This page has been created to serve as a general guide to the limited liability company registration process in the state of Virginia. The links found below contain comprehensive tutorials on the State Corporation Commission’s filing procedures for both domestic and foreign entities. Representatives of standard domestic LLCs will have the luxury of submitting their formation documents through an online filing system. All other entity types must complete a PDF application and forward it to the state with an attached check to cover the cost of filing. All LLC applicants will be required to pay a total of $100.
How to File
Step 1- We recommend performing a Business Entity Search prior to registration to check the availability of your proposed operating name. Registering an entity with a name that is already in use will result in your application being rejected. Furthermore, you may wish to file a $10 Name Reservation application if additional time is required to prepare your documents. Once filed, a name can be reserved for a period of 120 days.
Step 2- You may begin supplying the requisite filing information through either the online portal or to the PDF application. Click on the link below associated with your entity type to learn more about both registration methods.
Step 3- Once you’ve finished supplying the necessary information, you will need to gather any additional documentation demanded by the state authorities. Representatives of foreign LLCs must provide a certificate of good standing or like document from their initial jurisdiction. The online registration is completed upon payment of the filing fee ($100). Applications filed by mail must be sent to the address below with an attached check made out to the State Corporation Commission.
State Corporation Commission
Office of the Clerk
P.O. Box 1197 – Richmond, Virginia 23218
EIN – Representatives of newly formed limited liability companies will most likely be required to obtain an Employer Identification Number as soon as acceptance has been received from the State Corporation Commission regarding their entity’s formation. This number is issued by the IRS and used to identify all tax withholding employers operating across the United States. Once obtained, your business will be legally allowed to hire employees, register for bank accounts, apply for loans, and perform a number of other transactions. Click on the link at the heading of this paragraph to learn more about both the Online and paper filing procedures.
Operating Agreement – Drafting an operating agreement is a highly advisable measure to take when forming a new limited liability company. This document can be used to legally define the manner in which the managing members of your organization will be required to operate. The State Corporation Commission has no requirement that an agreement be filed with their offices. Instead, a copy should be reviewed and signed by all relevant parties and kept for their own personal records. A free template, available in MS Word and PDF formats, can be found linked in the heading of this paragraph
Renewal – The majority of secretaries of state demand that registered limited liability companies file an annual report, updating their offices with any major changes that may have occurred over the past year. Fortunately for LLC representatives in Virginia there is no such requirement to renew. There is, however, a registration fee that must be payed no later than the last day of the month in which the business was formed. Click here to access the online portal where you will be able to supply the $50 fee using your SCC ID. If you are unaware of your SCC ID, performing a business search will provide you with those details.