West Virginia Resident Agent Service

Why West Virginia requires a resident agent

A West Virginia corporation's resident agent can be an individual who lives in the state, a nonprofit corporation or corporation that is domestic, or an authorized foreign one of either kind, and the agent's business office must match the registered office (W. Va. Code § 31D-5-501). An LLC's agent must be another LLC, an authorized foreign company or corporation, a domestic corporation, or an individual state resident (§ 31B-1-108(b)). Neither statute says shall: each says the entity may keep an agent continuously, and the Secretary of State is the statutory attorney-in-fact regardless. W. Va. Code § 31D-5-501; § 31B-1-108(a)-(b)

What happens if you lapse

• The Secretary of State may dissolve a corporation administratively for failing to report within 60 days a change of resident agent or registered office, an agent's resignation, or a discontinued office, once written notice has gone out and 60 days to cure under § 31D-14-1421 have passed. W. Va. Code § 31D-14-1420(a)(2)
• West Virginia can revoke the certificate of authority held by a foreign corporation that has let 60 days pass without reporting to the Secretary of State a change of agent or office, an agent's resignation, or a discontinued office. W. Va. Code § 31D-15-1530(2)
• A foreign LLC that does not file a statement of change in its agent's name or business address may have its certificate of authority revoked on at least 60 days notice. W. Va. Code § 31B-10-1006(a)(1)(iii)
• A foreign corporation doing business with no certificate of authority (the application for one must list any registered office and agent, § 31D-15-1503(a)(5)) is barred from maintaining a proceeding in a West Virginia circuit court, and the foreign LLC parallel is § 31B-10-1008(a). W. Va. Code § 31D-15-1502(a)
• Reinstatement after administrative dissolution is possible only within two years, and you must include with the application a certificate from the Tax Commissioner showing all taxes owed are paid; § 31B-8-811 is the LLC parallel. W. Va. Code § 31D-14-1422(a)

Switching to us

We prepare and file the change of resident agent for you. West Virginia charges $15 for an LLC WV SOS Fee Schedule and $15 for a corporation WV SOS Fee Schedule.

Official West Virginia links

• West Virginia Secretary of State - (304) 558-8000
• Business entity search
• Statutes
• Forms
• Annual report filing

Frequently asked

Do I need a resident agent in West Virginia?

Almost every state does, and the West Virginia rule is set out above with its citation. Where the law leaves a choice, a resident agent is still the practical way to make sure service of process reaches you.

How much does West Virginia resident agent service cost?

$129 a year, with no setup fee, the same price in all 50 states plus DC, Puerto Rico and the U.S. Virgin Islands. Service of process is received and scanned the same business day.

Can I switch my West Virginia resident agent to ResidentAgents.com?

Yes. Order online and we prepare the change of agent filing for you; the state's filing fee is shown on this page.