West Virginia Amendment

When a business owner decides to make changes to a West Virginia company, they have to be aware of the process that the company has to go through. You need to understand state regulations to avoid having compliance issues.

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What is A West Virginia Amendment?

West Virginia requires all businesses to report to the state if they make any changes in the items that are originally listed on the Articles of Incorporation/Organization. To do this, your company will have to file an amendment with the Secretary of State.

Reasons Why You Need To File An Amendment

Your West Virginia company has to file an amendment in case you decide to make major changes that will affect the formal entity structure of the company.

A. Changing The Company Name –

  • LLCs

If your West Virginia LLC realizes that it is necessary to change the company name, you have to make sure that you will not encounter problems in the future. Make sure the new name follows the naming guidelines of West Virginia. You need to submit an amendment to inform the state about your plan. Additionally, you have to update the LLC name on all government records.

  • Corporations

Corporations have to do the same. If your company wants to conduct business in West Virginia using a new name, you will also have to file an amendment. Check if the name you want to use is available. You will also have to change the name of your company on all government records.

B. Changing Members Of The Business –

  • LLCs

West Virginia has to be up to date about the information related to the members and/or managers of your LLC. You have to report any changes. However, you cannot do that using an amendment. Your LLC has to file an Application to Appoint or Change Process, Officers, and/or Addresses.

  • Corporations

The same rule applies to West Virginia corporations. You cannot make changes to pieces of information about the officers and directors of your company through an amendment. You can update the information using the Application to Appoint or Change Process, Officers, and/or Addresses.

C. Changing Address Related To The Business –

  • LLCs

West Virginia needs to know the operating address and registered office of your LLC. However, you cannot change your company address using an amendment form. You will have to file an Application to Appoint or Change Process, Officers, and/or Addresses.

  • Corporations

Likewise, corporations in West Virginia have to do the same. You cannot change the operating address or registered office of your corporation using an amendment form. You will have to do this using the Application to Appoint or Change Process, Officers, and/or Addresses.

D. Changing Contact Information –

  • LLCs

West Virginia LLCs have to make sure the Secretary of State can reach their companies. Make sure you inform the state if you change your contact information. You can include the phone number and email address of the contact person in the information you put in the Articles of Amendment.

  • Corporations

The same is true for corporations. Your company also has to inform the Secretary of State if you change the business contact information. The form has a section where you can put the business email address and phone number of the contact person for your corporation.

E. Changing The Number Of Shares That A Corporation Is Authorized To Issue –  LLCs in West Virginia are not authorized to issue shares. There is no need to worry about this amendment. But, West Virginia corporations have to know this. If your West Virginia corporation has an intention of changing the number of shares it is authorized to issue, you will have to inform the Secretary of State and file an amendment.

What Is Needed To File An Amendment?

LLC

To formalize the changes, your LLC has to submit a completed Articles of Amendment to Articles of Organization form to the Secretary of State. You can submit by mail, fax, or personally. If you want the Secretary of State to return a copy to your company, submit 2 copies of the form. You can download the form from the website of the Secretary of State. You should also pay the $25 filing fee.

Corporation

West Virginia requires corporations to submit a completed Articles of Incorporation Profit Amendment form. You can file them with the Secretary of State by mail, fax, or personally. If you want the Secretary of State to send a stamped copy to your company, submit 2 copies. You can find the form on the website of the Secretary of State. The filing comes with a $25 fee.

How Can DoMyLLC Assist With Streamlining The Process?

Making changes to a company’s formation documents require proper completion and filing of paperwork. Depending on the changes, you may also have to take care of other documents. To help ease the process, you can turn to a reliable document filing company like DoMyLLC. Our team can provide support and assistance to West Virginia business owners who need help in handling formalities to ensure compliance with the state.

West Virginia Amendment FAQs

The filing fee for an amendment is $25.

LLCs have to provide the following information:

  • Name of the company
  • The formation date of the LLC
  • Exact text of every amendment
  • Name and contact number of representative
  • Authorized signature

Corporations have to provide the following information:

  • Name of the company
  • Adoption date
  • Exact text of each amendment
  • Name and contact number of representative
  • Authorized signature

The Secretary of State normally takes around 24-48 hours to finish the processing of an amendment. If you deliver the documents in person, they will process them while you wait.

The Secretary of State will send a stamped copy to you if you submit 2 original Articles of Amendment form.

West Virginia Business Resources

West Virginia Office of Secretary of State
Phone Number:
(304) 558-8000

Address:
West Virginia Secretary of State
Bldg. 1, Suite 157-K 1900 Kanawha Blvd. East
Charleston, WV 25305-0770