how do i incorporate in virginia without a lawyer

by Dr. Tremayne Weissnat IV 4 min read

To do so in Virginia, you must file a certificate of assumed or fictitious name with the clerk's office of the circuit court in the county or city where the LLC's conducts business. There is a $10 filing fee. A certified copy of the certificate must be filed with the Virginia State Corporation Commission

State Corporation Commission

The State Corporation Commission, or SCC, is a Virginia regulatory agency whose authority encompasses utilities, insurance, state-chartered financial institutions, securities, retail franchising, and railroads. It is the state's central filing office for corporations, limited partnerships, limited liab…

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You can either file your articles online for the quickest processing, or mail-in Form LLC-1011 to the Virginia SCC. The filing fee is $100. The articles of organization form for Virginia LLCs (shown below) is pretty brief and includes the following: Business name and address.

Full Answer

How to start an LLC in Virginia?

Start an LLC in Virginia with these Five Easy Steps Step 1. Name Your Virginia LLC Step 2. Choose a Registered Agent Step 3. File the Articles of Organization Step 4. Create an Operating Agreement Step 5. Get an EIN

Can a foreign limited liability company operate in Virginia without registration?

Virginia Limited Liability Company Act § 13.1-1057. Transaction of business without registration. A. A foreign limited liability company transacting business in the Commonwealth may not maintain any action, suit, or proceeding in any court of the Commonwealth until it has registered in the Commonwealth. B.

How do I protect my LLC in Virginia?

You can start protecting your LLC in Virginia with these steps: 1. Opening a business checking account: Separates your personal assets from your company's assets, which is necessary for personal asset protection. Makes accounting and tax filing easier. Need help finding your EIN for your bank application? Visit our EIN Lookup guide for help.

What happens if you don’t file an LLC in Virginia?

Late Filings: Your LLC will be charged a $25 late fee if you miss your filing deadline. Virginia will also dissolve your LLC after three months for failure to pay your annual registration. Virginia LLCs may face fines and even automatic dissolution when they miss one or more state filings.

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How do I incorporate myself in Virginia?

How to Form a Corporation in VirginiaChoose a Corporate Name. ... File Articles of Incorporation. ... Appoint a Registered Agent. ... Prepare Corporate Bylaws. ... Appoint Directors and Hold Board Meeting. ... Issue Stock. ... Comply with Virginia Annual Report Requirements. ... Obtain an EIN and Pay Business Taxes.

Can I incorporate by myself?

By incorporating yourself, you create a separate legal entity for your business that separates your personal affairs and finances from those of your company. You are protected by a structure called the corporate veil as long as you keep your business and personal assets separated.

How much does it cost to incorporate in VA?

Virginia charges a minimum of $75 ($25 filing fee and $50 for up to 25,000 authorized shares) to file the Articles of Incorporation. Add another $50 for up to 25,000 shares (add $50 for each additional 25K of shares). The charter fee tops out at $2,500 for over a million shares.

How do I file as a corporation in Virginia?

How to Form a Corporation in VirginiaObtain an employer identification number (EIN) through the IRS website.File Form 2553 with the IRS to be taxed as an S corporation.Bookmark the websites for the state Small Business Development Center (SBDC) and the Richmond small business administration (SBA) office.More items...

Can you form a corporation with one person?

However, all states do allow corporations to have just one owner. You can be the sole shareholder, director and officer for your company. Even without the suits, you still must follow all the formalities to ensure your corporation remains in good standing.

Why would a person incorporate themselves?

When you learn how to incorporate yourself, it becomes easier to manage income, separate your personal income from business income, and legally distance yourself from the corporation, making tax time less of an issue. Lastly, when you incorporate yourself, you can limit your personal liability.

How long does it take to incorporate a business in Virginia?

Filings can take 3 to 12 days to process. Expedited service is available for an additional fee. If you decide to incorporate in Virginia with incorporate.com, we will handle all filing requirements and provide you with the total cost to get your business up and running.

Is Virginia a good state to incorporate?

Forbes 2018 report makes it quite evident that “Virginia is the #4 Best State for Business” and is ranked #1 where “Regulatory Environment” is concerned. It is home to many major business services operations and there are many start-ups that register a new company in Virginia every day.

How do I register my S Corp in Virginia?

Step 1: Name Your LLC. Choosing a company name is the first and most important step in starting your LLC in Virginia. ... Step 2: Choose Your Virginia Registered Agent. ... Step 3: File the Virginia LLC Articles of Organization. ... Step 4: Create an LLC Operating Agreement. ... Step 5: Get an EIN and Complete Form 2553 on the IRS Website.

How much does it cost to register a business in VA?

$100File the “Articles of Incorporation” with the Virginia State Corporation Commission. These may be filed online at the Virginia New Entity Formation website, or by mail. The filing fee is $100.

How do I register my company as a corporation?

Four major steps to register a company/ startup in India:Step 1: Acquire Digital Signature Certificate (DSC)Step 2: Acquire Director Identification Number (DIN)Step 3: Create an account on MCA portal- New user registration @ mca.gov.in.Step 4: Incorporate or Apply for the company to be registered.More items...•

How do I register a business name in Virginia?

An LLC in Virginia is created by filing Form LLC-1011 with the state corporations commission. The articles have to include the name and address of the LLC along with the contact information for the LLC's registered agent. You can file your articles online or by mail. The fee to file is $100.

What information is not included in a business entity?

Generally, personal identifiable information such as social security or driver's license number, date of birth, or financial institution account number should NOT be included in business entity or Uniform Commercial Code documents submitted to the Office of the Clerk for filing with the Commission. The person who prepares or submits to the Clerk's Office a document for filing is responsible for ensuring that the document contains no such information. The Clerk's Office is authorized to obliterate, without prior notice, personal identifiable data included in a document or refuse to accept for filing a document containing such data. Note that most information contained in documents filed with the Commission is subject to public viewing.

Can the clerk of the state of Virginia provide legal advice?

Staff members of the Clerk's Office can provide information regarding the requirements under Virginia law for filing a document in this office; however, the staff cannot provide legal, business or tax advice to the public. Guidance on these matters should be obtained from a legal or tax professional.

How to start an LLC in Virginia?

To start an LLC in Virginia you will need to file the Articles of Organization with the Virginia State Corporate Commission, which costs $100. You can apply online or by mail. The Articles of Organization is the legal document that officially creates your Virginia Limited Liability Company.

What is the first step in forming an LLC in Virginia?

Choosing a company name is the first and most important step of forming an LLC in Virginia. Be sure to choose a name that complies with Virginia naming requirements and is easily searchable by potential clients.

What is a domestic LLC?

An LLC is referred to as a "domestic LLC" when it conducts business in the state where it was formed. Normally when we refer to an LLC we are actually referring to a domestic LLC. A foreign LLC must be formed when an existing LLC wishes to expand its business to another state.

What is workers compensation in Virginia?

Workers' Compensation Insurance: A type of insurance that provides coverage for employees’ job-related illnesses, injuries, or deaths. In Virginia, businesses with two or more employees, excluding business owners, are required by law to have workers' compensation insurance.

What is LLC in business?

LLC is short for Limited Liability Company. It is a simple business structure that offers more flexibility than a traditional corporation while providing many of the same benefits. An LLC is one of several business structures, such as a sole proprietorship, partnership, and corporation (C corp and S corp).

How to create LLC in Virginia?

There are two options to form your LLC online: 1 SCC eFile (Recommended)#N#You can form your LLC in real-time, online, using the Virginia SCC eFile system, To begin, you will be prompted to create an account. Once you create an account, you can log in and enter the information required on the Articles of Organization into the provided fields. When that is completed, click the “Pay and File” button to proceed. 2 Upload a PDF#N#To submit a PDF of the Articles of Organization for filing, visit the Virginia SCC eFile Document Submission website.

What is an organizer in an LLC?

An organizer is an individual or entity authorized by the founders of the LLC to file the Articles of Organization on behalf of the company.

What are the advantages of an LLC in Virginia?

Virginia LLC Advantages. Liability Protection. Virginia’s LLC Act provides for strong protections for LLCs. The Act makes a charging order, or court-ordered lien from a creditor on distributions made from the LLC, the exclusive remedy by a creditor in a lawsuit. Convenience.

What is a registered agent in Virginia?

A registered agent is a third party individual or entity that is chosen by the founders of the LLC to receive legal correspondence and annual report reminders on behalf of the company. The registered agent for your Virginia LLC must have a physical street address in Virginia. A PO Box address is not valid.

What is the most important thing to do to establish and maintain an LLC?

Drafting and Finalizing an Operating Agreement. One of the most important things you can do to establish and maintain your LLC is to draft and finalize an operating agreement. While an operating agreement is not required by Virginia Law, it is a quintessential element of your LLC’s success.

How much is the annual registration fee for an LLC?

However, they are required to pay an annual registration fee. For LLCs, the registrations fee is $50 and is due annually on the first day of the month after the LLC was formed. For example, if you formed your LLC in May 2017, your first annual registration fee is due June 1, 2018.

Do LLCs have to keep meeting minutes?

However, corporations are subject to rules and regulations that LLCs are not. For example, LLCs are not required to hold board meetings, shareholder meetings, or keep meeting minutes. Additionally, particular to Virginia LLC Law, LLCs are not required to submit an annual report, whereas corporations are.

How to become an LLC in Virginia?

To get the process going, you will first need to name and register your LLC with the State Corporation Commission, and file the necessary forms with the State Corporation Commission. Steps.

Who can be a registered agent in Virginia?

The Registered Agent can be an individual within the company, such as a partner, colleague, or yourself. You can also use a registered agent service.

What is LLC in Virginia?

LLCs are Limited Liability Companies and are a popular way to structure a business. As a registered LLC, you have full corporation status but your taxes are similar to the taxes for a Sole Proprietorship or a Partnership. The state of Virginia has unique LLC requirements that must be followed in order to become a registered LLC.

How much does it cost to lose an LLC?

If the Commission does not receive the annual fee payment, you will receive a $25 penalty and may lose your LLC status.

Do you need an operating agreement for an LLC in Virginia?

Though LLCs operating in Virginia are not required to have an operating agreement, it is a smart move to create one with the other members of your LLC, especially if your LLC contains more than one member. The LLC operating agreement will be recognized by the state of Virginia as a governing document.

What is a transaction of business without registration?

A. A foreign limited liability company transacting business in the Commonwealth may not maintain any action, suit, or proceeding in any court of the Commonwealth until it has registered in the Commonwealth. B.

Does failure to register a foreign limited liability company impair the validity of any contract or act of the foreign limited answer

The failure of a foreign limited liability company to register in the Commonwealth does not impair the validity of any contract or act of the foreign limited liability company or prevent the foreign limited liability company from defending any action, suit, or proceeding in any court of the Commonwealth. D.

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