Form Lld-1 - Articles Of Organization Of Limited Liability Company 2013 Page 4
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6INSTRUCTIONS FOR FILING ARTICLES OF ORGANIZATION
BEFORE you fill out the application: The company name you select will be approved only if it is available – that
is, if the name is not the same as and is distinguishable from any other name which has been reserved or filed. If you
prepare LLC papers without applying for and receiving a name reservation, you do so at your own risk. A telephone
check on availability of a name is not a guarantee of name availability.
You may apply for a name reservation in writing, accompanied by a $15 fee made payable to the WV Secretary of
State, mailed to the address shown above. Once approved, you are guaranteed exclusive use of the name for 120
days, enough time to prepare and submit the articles.
If you plan to do business under any name, other than the name on your certificate of organization, you must register
that trade name with the Secretary of State. Failure to do so could result in a fine or imprisonment.
Filling out the Application
Section 1. Enter the exact name of the company and be sure to include one of the required corporate name
endings: “limited liability company,” “limited company,” or the abbreviations “L.L.C.,” “LLC,” “L.C.,” or “LC.”
“Limited” may be abbreviated as “Ltd.” and “Company” may be abbreviated as “Co.” [WV Code §31B-1-105]
Professional companies must use “professional limited liability company,” “professional L.L.C.,” “professional
LLC,” “P.L.L.C.,” or “PLLC.” [WV Code §31B-13-1303]
Section 2. LLC vs. PLLC - Check the first box unless your company qualifies as a Professional LLC. A
Professional LLC may be organized only by one or more persons licensed or otherwise legally authorized to provide
the same or compatible professional services or to practice together within the state. No person may be a member of
the PLLC who is not licensed or otherwise legally authorized to render the profession service for which the PLLC
was organized. Only the following professions listed below under the specified articles of
Chapter 30
of West
Virginia Code may form a PLLC. If you are a member of another profession, please contact your licensing board
before attempting to establish your business as a regular LLC.
Attorneys-at-law
[Article
2]
Physicians & Podiatrists
[Article
3]
Dentists
[Article
4]
Optometrists
[Article
8]
Accountants
[Article
9]
Veterinarians
[Article
10]
Architects
[Article
12]
Engineers
[Article
13]
Osteopathic Physicians
[Article
14]
Chiropractors
[Article
16]
and surgeons
Psychologists
[Article
30]
Land Surveyors
[Article
13a]
****Important**** The Secretary of State cannot complete your filing until confirmation is received from the
appropriate State licensing board that the licenses of your members are current and in full effect.
**A PLLC is required to carry at all times $1 million of professional limited liability insurance.
[See WV Code §31B-13-1305]
Section 3. The designated office need not be the principal place of business. You may change the designated
office by filing with the Secretary of State an Application to Appoint or Change Address, Agent, or Officers
[Form
AAO] (fee $15).
Section 4. The principal mailing address need not be in WV, but is the principal place of business for the
company. This is the address to which all correspondence from our office is mailed. You may change the principal
mailing address by filing with the Secretary of State an Application to Appoint or Change Address, Agent, or Officers
[Form
AAO] (fee $15).
Section 5. You may wish to maintain an “agent of process” in West Virginia who can receive service of a
summons or complaint. The agent may be an individual resident, a corporation, or another limited liability company.
You may change your agent by filing with the Secretary of State an Application to Appoint or Change Address,
Agent, or Officers
[Form
AAO] (fee $15).
Form LLD-1
Issued by the Office of the Secretary of State
Revised 4/13
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