How to Start an LLC in Virginia

How to Form an LLC in Virginia | Complete Guide
A Step-by-Step Guide

How to Form an LLC in Virginia

Starting a Limited Liability Company (LLC) in Virginia offers a simple yet effective way to structure your business while protecting your personal assets. Forming an LLC in Virginia provides flexibility, ease of management, and safeguards your personal property from business liabilities. However, the process can be daunting if you're unfamiliar with the steps involved. To make it easier, here's a comprehensive guide to forming your LLC in Virginia.

3 Easy Steps to Create Your LLC in Virginia

1

Select a Name

Choose a unique name for your Virginia LLC that complies with state requirements and isn't already in use by another business.

2

Appoint a Registered Agent

Designate a registered agent who will receive legal documents and official correspondence on behalf of your LLC.

3

File Articles of Organization

Submit your Articles of Organization to the Virginia State Corporation Commission along with the required filing fee to officially form your LLC.

Formation Process

Select a Distinct Name for Your Virginia LLC

Selecting an appropriate name for your Virginia LLC is important. Your LLC name should be distinctive and not available to another company in Virginia. You can check availability using the business name search tool on the Virginia State Corporation Commission's website.

  • Required Words: Your LLC name should contain "Limited Liability Company" or the abbreviation, for example, "LLC," "L.L.C.," "Ltd.," "Co.," or "Company."
  • Prohibited Words: Do not use words that are restricted to government agencies, e.g., "Agency," "Board," "Commission," or "Department."
  • Name Restrictions: The name cannot be misleading or close to a government agency.
  • Domain Name: It's also good to ensure your desired domain name is available even if you do not intend to open a website immediately.

Name a Registered Agent for Your Virginia LLC

In Virginia, your LLC will need to have a registered agent. The registered agent receives legal documents, state notices, and other official communications on behalf of your LLC. The agent may be yourself, another member of your LLC, or a professional service.

Agent Requirements

A registered agent should satisfy these requirements:

  • Be a Virginia resident or a business registered to do business in Virginia.
  • Have a Virginia street address (P.O. Boxes are prohibited).
  • Be accessible during normal business hours to accept service.

Professional Services

Registered agent services are convenient because they keep you in good standing and help you stay organized. Two well-established registered agent services in Virginia are:

Best Virginia Registered Agent Services

ZenBusiness

ZenBusiness streamlines the LLC formation process and makes it fast and simple. Their registered agent service is $199 per year and comes with a compliance dashboard to keep you on track.

Pros:

  • Easy-to-use and affordable platform.
  • Provides full-service LLC formation.
  • 5-star customer reviews.

Cons:

  • Does not include nonprofit LLCs.

Northwest Registered Agent

Northwest Registered Agent provides great customer support and safe document storage. They charge $125 per year for their registered agent service.

Pros:

  • A+ Better Business Bureau rating.
  • Gives a secure gateway to documents.
  • Privacy-oriented.

Cons:

  • Barely higher cost inclusion fees.

Submit the Articles of Organization with the State

After you have named your LLC and named a registered agent, your next step is to submit the Articles of Organization with the Virginia State Corporation Commission (SCC). You may file online or by mail.

Filing Options

Online Filing: This is the quickest way, and your filing will usually be processed instantly.

Mail Filing: You may also file by mail. Mail your filled-out forms to:

State Corporation Commission
Clerk's Office
P.O. Box 1197
Richmond, VA 23218-1197

In-Person Filing: You may file documents in person at:

1300 E. Main St, 1st Floor
Richmond, VA 23219

Filing Fee

The filing fee for the Articles of Organization is $100. If you need expedited service, you can request same-day or next-day processing for an additional fee.

Expedited processing fees:

  • Same-day processing: $200
  • Next-day processing: $50-$100 (depending on the type of document)

What to Do After Your LLC Is Registered in Virginia

Once your LLC is officially registered, you'll need to take a few additional steps to ensure smooth operation:

Keep Your Personal and Business Assets Apart

Personal funds should be kept distinct from those of your LLC. Get a business bank account to ensure personal assets are protected and the money is easy to manage.

Consult an Accountant

Having an accountant as a professional guide will assist you with taxes and guarantee that your LLC complies with local taxation policies.

Prepare an Operating Agreement

Although Virginia doesn't demand an operating agreement, it's very advisable to define the structure, duties, and operating procedures of your LLC.

Obtain Business Insurance

Safeguard your LLC from possible liabilities by obtaining business insurance, such as liability coverage and workers' compensation if you employ people.

Frequently Asked Questions

What does it cost to form an LLC in Virginia?

The fee to file the Articles of Organization for an LLC in Virginia is $100. For expedited processing, the following fees apply:

  • Same-day processing: $200
  • Next-day processing: $50-$100 (depending on the type of document)

Is a Trade Name (DBA) necessary in Virginia?

A "Doing Business As" (DBA) name is not required in Virginia, unless you prefer to conduct business under a name other than your LLC's official name. If you do elect to use a DBA, it must be registered with the state.

How long does it take to process the Articles of Organization in Virginia?

If you e-file, it processes immediately. If you mail in, up to a week. Expedited service is optional for an additional fee, and same-day service is available for $200 if you submit before 10:00 AM.

Can non-residents establish an LLC in Virginia?

Yes, a non-resident can create an LLC in Virginia. But you have to appoint a registered agent who has a physical address in Virginia to receive official documents in behalf of the LLC.

Do I require an Operating Agreement for my Virginia LLC?

Though the law does not require an operating agreement in Virginia, it's highly advisable. An operating agreement details the way your LLC is to be managed, members' responsibilities, and how profits and losses will be allocated.

What are the continued requirements for keeping an LLC in Virginia?

Virginia does not need LLCs to file annual reports, but you need to keep accurate records and pay tax obligations. You also need to keep your registered agent information current.

Is it possible to rename my LLC in Virginia?

Yes, you can rename your LLC by submitting Articles of Amendment to the Virginia State Corporation Commission. There is a filing fee for this, and you will have to make sure that the new name is available for use.

Ready to Start Your Virginia LLC?

By following these steps and ensuring compliance with Virginia's regulations, you'll be well on your way to establishing a successful LLC in the state. Remember that while the process is straightforward, taking care of post-formation tasks like insurance, taxes, and business structure will help your LLC run smoothly and remain protected.

Get Started Today
Best Incorporates Footer