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Virginia LLC Formation Guide
Introduction:
Free Content
This is a totally free DIY guide to register a new LLC in Virginia, getting EIN and obtaining an Operating Agreement. Once you follow with all these steps you are set with opening a company. Good luck.
What is the Catch? Do I have to pay any service fee at the end?
No. Some free guides may lead you to a paid service but you don’t have to pay any fee (other than mandatory government fees), if you follow this free guide. It is prepared by NumberSquad to promote entrepreneurship in Virginia.
No promotion
We don’t promote any company for a fee. The links below are either government websites or commonly used commercial sites and we don’t get paid for doing that.
Discloser
This content is a general guide and it does not provide any legal or tax advice, contact your attorney or tax consultant if you need one.
* Download Operating Agreement Template by filling out the form below
Virginia LLC registration guide
Name your LLC:
Before you choose a name
- Make sure the name is available in Virginia. Name masts contain LLC or Limited Liability Company or L.L.C.
- Recommended: Consider if a suitable domain name available especially if your company will be an online company.
- Recommended: Check from Google or Yelp if there is another business with a similar name, especially in your area. There may be a company with a similar name but not exactly as yours. In this case, you may register your business name in Virginia but it can create a conflict later on.
- Recommended: Check with US Patent & Trademark Office if the name is trademarked as a brand by any other company. For example, the name may be registered in another state and trademarked by another company. You will be able to register the name in Virginia but once you start using that name most likely you will be contacted by that company’s legal team to stop using the name.
Register Your Company in Virginia
Sign up and create an online account at Clerk’s Information System of Virginia State Corporation Commission.
Once you have decided on the name, go to the Virginia State Corporation website and create a free account with the Clerk’s Information System (CIS), and Set-up your user ID and Password.
Log in to your account.
Click “Online Services” menu on the top second from the left.
Choose “New Businesses” under Business Entities
Select “Limited Liability Company” from the Business Entity Type drop-down menu Choose Articles of Organization
Then follow 9 steps below to complete your company registration.
Choose “Articles of Organization – Professional LLC”, only if you’re establishing an LLC to provide specific professional service.
Professional service companies are usually owned by licensed professionals such as pharmacists, optometrists, physical therapists and physical therapist assistants, practitioners of the healing arts, nurse practitioners, practitioners of the behavioral science professions, veterinarians, surgeons, dentists, architects, professional engineers, land surveyors, landscape architects, certified interior designers, public accountants, certified public accountants, attorneys at law, insurance consultants, audiologists or speech pathologists and clinical nurse specialists.
Choose “Articles of Organization” if your company will do general business other than professional service.
1. Entity Search: Type your LLC’s name in the box. Click “Check Availability” and then “Next” if the name is available.
If you reserved a name before, check “YES” (and enter reservation number and pin) otherwise keep “No”.
Write the name you have chosen in the Entity Name box. You need to write full name of the company including extension. E.g. XYZ LLC or XYZ, L.L.C.
2. Entity Information: Fill out the information and click “Next”
Duration: Choose perpetual if you want the company continue forever or until unforeseen period.
Most LLC are created as perpetual. You can always cancel (close / dissolve) the company whenever you want. If you don’t pay annual $50 fee you company will be inactive.
3. Registered Agent: Chose an Individual (resident of VA) RA or Entity (an existing VA Company) RA.
Registered Agent is the responsible contact for the company within the State. If you are resident of Virginia, you can add yourself (or one of the other members (partners) of the LLC) as an Individual Resident Agent. You can create Individual RA or you can search for your name if you ever have been a resident agent for another company.
If the RA is owner or one of the owners of the company choose “Member or Manager of the Limited Liability Company “from drop down menu and click on “Individual is resident of Virginia” box.
You can also choose another existing company to be your resident agent. There are also some companies which allow you to choose their name for annual fee. They will receive any correspondence from the state on behalf of you and forward it to the company address. If the company owners are foreigners and not resident of Virginia, they usually choose a Resident Agent Company and pay around $100 fee.
4. Principal Office Address: Type your LLC’s address.
If your LLC’s does not have a commercial (office, or store) address yet, you can use your home address.
5. Principal Information: Choose either Manager Managed or Member Managed.
A Member-Managed LLC is that all members (partners) take part in the management and operation of the business where as a Manager-Managed LLC appoints decision-making power to a manager or managers who may or may not be members of the LLC. Manager-Managed LLC is suitable choice if all the partners are not actively involved in the business.
6. Supporting Documentation: Click next if you don’t have any additional information to attach to the article of the organization.
The SCC will not accept documents such as: meeting minutes, bylaws, etc. or documents that contain personally identifiable information (PII) such as social security number or birth date.
7. Signatures: Sign by typing your full name.
By typing name, you acknowledge the information is correct and complete.
8. Review: Make sure all the information is correct.
Double check all the names and contact information
9. Done: Pay and submit the registration to receive Article of Organization, Certificate of the LLC in your email.
Check your email. You should have received the receive Article of Organization, Certificate of the LLC in your email.
There is $100 fee for the registration and you have to pay $50 every year at the anniversary of the LLC to keep the company active
Get a Tax ID or EIN (Employer Identification Number) for your company.
Choose “Apply Online Now” box
Draft your Operating Agreement
Download your Free Operating Agreement Template
