West Virginia Certificate of Authority


What is a West Virginia certificate of authority?

Companies are required to register with the West Virginia Secretary of State before doing business in West Virginia. Businesses that are incorporated in another state will typically apply for a West Virginia certificate of authority. Doing so registers the business as a foreign entity and eliminates the need to incorporate a new entity.

Operating without a certificate of authority may result in penalties or fines. In addition to the state’s requirements, licensing agencies, banks, and vendors will often request a certificate of authority.

When do I need a certificate of authority?

The most common reasons for applying for a certificate of authority include:

  • Opening an office or physical location within the foreign state
  • Hiring an employee who resides within the state
  • Before beginning a contract or a job in a new state
  • A vendor or bank’s requirements
  • Licensing authority requirements

How do I get a West Virginia certificate of authority?

To obtain your West Virginia Certificate of Authority, you will submit an Application for Certificate of Authority, along with required certificates or certified copies from your home state. You will need to appoint a registered agent in order for your filing to be approved. Be sure to follow the state’s instructions carefully, as they can reject a document for the smallest error.

For Foreign Corporations:

Agency:West Virginia Secretary of State - Business and Licensing Division
Form:

Form CF-1: Application for Certificate of Authority

Agency Fee:

$100

Law:

WV Code § 31D-15-1501

Certified Copy Requirement:

Certified copies not required.

Certificate of Good Standing Requirement:

Certificate of existence dated within the tax year.

Fact Checked:1/28/19

For Foreign Limited Liability Companies:

Agency:West Virginia Secretary of State - Business and Licensing Division
Form:

Form LLF-1: Application for Certificate of Authority

Agency Fee:

$150

Law:

WV Code § 31B-10-1002

Certified Copy Requirement:

Certified copies not required.

Certificate of Good Standing Requirement:

Certificate of existence dated within the tax year.

Fact Checked:1/28/19

For Foreign Nonprofit Corporations:

Agency:West Virginia Secretary of State - Business and Licensing Division
Form:

Form CF-1: Application for Certificate of Authority

Agency Fee:

$50

Law:

WV Code § 31D-15-1501

Certified Copy Requirement:

Certified copies not required.

Certificate of Good Standing Requirement:

Certificate of existence dated within the tax year.

Fact Checked:1/28/19

For Foreign Limited Partnerships:

Agency:West Virginia Secretary of State - Business and Licensing Division
Form:

Form LP-2: Statement of Limited Partnership

Agency Fee:

$150

Law:

WV Code § 47-9

Certified Copy Requirement:

Certified copies not required.

Certificate of Good Standing Requirement:

Certificate of existence dated within the tax year.

Fact Checked:1/28/19

For Foreign Limited Liability Partnerships:

Agency:West Virginia Secretary of State - Business and Licensing Division
Form:

Form LLP-1: Statement of Limited Liability Partnership

Agency Fee:

$500

Law:

WV Code § 47B

Certified Copy Requirement:

Certified copies not required.

Certificate of Good Standing Requirement:

Good standing certificate not required.

Fact Checked:1/28/19

What do I need from my home state?

In order to obtain a West Virginia Certificate of Authority, you must also submit:

  • Limited Liability Company: Certificate of existence dated within the tax year.
  • Corporation: Certificate of existence dated within the tax year.
  • Nonprofit Corporation: Certificate of existence dated within the tax year.

What is a registered agent?

A registered agent receives service of process and government notices on behalf of your business. When you prepare your West Virginia Certificate of Authority application, you must list a registered agent with a physical address within the state (P.O. Boxes are not allowed).

Many businesses do not have an individual or physical address in a new state. Listing our local registered agent address on your certificate of authority application meets the state’s requirements. Additionally, you get same day document scanning from our local office in all 50 states and DC. Our registered agent service is a flat rate of $99 per year, and you can easily add our service to any certificate of authority order.


What is the contact information for the state?

West Virginia Secretary of State - Business and Licensing Division
Phone: 304-558-8000 or 866-767-8683
https://sos.wv.gov/Pages/default.aspx
Email: business@wvsos.com

© 2012 - 2020 Harbor Compliance. All rights reserved. Harbor Compliance does not provide tax, financial, or legal advice. Use of our services does not create an attorney-client relationship. Harbor Compliance is not acting as your attorney and does not review information you provide to us for legal accuracy or sufficiency. Access to our website is subject to our Terms of Use and Service Agreement.