LLC formation in Virginia is easily. barely follow these seven steps, and you ‘ll be on your way .
1. Name Your Virginia LLC
You ‘ll need to choose a name to include in your articles before you can register your LLC.
Reading: How to Start an LLC in Virginia
Names must comply with Virginia ‘s appointment requirements. The following are the most crucial requirements to keep in mind :
- Your business name must include the words Limited Liability Company, LLC, or L.L.C.
- Your name must be different from an existing business in the state. You can do a search on the Secretary of State’s website to determine if a particular business name is in use. For name availability in Virginia, check this link.
- The business name cannot contain words used to name a government agency (i.e., State Department, CIA, FBI, Treasury, etc.)
- Certain restricted words (bank, lawyer, attorney, credit union, etc.) may require additional documentation and licensure paperwork.
See a arrant number of Virginia ‘s name rules .
- URL availability. Even if you don’t think you’ll need a webpage, you probably will. At the very least, you should reserve the option of having one in the future by buying your domain name now. Before finalizing your LLC name, it’s a good idea to check if the URL is available.
- Reserve your name. If you aren’t ready to register your LLC but are concerned your name might be taken by someone else, you can reserve it for a small fee. In Virginia, names may be reserved for up to 120 days by paying the fee and submitting the proper form to the state authority.
2. Choose Your Registered Agent
Virginia requires you to appoint a register agent for your LLC .
A record agent is the person or entity authorized to receive avail of process and other official legal documents and notices on behalf of your LLC .
A registered agent can be a person ( including yourself or an employee of your LLC ) or an entity that offers a register agent service. They must meet the follow criteria :
- Entities (or companies) must provide registered agent services.
- An individual can serve as the registered agent for an LLC only if he or she is licensed to practice law in Virginia or is a part of business management.
- The agent must have an address in Virginia.
- The agent must be on-site and available to accept documents during regular business hours.
3. Prepare and File Articles of Organization
The Articles of Organization is a document that formally establishes your LLC by laying out basic data about it .
Prepare Articles of Organization and file them with the Virginia State Corporate Commission to register your Virginia LLC by rights. Though it sounds like a big job, that just means filling out a relatively bare on-line shape and submitting it. You can besides send it by chain mail .
To prepare your articles, you ‘ll normally need the following information :
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- Your LLC name.
- The name and address of your registered agent.
- The person forming the LLC is required to sign the Articles.
once you file your Articles, the secretary of state of matter will review the charge. If the articles are approved, the LLC becomes a legal business entity .
4. Receive a Certificate From the State
The department of state will issue you a security that confirms the LLC formally exists after the LLC ‘s formation documents are filed and approved .
This certificate will allow the LLC to obtain an Employer Identification Number ( EIN ), commercial enterprise licenses, and business bank score .
5. Create an Operating Agreement
An operate agreement is a document that outlines the way your LLC will conduct business .
Virginia does n’t require you to file an manoeuver agreement, but it is an necessity part of your business. Having a promptly accessible, written operate agreement is helpful for diverse reasons, including settling disputes that may arise over fiscal agreements and other potential litigation. Without an agreement in station, the courts make determinations based on state police, not necessarily what is in the best interest of the LLC and its members .
The operational agreement can include, but is not limited to, the following :
- LLC’s name and principal address
- Duration of the LLC
- Name and address of the registered agent
- Information about the Articles of Organization
- Purpose of the business
- Members and their contribution
- The way profits and losses will be divided
- Procedure for admitting new members, as well as outgoing members
- Management of the LLC
- Indemnification and liability clauses
6. Get an Employer Identification Number
The nine-digit Employer Identification Number ( EIN ) is assigned by the Internal Revenue Service to identify your LLC for taxes. You can obtain your EIN by mail or on-line through the IRS .
The purpose of an EIN is to assist with the follow :
- File and manage taxes at the state and federal level
- Open a business bank account.
- Hire employees.
7. Comply with Employer Obligations
- Employer must report employees: Employers must report new employees to the government within 20 days of their hire date.
- Employer is required to withhold taxes: In Virginia, employers are required to withhold federal, state and local income taxes from their employees’ wages and forward what is collected to the government.
- Employer must pay unemployment taxes: Employers in Virginia must pay taxes to the state unemployment fund.
- Employer must buy workers compensation insurance: In Virginia, employers must purchase workers compensation insurance for work-related injuries.
Registering your LLC gives you a legal foundation to conduct business. plan to keep your LLC compliant and in active agent condition on the state ‘s web site .
Virginia does not require an LLC to file an annual report. however, to keep your LLC registration active in Virginia each year, you must pay an annual $ 50 registration fee. In addition, LLC might have to include make quarterly tax payments. You besides need to maintain a register agentive role for your business .
A file LLC besides makes it possible for you to do the follow :
- Obtain permits or licenses necessary to operate your business, including health department permits, zoning permits, home occupation permits, professional licenses, and more. Some states require a seller’s permit to conduct sales.
- Register your business with the state’s tax agency.
- Open a business bank account.
- Apply for a business credit card.
- Purchase insurance for your business.
- Protect your name and logo with a trademark.