Register Your West Virginia Foreign Corporation
A West Virginia foreign corporation is a business incorporated in another state and is authorized to operate as a foreign entity in West Virginia. In order to legally do business in West Virginia, you’ll need to file an Application for Certificate of Authority to West Virginia’s Secretary of State and pay the $100 fee, plus a $1 processing fee if filing online.
We’ve put together all the steps you’ll need to register your business in West Virginia yourself. Not into the idea of handling the chores yourself? Hire us to handle the paperwork instead.
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GET STARTEDHow to Register as a Foreign Corporation in West Virginia
To register your foreign corporation in West Virginia, you’ll need to complete the process of foreign qualification. This process provides you with the authority to operate within West Virginia’s jurisdiction.
While similar to incorporating a new company in West Virginia, foreign qualification is registering to do business within the state. You are still operating as the same business, not starting a new one. This process is less work than incorporating your company in your home state, which is definitely cause for celebration.
Here’s how you can get started on your foreign registration into West Virginia.
1. Name Your West Virginia Corporation
To get started, you’ll need to decide on the name your corporation will go by in West Virginia. You can complete a free business name search, and even reserve your corporation name for only $15. If the name you operate under in your home state is taken, you will need to register a trade name to use in West Virginia.
If you’re interested in keeping your company’s name exclusive to you, you might want to consider securing a federal trademark.
2. Designate a Registered Agent
West Virginia requires every registered business structure operating in its state to designate a person or entity to act as a registered agent. This registered agent needs to be available during regular business hours to accept legal mail.
If you’re not sure where to start looking, our West Virginia registered agent service is comprehensive and reliable. We’ve also got champions in every other US state to keep your registered agent service simple everywhere your company conducts business.
3. Start your Business Identity
While you’re preparing to expand your business’s registrations, it’s a good idea to take a look at your online presence and ensure it’s ready to support your company’s growth. With Northwest, we’ve made establishing your business identity easier than ever.
If you’re just getting starting creating an online presence, we can set you up with a custom domain name, business website and professional email address all with no upfront cost.
If you’re looking to expand your digital footprint as a company, we can even provide a company phone number with a West Virginia area code to help you chat with the locals.
4. Get Certificate of Good Standing
West Virginia requires you include a certificate of good standing or existence from your business’s home state with your application. This certificate needs to be dated within the current tax year, and exists to let West Virginia know that you’ve been completing regular reports your home state requires, including paying any taxes.
The process for retrieving a certificate of existence varies by state, but can normally be completed online for a nominal fee. If you hire us to complete your foreign qualification, we can usually handle this part of the process for you.
5. Submit Application for Certificate of Authority
Once you’ve gathered all the required documents, it’s time to submit your Application for Certificate of Authority to West Virginia’s Secretary of State, along with a certificate of good standing from your home state. The fee for this filing is $100, but this is waived entirely for veteran owned companies, so make sure to include your DD214 with your filing if this is the case for your business.
What you’ll need to include:
- Entity name in home state
- Home state of incorporation
- Date of formation in home state
- Duration of company in home state
- NAIC number (if your business is an insurance company)
- Principal and mailing office location
- Name you’ll be operating under in West Virginia
- Physical and mailing address and county in West Virginia (if applicable)
- Name and address for your West Virginia registered agent
- Email address for registered agent
- Website for commercial registered agent (if applicable)
- Indication of any other businesses you operate in West Virginia
- Proposed business purpose
- Verification of Eligibility (VOE) if operating as a licensed professional
- Indication of any intent to operate as a Benefit Corporation
- Title, name, and address for every corporate officer and director
- Indication if corporation is veteran owned
- The amount of land owned or expected to own in West Virginia
- Contact information, title and signature for individual submitting filing
- Return address for the filing
You can save time by creating an account and filing online at West Virginia’s Secretary of State website.
If filing via mail, your completed Application for Certificate of Authority can be sent to any of the following business service centers:
Charleston Office
One-Stop Business Center
13 Kanawha Blvd. West
Suite 201
Charleston, WV 25302
Phone: (304) 558-8000
Fax: (304) 558-8381
Hours: Mon. – Fri. 8:30a – 5:00p EST
Clarksburg Office
North Central WV Business Center
153 West Main Street
Suite G- Third Floor
Clarksburg, WV 26301
Phone: (304) 367-2775
Fax: (304) 627-2243
Hours: Mon. -Fri. 9:00a – 5:00p EST
Martinsburg Office
Eastern Panhandle Business Center
229 E. Martin Street
Martinsburg, WV 25401
Phone: (304) 356-2654
Fax: (304) 260-4360
Hours: Mon. – Fri. 9:00a – 5:00p EST
Expedited service requests can be made via fax, in person, or by email once you’ve submitted your filing.
$25: 24-Hour
$250: 2-Hour
$500: 1-Hour (walk in delivery only)
West Virginia expedited service contact:
[email protected]
6. Receive your Certificate of Authority
Once your filing has been processed, you’ll receive a Certificate of Authority in the mail to let you know. You also have the option of receiving a filed stamped copy of your Application for Certificate of Authority, you’ll just need to send a duplicate (filled out) copy of said application when you mail it out.
7. File West Virginia Reports and Taxes
Once your company is registered with the state, you’re authorized to begin business in West Virginia!
Make sure to keep up with the regular filings West Virginia requires, like your annual reports, which are due on July 1st. The fee for this annual filing is $25 (plus a $1 fee for online filings), but a $25 fee is assessed for failure to submit this report on time.
West Virginia also levies a 6.5% tax on the net income of any non-exempt corporation, domestic or foreign, that engages in business in the state. You can read more about that at West Virginia’s Tax Division website.
Northwest Can Register Your West Virginia Foreign Corporation
If doing things on your own sounds overwhelming, boring, or generally like not a good use of your time, we’re ready to help. Our foreign qualification package is $225 + state fees. This includes:
- Registering your business as a West Virginia Foreign Corporation. We’ll file your paperwork and let you know when it’s approved.
- Serving as your business’ West Virginia Registered Agent. We can be your RA in as many states as you want to expand into.
- Launching your business identity. We’ll get you a digital presence, including a business email address, phone service, and mail forwarding. Plus, we’ll put together a custom website with a domain, web hosting, and security in place. These will all be free for 90 days. After that, most services are $9/month.
- Sending reminders for your West Virginia annual report. We can even file this for you. We’ll send you a reminder about the report 90 days before they’re due, and you can either have us file for you or opt out of the service.
West Virginia Foreign Corporation FAQs
Once a filing has been submitted to the state, it cannot be amended mid-process. However, any corporation authorized to transact business in the state must obtain an Application of Amended Certificate of Authority from the Secretary of State if it changes its corporate name, the period of its duration, or the state or country of its incorporation.
The state is kind enough to clearly define this for us.
Put simply, business activity comes down to the purposeful engagement in revenue-generating activity, either directly or indirectly. This includes the sale of personal property or the rendering of a service.
You can read more about this on the West Virginia’s Tax Division website as well as our resource on doing business in another state.
No.
West Virginia requires a signature from an authorized individual (an officer or director) on every foreign qualification filing.
If completing your filing via mail, you’ll need to file with the State Tax Department and Employment Security Office separately. Filing online will submit your document to all three departments at once.
Certain counties in West Virginia require publication or county filing along with Secretary of State registration. Make sure to adhere to these requirements if the county your registered agent resides in is one of such counties.
Most definitely. Our foreign qualification service is $225 + state fees and includes a year of our registered agent service. You’ll also receive a custom domain name registered for a year as well as a 90 day trial of the rest of our business identity services.