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Incorporate in West Virginia - State Requirements

You will make wise use of your time by first determining if your future company will be better off incorporating in a different state, other than your home state, before you settle on plans to incorporate in West Virginia. There are no laws that require you to incorporate your business in the state where its headquarters is located.

Authorities are in agreement that Delaware is the state that provides the most progressive, supportive and inexpensive system for the formation of business entities. In fact, 50% of all Fortune 500 companies, or more, incorporate in Delaware. For companies of that size and complexity, the tax benefits, anonymity and streamlined corporate bylaws of the state of Delaware are important business factors.

It is prudent to explore if incorporating in Delaware would have a significant impact on the operations of your company, before you make a final decision on the state where you will register your business entity. We recommend that you review the "Incorporate in Delaware" article on this site. Then, either continue with your review of this article, and other steps to incorporate in West Virginia, or begin reading about the simple procedures that allow you to initiate an incorporation in Delaware.

Name Search, Selection and Registration Requirements for West Virginia

A name search is required for registration of a company name. Contingent on the name search, any proposed name for a new corporation that is a duplicate of the name for an existing corporation will be denied registration, unless written consent is obtained from a company that is already using the name, or if a court order is obtained that approves the use of the name. In addition, any proposed name for a new corporation that can be construed as or mistaken for an existing domestic or foreign corporation will be denied registration, unless written consent is obtained from a company that is already using the name, or if a court order is obtained that approves the use of the name.

Names may not contain wording that implies that the corporation is organized to do business in a manner other than what is stated within the official filing of registration. Only companies where one or more of the incorporators is a certified engineer, and the business of the company is engineering, can the words "engineer" or "engineering" be used in the incorporated company name.

The word "Incorporated," "Corporation," "Company," "Limited," or an abbreviated version of any of these signifiers must be included as part of the incorporated business name.

West Virginia Incorporation, Board and Operations Requirements

  • The Board must have a minimum of one director.
  • There is no place-of-residence requirement.
  • There is no age requirement for directors.
  • Articles of incorporation do require names of directors to be listed.
  • Articles of incorporation do not require names of corporate officers to be listed.
  • The stock transfer ledger used to record all stock-related transactions must be kept available at the corporate headquarters.
  • The S Corporation is a recognized entity. It is subject to the business franchise tax and must file an informational return.
  • Initial filing fees may be revised if shares or par value increases.

  • If you want to learn more about the procedures that must be followed to incorporate in West Virginia, you can read detailed articles on this site that explain how to select a business entity, as well as articles that outline the step-by-step process of incorporation.


    Want more information about registering a company? Visit our Guide. Check out incorporation fees by each state.

    Tip: Did you know that Delaware and Nevada are top two incorporation states?

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