors elects Officers for your West Virginia Corporation in accordance with the Corporate Bylaws and Articles of Incorporation.  Officers serve at the pleasure of the Board of Directors of the West Virginia Corporation.  Officers handle the day to day operation of the West Virginia Corporation.
   
   Unless specifically prohibited by the Corporate Bylaws or Articles of Incorporation, in a West Virginia Corporation the same person may hold more than one Corporate Office at the same time.  However, there are certain legal affairs in which the same person cannot act in more than one capacity.
   
   One Officer - usually the Secretary - is given responsibility for preparing Minutes of Directors and Shareholders meetings and for authenticating records for the West Virginia Corporation. 
   
   
5. Determine how you want your West Virginia Corporation to be taxed
   
   The West Virginia Corporate Income Tax Rate is 8.5%.   You may form an S Corporation in West Virginia.  S Corporations may "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable personal rate.  S Corporations do not pay any West Virginia Corporate Income Tax.
   If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your West Virginia Corporation and include it with your Incorporation documents.
   
   Click here for more West Virginia Corporate Tax Information
6. File Articles of Incorporation with the West Virginia Secretary of State
   
   In order to form a Corporation in West Virginia you must file Articles of Incorporation with the West Virginia Secretary of State.  The Articles of Incorporation must include certain specific information about your West Virginia business. If the Articles do not conform exactly to state of West Virginia requirements they will be rejected.  You may subsequently amend the Articles of Incorporation for your West Virginia Corporation but you will have to pay a fee to the state of West Virginia in order to make the changes official.
   
   
7. Get a Federal Employer Identification Number (FEIN)
   
   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 West Virginia Corporation.  All West Virginia Corporations are required to have an FEIN.
   We can obtain an FEIN for your West Virginia Corporation.
8. Issue Stock Certificates to the Initial Shareholders
   
   Corporate stock is evidence of ownership of a West Virginia Corporation.  When you form your West Virginia Corporation, you will need to determine what type of stock and the number of shares of each type that you want to authorize.  You do not have to sell the number of shares that are authorized.  Many small West Virginia Corporations hold 100% of the shares.
   
   Stockholders in a West Virginia Corporation are entitled to voting rights or dividends of the Corporate profits or both.  Whoever owns over 50% of the stock of the West Virginia Corporation is able to make all Corporate business decisions.  West Virginia Corporations usually hold at least 51% of the corporate stock in order to retain control of the West Virginia Corporation.
   

1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
   
   The Board of Directors holds an initial meeting to elect Officers, authorize issuance of stock and adopt the Corporate Bylaws.  Bylaws are the internal rules of your West Virginia Corporation.  They are adopted by the Board of Directors and vary widely from Corporation to Corporation.  Commonly bylaws include the number of seats on the board of directors; how Directors are elected; how meetings of Directors and Shareholders are to be conducted; what Officers the West Virginia Corporation will have and a description of each of their duties. 
   
   As your company grows over time, you may amend your bylaws as necessary.  Bylaws generally cannot be amended by the Board of Directors unilaterally.  A vote by the majority of Stockholders of the West Virginia Corporation is usually required to amend the Corporate Bylaws.  Bylaws may include any rules for managing the business and conducting corporate affairs.  Almost anything may be written into the Bylaws, however, the Bylaws must not be in violation of any federal or West Virginia law or the West Virginia Corporation's Articles of Incorporation.  A copy of the Corporate Bylaws should be maintained at the Corporation's principal West Virginia office.
   
   
2. Open a Business Bank Account in West Virginia
   
   It's very important that you have a separate business bank account for your West Virginia Corporation.  Mixing personal and business funds can 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.  Specific requirements vary from bank to bank.
   
   
3. Obtain Business Licenses from the cities and counties in which you plan to do business
   
   Note that forming a West Virginia Corporation doesn't take the place of obtaining a business license, tax registration certificate, or other required business permits.  A West Virginia Corporation merely creates an ownership structure that limits the owners' 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 West Virginia Corporation you may need to get one or more city business licenses or permits.  The business licenses or permits that are required for your West Virginia Corporation vary depending on your business activities and the specific locations within the state of West Virginia in which you want to conduct business.
   
   If your West Virginia Corporation will be selling products in West Virginia you may be required to obtain a Reseller's Permit from the appropriate West Virginia state agency.  If your West Virginia Corporation will be selling products in West Virginia you will also be responsible for all applicable local and state of West 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 West Virginia Incorporation package.
   
   
4. Hold Meetings of Shareholders and Directors of each year
   
   Every West Virginia Corporation must hold corporate and shareholder meetings, at least annually, and must keep minutes of each meeting on file.  A copy of the minutes is evidence that the meetings took place and includes all resolutions that were adopted.  The minutes of each meetings must be open for inspection by any Shareholder or Director.  This meeting requirement is often overlooked and comes into play when the West Virginia Corporation is challenged for any reason.  Keeping proper meeting minutes and documenting resolutions made and approved by the Directors is a formality that could save your West Virginia Corporation a lot of potential trouble.
   
   We can transcribe the minutes of any meeting of your West Virginia Corporation into a form that complies with all state of West Virginia requirements.
   
   
5. File the required West Virginia Professional Corporation reports
   
   The West Virginia Secretary of State does not have any Initial Annual Report requirements for a new WV Corporation.
   
   The first West Virginia Corporation Annual Report is due at the West Virginia Secretary of State by June 30 the year after the West Virginia Corporation was initially approved by the WV Secretary of State.
   
   Every West Virginia Corporation is required to file an Annual Report with the West Virginia Secretary of State EACH year.
   
   The West Virginia Corporation Annual Report is due at the WV Secretary of State by June 30 EACH year.
   
   If a West Virginia Corporation does not file its Corporation Annual Report with the West Virginia Secretary of State by the due date then that WV Corporation is subject to a late filing fee imposed by the West Virginia Secretary of State and may be eventually administratively dissolved by the WV Secretary of State.
   
   
   We can fill out and file any Annual Report with the West Virginia Secretary of State after your West Virginia Professional Corporation gets going.
   
   
   
6. Keep proper records of your West Virginia Corporation on file
   
   Keep the following records on file and available at the principal business office of your West Virginia Corporation:
   • Names and addresses of all Directors and Officers of the West Virginia Corporation
   • Articles of Incorporation for the West Virginia Corporation and any Amendments to them
   • Corporate Bylaws for the West Virginia Corporation and any Amendments to them
   • List of current shareholders of the West Virginia Corporation.  If shareholders change, keep a record of old shareholders and how stock was transferred.
   • Minutes of all Meetings of Shareholders and Directors
   • Copies of any Corporate Resolutions which have been adopted by the West Virginia Corporation
   • Copies of all tax returns and Annual Reports for the West Virginia Corporation for the last 3 years

In order to Incorporate in West Virginia you'll need the following information about your new Company:

• The name of your new West Virginia Corporation along with your second choice of a name in case the name that you want is not available
  
• Physical address of the Corporation office in West Virginia (not a PO Box)
  
• The email address of the West Virginia Corporation
• Name and address of your West Virginia Registered Agent (not a PO Box)
  
• A description of the nature of the business you are planning to operate with the West Virginia Corporation
• Names and addresses of the initial Directors of the West Virginia Corporation
• The number of shares of stock that the West Virginia Corporation will be authorized to issue
• The par value of the shares which the West Virginia Corporation will be authorized to issue
• The initial capitalization of the West Virginia Corporation

Remember - ALL the information that you provide when you Incorporate in West 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 new Corporation in West Virginia.

Processing times for new West Virginia Corporation applications vary depending on the work load of the Secretary of State's staff.  We've found that normal processing of new West Virginia Articles of Incorporation takes the state around 2-3 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 West Virginia LLC.

We are dependent on, and have no control over, the staff and systems of the West Virginia Secretary of State.

In our experience 2-3 business days is the time it usually takes the West Virginia Secretary of State to process a new West Virginia Corporation application. We get your West Virginia Corporation application to the WV Secretary of State ASAP. Once it is at the state we have no control over the new West Virginia Corporation application process.

The West Virginia Secretary of State does not offer any expedited processing options for a new WV Corporation filing.

The state of West Virginia charges $65.00 to Incorporate in WV.  This is the cost of filing and getting a Certified Copy of your Articles of Incorporation from the WV Secretary of State.  If you choose All Business Documents to help you Incorporate in West Virginia our processing fees are $125.00.  We start processing your new West Virginia Corporation order as soon as we get it.

Total cost includes:

• WV Name Check and Reservation
• Prepare Articles of Incorporation
• File Articles of Incorporation with the West Virginia Secretary of State
• Certified Copies of Articles
• West Virginia Corporation Checklist
• Priority Mail Delivery
• Unlimited Customer Support

Generally, if you are required to obtain some kind of license before you can market your skills in the state of West Virginia then you will most likely need to form a West Virginia Professional Corporation.

Attorneys, architects, engineers, public accountants, nurses and physicians, among others, may require registration as a Professional Corporation with the West Virginia Secretary of State.

Depending on exactly what it is that you want to do in West Virginia, approval from a specific West Virginia state agency or board may be required before the WV Secretary of State will approve a new West Virginia Professional Corporation filing.  This could add to the total processing time for a new West Virginia Corporation.

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

The process of West Virginia Corporation Foreign Qualification is similar to the process of forming a Domestic Corporation in the state of West Virginia.  Your original formation documents (usually called Articles of Incorporation) and Corporate Bylaws apply to your West Virginia Foreign Corporation.  The Board of Directors and Officers of your Domestic Corporation have the same roles in the West Virginia Foreign Corporation.