Every limited liability company operating in the United States needs to designate a registered agent. Even after you identify your initial registered agent in your formation paperwork, there are several reasons for why you may need to change the registered agent for your LLC in West Virginia.
Your registered agent could be moving out of state, or they could be a former co-owner or employee who no longer works for your organization. Maybe you want to switch from an individual registered agent to a professional service that operates in all 50 states, or perhaps you’re simply unsatisfied with your current registered agent’s service.
Whatever the reason may be, each state allows you to change your registered agent at any time, and in most states the process is both simple and inexpensive. Let’s dive into the specifics of how to change your LLC’s registered agent in West Virginia.
NOTE: If you need help changing registered agents, the same services that are known for offering cheap LLC services — like LegalZoom and Zen Business — can also take over registered agent duties and file the needed paperwork.
Who Can Be a West Virginia Registered Agent?
A West Virginia registered agent is a person or business entity that has a physical address in the state. You or one of your co-owners can serve as your own registered agent, you can designate a friend or family member for this role, you can hire a lawyer or accountant as your agent, or you can hire an online business services company to provide registered agent service.
No matter who you choose to be your registered agent, they need to be physically present at the address provided to the state during all standard business hours. This person or entity does not need to have any prior experience being a registered agent, but it’s wise to choose a registered agent who is familiar with the serious responsibilities that come with this role.
There is no minimum age requirement on who can be a registered agent in the state of West Virginia. Chapter 31D, Article 5 of the West Virginia Code explains that a registered agent may be:
- “An individual who resides in this state and whose business office is identical with the registered office;
- A domestic corporation or domestic nonprofit corporation whose business office is identical with the registered office; or
- A foreign corporation or foreign nonprofit corporation authorized to transact business in this state whose business office is identical with the registered office.”
For more general information regarding the role of a registered agent with a West Virginia LLC, we encourage you to check out our full guide on the topic.
What Is the Procedure for Changing Your LLC Registered Agent in West Virginia?
While the role of the registered agent is vitally important for any American business entity, this role can always be changed, and there are different rules for how to change your agent depending on which state your business operates in.
In West Virginia, a limited liability company can change its registered agent by filing an Application to Appoint or Change form, or by indicating the registered agent change on the LLC’s annual report.
Option 1) Filing an Application to Appoint or Change Form
The first option to change a West Virginia LLC’s registered agent is filing the Application to Appoint or Change Process, Officers, and/or Addresses form. Any business entity can use the same form, which has a $15 filing fee. You can file this form via fax, mail, in person, or online.
Option 2) Indicating the Registered Agent Change in the LLC Annual Report
The other way that a West Virginia LLC can change its registered agent is to indicate this change in the LLC’s annual report. Every LLC in this state is required to file an annual report by July 1 of each year, and there is a $25 fee for this filing. This report may only be filed online.
The standard processing time for a business filing in West Virginia is 5-10 business days. However, there is expedited service available with the following three options: 24-hour ($25), two-hour ($250), and one-hour ($500).
Prefer to Have a Registered Agent Service Handle Your Requirements?
A registered agent service is a company that specializes in being a registered agent for a wide variety of businesses across the country, bringing tons of expertise and a healthy dose of reliability to the role.
Most professional registered agent services operate on a national basis, meaning there’s no restrictions on which states you can operate your business in. They also tend to charge affordable rates, as you can find several registered agent services that charge around $10/month or even less for this service. In addition, most of these companies will also offer to handle the process of changing a registered agent for you.
If you’re interested in this option, we highly recommend Northwest Registered Agent.
The Law for Changing Your LLC Registered Agent in West Virginia
It’s always important to be well-informed regarding the specific laws for changing your registered agent. Registered agent laws in West Virginia vary based on business entity type, but not by domestic/foreign classification, so all limited liability companies in this state operate under the same registered agent rules and regulations.
Specifically, we can turn to Chapter 31B, Article 1 of the West Virginia Code, which states:
- “A limited liability company may change its designated office or agent for service of process by delivering to the secretary of state for filing a statement of change which sets forth:
- The name of the company;
- The address of its current designated office, if any;
- If the current designated office is to be changed, the address of the new designated office;
- The name and address of its current agent for service of process, if any;
- If the current agent for service of process or address of that agent is to be changed, the new address or the name and address of the new agent for service of process.”
If you operate a limited liability company in the state of West Virginia, you need to designate a registered agent to receive important government document deliveries on your behalf. If you decide at any time that you would rather change your registered agent to a different individual or business entity, it’s important to know what that process looks like.
In West Virginia, an LLC can change its registered agent by filing an Application to Appoint or Change form, or by indicating the registered agent change in the LLC’s annual report. They’re both simple documents with reasonable filing fees, but if you’d rather have a registered agent service handle this task for you, you certainly have that option.
We hope this article helped you improve your understanding of changing a registered agent in West Virginia, and as always we thank you for choosing Registered Agent Ready!