Incorporating in West Virginia

For complete and current information concerning West Virginia corporations you should go to the West Virginia Secretary of State web site. The following is not an attempt to present all you need to know when forming a corporation in West Virginia  but rather to call your attention to just some of the basic information and requirements you may want to know as you submit information to form your corporation.

The information herein is cited from the West Virginia Secretary of State web site and West Virginia statutes. While we make every effort to ensure its accuracy, MaxFilings cannot and does not guarantee that all of the information is accurate or complete and/or current and it should therefore be independently verified.

West Virginia corporation name:

A West Virginia corporation’s name must contain the word "corporation", "incorporated", "company" or "limited", or an abbreviation thereof, or words or abbreviations of like import in another language. The name cannot contain language stating or implying that the corporation is organized for a purpose other than that permitted by law and its articles of incorporation. Except as may be authorized by the secretary of state, a corporate name must be distinguishable upon the records of the West Virginia Secretary of State from other business entities’ names registered or reserved by the state.

West Virginia corporation board of directors:

A West Virginia corporation’s board of directors must consist of one or more individuals, with the number specified in, or fixed in accordance with, the articles of incorporation or bylaws.
The articles of incorporation or bylaws may establish qualifications for directors who need not be residents of West Virginia or shareholders of the corporation unless the articles of incorporation or bylaws so require.

West Virginia corporation officers:

A West Virginia corporation shall have the offices described in its bylaws or designated by the board of directors in accordance with the bylaws. If authorized by the bylaws or the board of directors, a duly appointed officer may appoint one or more officers or assistant officers. Each officer shall have the authority and perform the duties prescribed in the bylaws or, to the extent consistent with the bylaws, the duties prescribed by the board of directors or by an officer authorized by the board of directors to prescribe the duties of other officers. The bylaws or board of directors shall delegate to one of the officers responsibility for preparing minutes of the meetings of directors and shareholders and for authenticating the corporation’s records. The same individual may simultaneously hold more than one office.

West Virginia corporation shareholders’ and directors’ meetings:

Annual shareholders’ meetings must be held at a time stated in, or fixed in accordance with, the bylaws. They may be held in or out of West Virginia at the place stated in, or fixed in accordance with, the bylaws. If no place is so designated, annual shareholders’ meetings shall be held at the principal office of the corporation.

Special shareholders’ meetings shall be held on call of the board of directors or the person(s) authorized by the articles of incorporation or bylaws; or if the holders of at least ten percent of the votes entitled to be cast on an issue proposed to be considered at the proposed special meeting sign, date and deliver to the corporation one or more written demands for the meeting describing the purpose(s) for which it is to be held; provided, however, that the corporation’s articles of incorporation may fix a lower percentage or a higher percentage, not exceeding twenty-five percent, of the votes entitled to be cast on any issue proposed to be considered.

Regular or special board of directors’ meetings may e held in or out of this West Virginia.

West Virginia taxes:

Visit the West Virginia State Tax Department web site.

West Virginia Registered Agent:

West Virginia corporations are required to have a registered agent in West Virginia. By having MaxFilings provide you with a professional registered agent, you can be assured that all legal documents, tax documents, annual reports, and correspondence with the state and regulatory agencies will be handled promptly, professionally, and efficiently.

Start forming your corporation now:
If you’re ready to form a West Virginia corporation with MaxFilings, you can start entering your information now. You’re under no obligation, and there is no charge until you actually place your order.

Incorporate in West Virginia