Question 1

How much does it cost to form an LLC in Virginia?

Accepted Answer

The State Corporation Commission (SCC) lists the fee to form a new Virginia LLC (Articles of Organization, Form LLC1011) at $100.

Question 2

How do you form an LLC in Virginia?

Accepted Answer

File Articles of Organization (Form LLC1011) with the SCC Clerk's Office, either online through the Clerk's Information System (CIS) or by completing the downloadable form. The SCC encourages online filing to save time and prevent processing errors. If you attach your own articles online, expect a delay of about five business days for review.

Question 3

What are the LLC name requirements in Virginia?

Accepted Answer

An LLC name must contain the words "limited company" or "limited liability company" or the abbreviations "L.C.," "LC," "L.L.C.," or "LLC." A business name can be reserved or renewed for 120 days (Form SCC631) for $10.

Question 4

Do you need a registered agent for an LLC in Virginia?

Accepted Answer

Every Virginia business must maintain a registered agent who is a Virginia resident with a Virginia physical business address (registered office) and is available during normal business hours. The agent must also be a member of the Virginia State Bar or part of the business's management (for an LLC, a member or manager); a business can also use a qualifying third party such as a law firm or service company, but cannot act as its own registered agent. Changing the registered agent or registered office (Form LLC1016) has no fee.

Question 5

Does an LLC have to file an annual report in Virginia?

Accepted Answer

Virginia LLCs do not file an annual report but pay an annual registration fee of $50.00 to the SCC, due by the last day of the month the LLC was organized or registered. The SCC sends an assessment about two months before the due date. Late payments get a $25 penalty, and an LLC that has not paid by the last day of the third month after the due date is canceled.

Question 6

Is an operating agreement required in Virginia?

Accepted Answer

Virginia law defines an operating agreement as an agreement of the members about the LLC's affairs and business, or a writing or agreement of a single-member LLC that meets statutory requirements. The SCC tells online filers not to attach operating agreements to their Articles of Organization.

Question 7

How do you register a DBA in Virginia?

Accepted Answer

The SCC Clerk's Office is the central filing office for fictitious names. An LLC files a Certificate of Assumed or Fictitious Name (Business Conducted by an Entity) through CIS; the fee for filing it with the Commission is $10. Using a fictitious name without filing can lead to a misdemeanor conviction, a fine of up to $2,500, jail time, and inability to maintain a lawsuit in Virginia courts.

Question 8

How do you get a sales tax permit in Virginia?

Accepted Answer

A business that meets the definition of a dealer must register with Virginia Tax to collect and pay sales tax, online as an in-state or out-of-state dealer. Remote sellers with more than $100,000 in annual Virginia gross sales or 200 or more transactions are out-of-state dealers. After registering, you receive a sales tax account number and a Sales Tax Certificate of Registration (Form ST-4), which must be displayed at your registered location.

Question 9

How do you register a foreign LLC in Virginia?

Accepted Answer

An out-of-state LLC files an Application for Registration as a Foreign Limited Liability Company (Form LLC1052) online or on paper; the fee is $100.

Question 10

How do you dissolve an LLC in Virginia?

Accepted Answer

A Virginia LLC is closed by filing Articles of Cancellation (Form LLC1050, "Cancel your LLC") with the SCC, online or on paper; the fee is $25.

LLC filing fee	The State Corporation Commission (SCC) lists the fee to form a new Virginia LLC (Articles of Organization, Form LLC1011) at $100. Source: Virginia SCC, Forms and Fees - Virginia Limited Liability Companies
How to file	File Articles of Organization (Form LLC1011) with the SCC Clerk's Office, either online through the Clerk's Information System (CIS) or by completing the downloadable form. The SCC encourages online filing to save time and prevent processing errors. If you attach your own articles online, expect a delay of about five business days for review. Source: Virginia SCC, Business Types; Forms and Fees; LLC FAQs
Name rules and reservation	An LLC name must contain the words "limited company" or "limited liability company" or the abbreviations "L.C.," "LC," "L.L.C.," or "LLC." A business name can be reserved or renewed for 120 days (Form SCC631) for $10. Source: Va. Code § 13.1-1012(A); Virginia SCC, Forms and Fees
Registered agent	Every Virginia business must maintain a registered agent who is a Virginia resident with a Virginia physical business address (registered office) and is available during normal business hours. The agent must also be a member of the Virginia State Bar or part of the business's management (for an LLC, a member or manager); a business can also use a qualifying third party such as a law firm or service company, but cannot act as its own registered agent. Changing the registered agent or registered office (Form LLC1016) has no fee. Source: Virginia SCC, Registered Agent and Office Addresses FAQs; Forms and Fees
Operating agreement	Virginia law defines an operating agreement as an agreement of the members about the LLC's affairs and business, or a writing or agreement of a single-member LLC that meets statutory requirements. The SCC tells online filers not to attach operating agreements to their Articles of Organization. Source: Va. Code § 13.1-1002; Virginia SCC, LLC FAQs

Annual report	Virginia LLCs do not file an annual report but pay an annual registration fee of $50.00 to the SCC, due by the last day of the month the LLC was organized or registered. The SCC sends an assessment about two months before the due date. Late payments get a $25 penalty, and an LLC that has not paid by the last day of the third month after the due date is canceled. Reinstatement (Form LLC1050.4P) costs $100 plus unpaid fees. Source: Virginia SCC, Annual Registration Fees FAQs
Sales tax permit	A business that meets the definition of a dealer must register with Virginia Tax to collect and pay sales tax, online as an in-state or out-of-state dealer. Remote sellers with more than $100,000 in annual Virginia gross sales or 200 or more transactions are out-of-state dealers. After registering, you receive a sales tax account number and a Sales Tax Certificate of Registration (Form ST-4), which must be displayed at your registered location. The page reviewed does not state a registration fee. Source: Virginia Tax, Sales and Use Tax
DBA / assumed name	The SCC Clerk's Office is the central filing office for fictitious names. An LLC files a Certificate of Assumed or Fictitious Name (Business Conducted by an Entity) through CIS; the fee for filing it with the Commission is $10. Using a fictitious name without filing can lead to a misdemeanor conviction, a fine of up to $2,500, jail time, and inability to maintain a lawsuit in Virginia courts. Source: Virginia SCC, Fictitious Names FAQs

Registering an out-of-state LLC	An out-of-state LLC files an Application for Registration as a Foreign Limited Liability Company (Form LLC1052) online or on paper; the fee is $100. Source: Virginia SCC, Business Types
Closing an LLC	A Virginia LLC is closed by filing Articles of Cancellation (Form LLC1050, "Cancel your LLC") with the SCC, online or on paper; the fee is $25. Source: Virginia SCC, Forms and Fees - Virginia Limited Liability Companies

How to Start an LLC in Virginia: Fees, Filings and Annual Requirements

Quick answers for Virginia

Forming the LLC

Keeping the LLC in good standing

Out-of-state LLCs and closing

Where to get help in Virginia

Starting an LLC & Small Business FAQ

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