West Virginia Offices of the Insurance Commissioner - Financial Conditions Division - Professional Employer Organization Licensing Unit

Please Note

We are a service company that can help you file with the West Virginia Offices of the Insurance Commissioner - Financial Conditions Division - Professional Employer Organization Licensing Unit. We are not associated with this nor any other government agency. We offer paid services and software to help you file. You are not required to purchase our service to file - you may file directly with this agency without using our service.

Contact Information

Physical address:
900 Pennsylvania Ave.
Charleston, WV 25302

Mailing address:
West Virginia Offices of the Insurance Commissioner ATT: PEO Licensing
PO Box 11410
Charleston, WV 25339

Phone: 304-558-6279 ext. 47748

Web: Home Name search
Email: OICPEO@wv.gov

Licenses

We track the following licenses with the West Virginia Offices of the Insurance Commissioner - Financial Conditions Division - Professional Employer Organization Licensing Unit in order to provide compliance services to our clients. As a client, you see this and other reference data in License Manager in-line with your licenses.

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West Virginia Professional Employer Organization License - Group

Agency:West Virginia Offices of the Insurance Commissioner - Financial Conditions Division - Professional Employer Organization Licensing Unit
Eligible Entity Types:

  • Corporation
  • Sole Proprietorship
  • Partnership
  • Limited Liability Company
  • Limited Liability Partnership
Foreign Qualification is Prerequisite:Yes
Financial Requirements:

Applicants must either show proof of financial responsibility in the form of $100,000 in working capital, as defined by GAAP accounting principles and as reflected in financial statements submitted to the Commissioner, or meet the bonding requirement.

Bond Requirements:

A bond in the amount of $100,000 must be provided if the applicant if the PEO has less than $100,000 in working capital as reflected in the financial statements or does not have a recent audited financial statement. An irrevocable letter of credit or securities with a minimum market value of $100,000 may be submitted in lieu of a bond.

Exam Required?Not Set
Registered Agent (Special Agency) Required?No

Initial Registration

Form:

Form PEO-1: Professional Employer Organization Application

Instructions:

PEO Licensing Instructions

Agency Fee:

$300

Notarize:Required
Required Attachments:
  • The most recent audited financial statements, which may not be older than 13 months. The financial statement shall be prepared in accordance with GAAP and audited by an independent CPA
  • A copy of the corporation’s Article of Incorporation filed with the Secretary of State of West Virginia. Partnerships must provide a copy of the Partnership Agreement or an affidavit signed by all parties that no written partnership exists. Limited partnerships must provide a copy of the Certificate of Limited Partnership. If the applicant is a non-resident, a certificate of authority to do business in the state, issued by the Secretary of State’s office.
  • Evidence showing that each company included in the PEO Group is majority owned or commonly controlled by the same entity, parent, or controlling person
  • A parental guarantee in the form of an indemnification agreement or a resolution of the board of directors of the parent company authorizing the guarantee of workers’ compensation, unemployment tax liability and other obligations of a subsidiary PEO in the combined or consolidated license

Registration Renewal

Form:

Form PEO-1: Professional Employer Organization Application (Renewal)

Instructions:

PEO Licensing Instructions

Agency Fee:

$300

Due:

Annually within 6 months after the close of the PEO's fiscal year.

Required Attachments:

  • List by jurisdiction under which PEO has operated in the preceding 5 years
  • Statement of ownership
  • Statement of management
  • Most recent audited financial statement
  • Bond, irrevocable credit, or securities with a minimum market value of $100,000
  • Complete listing of all client-employers in West Virginia
  • List of officers, directors, partners, shareholders owning 10% or more
  • Article of Incorporation
  • Group License application
  • Submission that each company included in the PEO Group is majority owned or commonly controlled by the same entity

West Virginia Professional Employer Organization License - Limited

Agency:West Virginia Offices of the Insurance Commissioner - Financial Conditions Division - Professional Employer Organization Licensing Unit
Eligible Entity Types:

  • Corporation
  • Sole Proprietorship
  • Partnership
  • Limited Liability Company
  • Limited Liability Partnership
Foreign Qualification is Prerequisite:Yes
Notes:

Limited licenses may be issued for PEO's that meet the following conditions:

  1. The applicant will have to demonstrate it is licensed or registered as a PEO in another state with substantially similar licensing requirements.
  2. The PEO does not maintain an office in this state.
  3. The PEO does not directly solicit employers located in West Virginia.
  4. The PEO does not have more than 50 covered employees in West Virginia on any given day.
Exam Required?Not Set
Registered Agent (Special Agency) Required?No

Initial Registration

Form:

Form PEO-1: Professional Employer Organization Application

Instructions:

PEO Licensing Instructions

Agency Fee:

$200

Notarize:Required
Required Attachments:
  • A copy of the corporation’s Article of Incorporation filed with the Secretary of State of West Virginia. Partnerships must provide a copy of the Partnership Agreement or an affidavit signed by all parties that no written partnership exists. Limited partnerships must provide a copy of the Certificate of Limited Partnership. If the applicant is a non-resident, a certificate of authority to do business in the state, issued by the Secretary of State’s office.

Registration Renewal

Form:

Form PEO-1: Professional Employer Organization Application (Renewal)

Instructions:

PEO Licensing Instructions

Agency Fee:

$200

Due:

Annually within 6 months after the close of the PEO's fiscal year.

Required Attachments:

  • List by jurisdiction under which PEO has operated in the preceding 5 years
  • Statement of ownership
  • Statement of management
  • Complete listing of all client-employers in West Virginia
  • List of officers, directors, partners, shareholders owning 10% or more
  • Article of Incorporation

West Virginia Professional Employer Organization License - Regular

Agency:West Virginia Offices of the Insurance Commissioner - Financial Conditions Division - Professional Employer Organization Licensing Unit
Eligible Entity Types:

  • Corporation
  • Sole Proprietorship
  • Partnership
  • Limited Liability Company
  • Limited Liability Partnership
Foreign Qualification is Prerequisite:Yes
Bond Requirements:

A bond in the amount of $100,000 must be provided if the applicant if the PEO has less than $100,000 in working capital as reflected in the financial statements or does not have a recent audited financial statement. An irrevocable letter of credit or securities with a minimum market value of $100,000 may be submitted in lieu of a bond.

Notes:

Within twenty days of its execution, every professional services agreement shall be filed with the commissioner.

Exam Required?Not Set
Registered Agent (Special Agency) Required?No

Initial Registration

Form:

Form PEO-1: Professional Employer Organization Application

Instructions:

PEO Licensing Instructions

Agency Fee:

$300

Notarize:Required
Required Attachments:
  • The most recent audited financial statements, which may not be older than 13 months. The financial statement shall be prepared in accordance with GAAP and audited by an independent CPA
  • A copy of the corporation’s Article of Incorporation filed with the Secretary of State of West Virginia. Partnerships must provide a copy of the Partnership Agreement or an affidavit signed by all parties that no written partnership exists. Limited partnerships must provide a copy of the Certificate of Limited Partnership. If the applicant is a non-resident, a certificate of authority to do business in the state, issued by the Secretary of State’s office.

Registration Renewal

Form:

Form PEO-1: Professional Employer Organization Application (Renewal)

Instructions:

PEO Licensing Instructions

Agency Fee:

$300

Due:

Annually within 6 months after the close of the PEO's fiscal year.

Original Ink:Required
Notarize:Required
Required Attachments:

  • List by jurisdiction under which PEO has operated in the preceding 5 years
  • Statement of ownership
  • Statement of management
  • Most recent audited financial statement
  • Bond, irrevocable credit, or securities with a minimum market value of $100,000
  • Complete listing of all client-employers in West Virginia
  • List of officers, directors, partners, shareholders owning 10% or more
  • Article of Incroporation

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