How to Form an LLC in Virginia
To form a Virginia LLC, you must file Articles of Organization with the Virginia State Corporation Commission (SCC) and pay the $100 filing fee. But launching a successful company requires additional support and resources. And that’s precisely what we provide:
- A professional Virginia business address you can use on state forms to safeguard your privacy.
- Year-round annual registration support (no upfront fees) to ensure your business always remains in good standing.
- Web & phone services to help your business stand out online.
- Attorney-drafted operating agreement you can easily customize to fit your needs.
- Lifetime support from experienced professionals who will help guide you every step of the way.
Ready to get started? Hire us today to form your Virginia LLC! Or keep reading to learn how you can file yourself.
As our client, you can instantly use our address as your business address. We’re locally based in Richmond, VA and settled into our own building to offer our clients the most reliable service.
“Great professional service from Crystal Hill at Virginia Registered Agent Services in the process of filling out all the paperwork for the registration of my business. She was patient and answered in detail all my questions. Thank you!” – Ricardo, Google Review
Our Guide to Starting a Virginia LLC
Our detailed guide to starting a Virginia LLC includes clear, easy-to-follow instructions to help you succeed. From choosing a name and filing Articles of Organization to submitting an annual report and building an online identity, we’ve got you covered.
Remember, you can still hire us for Virginia Registered Agent Service ($49 a year) even if you form your LLC on your own.
- Choose a name for your Virginia LLC
- Appoint a registered agent
- Prepare and file the Articles of Organization
- Pay the filing fee
- Create an operating agreement
- Obtain an Employer Identification Number (EIN)
- Obtain necessary licenses and permits
- Pay the Virginia Annual Registration fee
- Optional: Get an Assumed or Fictitious Name for your LLC
1. Choose a Name for Your Virginia LLC
Before forming your Virginia LLC, you must choose a business name. Per VA Code § 13.1-1012, the name of your LLC must follow these specific guidelines:
- Must include the words “Limited Liability Company” or appropriate abbreviation such as “LLC” or “L.L.C.”
- Must be unique/distinguishable from other registered Virginia businesses.
- Cannot include words or abbreviations that suggest it’s a different type of entity, such as “Corporation” or “Inc.”
To see if your business name is available, you can search the Virginia Business Database.
2. Appoint a Registered Agent
Per VA Code § 13.1-1015, every Virginia LLC (foreign and domestic) must appoint and maintain a Virginia registered agent—a person or entity who accepts state and legal notices on behalf of your business.
Our Virginia Registered Agent Service is based in Richmond, in a secure building, with full-time, local staff. Hire us, and your important documents will never be forwarded to a third-party processing center. We guarantee same-day scans to your online account so that you can respond to service of process fast. At just $49/year, our registered agent service is available with or without our Virginia LLC formation package.
3. Prepare and File Articles of Organization
To officially form your Virginia LLC with the State Corporation Commission, you must prepare and file the Articles of Organization. If you’re ready to start, you can use our free online tool to begin filing the Articles of Organization. You can hire us to file for you OR file on your own. Need more time to think? You can save your progress and come back when you’re ready to finish.
What information do I need to include?
You’ll be required to include the following information:
- The name of your LLC
- Principal business address (must be a street address)
- The name and physical address of your registered agent
- Name and signature of the person filing your articles
Do I need to include member/manager information?
Virginia does not request the names of members or managers for its LLCs, which means that LLC members and managers can keep their personal names and information private from the public state record with a couple of precautions:
- Physical Address. A physical address must be listed. If you sign up for our Virginia Registered Agent Service, we automatically include the option to list our business address (instead of your personal address) on all state paperwork.
- Registered Agent. If you qualify, you may opt to act as your own registered agent. To appoint yourself, you will list your full name, identify your relationship to the LLC, and your physical address. Avoid listing your info by hiring a professional registered agent.
- Organizer. The Articles of Organization are short and easy to file. However, if you file your own, you will be required to list your full legal name. By hiring a third-party filing company, you eliminate the need to complete this portion, as that will be required of the filing entity. With our LLC formation package, we include internal documents listing the member/manager information and identifying ourselves as a third-party organizer.
4. Pay the Filing Fee
5. Create an Operating Agreement
While an operating agreement is not required by law or filed with the state, it is highly recommended and generally necessary for other business purposes. Banks and lenders typically require a copy of an LLC’s operating agreement to start a business account.
If you file on your own, you’ll also need to draft your own operating agreement or hire a legal service to create one. If you hire us to form your LLC, we’ll automatically include an operating agreement tailored to your management type with your company’s basic details included. Your LLC members/managers can add more specific details, print, sign, and date, and be on your way to your next steps.
6. Obtain an Employer Identification Number
Generally, you’ll need an EIN when you form an LLC. You can visit the IRS website to see if you need an EIN. However, it’s considered good practice to obtain an EIN, even if the IRS doesn’t require your LLC to have one. You’ll likely need an EIN to open a business bank account, purchase property, or obtain specific permits or licenses.
If you hire us to form your Virginia LLC, you can easily add EIN Service to your order, and we’ll handle everything.
Common Question: I’ve been operating as a Sole Proprietor until now, so I already have an EIN. I don’t need a new one, do I? If you have been operating as a sole proprietorship and decide to start an official Virginia LLC, you will likely need to obtain a new EIN. You can double-check your circumstances with the IRS. Also, congrats on taking a big step in your business journey!
7. Obtain Necessary Licenses and Permits
You may need to obtain a business license and/or permit at the state, local, or federal level depending on your type of business. Check the Virginia Business One Stop website to determine any specific requirements for your industry or location.
8. Pay the Virginia Annual Registration Fee
Virginia LLCs must pay a $50 annual registration fee to the State Corporation Commission, due by the end of the company’s anniversary month. Failure to file on time will result in a $25 penalty, loss of good standing status, and eventually, the LLC may be administratively dissolved.
As our client, you’ll automatically be enrolled in our Renewal Service so you won’t have to worry about accruing late fees or losing good standing. Each year we’ll pay your annual registration fee on time, and send you an invoice. If, for some reason, you want to file your annual report on your own, you’ll have plenty of time to cancel this service, no problem.
9. File a Virginia Assumed/Fictitious Name (optional)
If your business operates under any other name, you’ll want to file a “Certificate of Assumed or Fictitious Name” with the state. What’s called an assumed or fictitious name here in Virginia is sometimes called a DBA (Doing Business As) name in other places, but it’s all the same thing—a legalized nickname for your company.
If you decide to register an assumed/fictitious name for your Virginia LLC, it has to be done after the LLC itself is approved so you can list the already-registered LLC name on the application. Run a name check before filing anything to up your name approval odds. If you would like to hire us to file your assumed name, it will be an option inside your client account once you’ve partnered with us (whether or not you choose to have us do the initial formation.) You can also file on your own online or via paper.
Virginia LLC FAQs
Can my Washington DC company do business in Virginia?
Yes, just like a business formed in any other state jurisdiction, an LLC formed in Washington DC doing business in Virginia needs to register as a foreign LLC in Virginia. Virginia foreign LLC registration is multi-step process that you can hire us to take over, or tackle it on your own. Either way, you’ll need:
- certified copy of the original, domestic Articles of Organization from the home jurisdiction
- a Virginia registered agent
- completed Application for Certificate of Registration to Transact Business in Virginia as a Foreign LLC
What’s the difference between a Virginia LLC and a Virginia corporation?
The big differences between an LLC and a corporation are in the structure, management, and taxation. Generally speaking, an LLC is simpler and more flexible in each of these categories than a corporation, while still offering similar limited liability protection as you would with incorporating. The chart below is really simplified, and should not be your exclusive research in deciding which is right for you, but it gives a basic idea of the differences:
| Virginia LLC | Virginia Corporation | |
|---|---|---|
| Formation Fee | $100 | $75+ based on shares |
| Ownership | Owned by members | Owned by shareholders |
| Management | Flexible. May be managed by members or separate mangers. | Formal. Requirements for meetings and record keeping with recorded directors/officers. |
| Taxation | Pass-through taxes by default. Members pay self-employed individual income tax. | Double taxation. Corporate taxes and shareholder income tax apply. |
| Privacy | No member info required. | Must list director names on annual reports. |
| Annual Report Fee | $50 | Varies based on total number of authorized shares |
Frequently, a corporation may be preferable for a business currently or potentially seeking external funding or public offerings, whereas an LLC is often the choice for small businesses or those who want operational flexibility. It’s worth mentioning that Virginia is one of the few states that actually allows its LLCs to convert to corporations, *and* its corporations may be converted to LLCs. Both filings are far more involved and expensive than initial formations, but it is nice to know that here n Virginia, either could be options for your company if your needs change.
Should I get an S-corp in Virginia?
Maybe. In all honesty, the decision to get an S-Corp in Virginia is entirely up to you. The tricky part is that an S-Corp is not a type of business, not in Virginia or anywhere else. An S-Corp is a federal tax election that both LLCs and corporations can apply for with the IRS (or, of course, hire a pro like us).
If you want an S-Corp in Virginia, you’ll typically start by applying for an EIN, and then use the new EIN to apply for S-Corp status. A Virginia LLC with S-Corp status will still be subject to default pass-through taxation. However, it also has the freedom to make distributions that are not subject to the federal self-employment tax. You can find more details on S-Corps on the IRS website.