Forming a Virginia LLC

We can help you form your Virginia LLC!

If you're in business in Virginia or thinking of starting a business in the Commonwealth of Virginia, you should form a Virginia limited liability entity for your business that will protect you from potential liability as well as provide you with tax benefits that will allow you to keep more of the money you make.  If you're unsure of whether it is worth forming a Virginia corporation or Virginia limited liability company, then read The Top 5 Reasons To Incorporate or Form An LLC.

This webpage will explain the process of forming a Virginia limited liability company, commonly referred to by its abbreviation - LLC.  Forming a Virginia LLC is similar to forming a Virginia corporation  but has different documentation and filing requirements.  The value of a Virginia LLC, like a Virginia corporation, is in the limited liability it provides its owners (aka "members").  In order to enjoy that limited liability, though, the LLC must be set up and run properly.  Failure to do so can result in an attempt by company creditors to "pierce the veil" and attempt to hold the member's liable for the LLC's debts. 

To properly form a Virginia LLC, you should:   

1. Pick a name that is available and that does not infringe upon the trademark rights of anyone else.  All LLC names must be different than the name of any other corporation or LLC in Virginia and must end in "limited liability company," "limited company," or an abbreviation of these such as "LLC," "LC." While you can search the Virginia State Corporation Commission records for name availability, it is important to know that approval of your name by the State Corporation Commission is not legal trademark clearance of your rights to use that name.  A separate search should be done to make sure the proposed name does not infringe on someone else's trademark rights.   This can be done at the United States Patent & Trademark Office website.  When choosing a corporate name, it's also a good idea to see whether the domain name is available. 

2. Prepare and file the articles of organization with the Virginia State Corporation Commission.  The articles must contain specific information required by the Virginia Code (see 13.1-1011 of the VA Code) as a bare minimum but should often contain more provisions dealing with indemnity and other issues.  The Articles we can draft for you include extra protective language for the Members (owners). 

3. Nominate a Virginia registered agent for the LLC.  A registered agent is the person designated on the public records as the "go to" person for official communications to the LLC.  Typical examples of these "official communications" are letters from the Virginia State Corporation Commission and service of process (lawsuits, employee garnishments, etc.) from the county sheriff and process servers.  Fore more information about Virginia registered agents, and our registered agent services, visit our "Registered Agent" page.

4. Draft an Operating Agreement for the LLC.  This is the step most often skipped by do-it-yourselfer's.  The Operating Agreement is the contract between the members and the LLC that sets forth the rights and responsibilities of the members.  It should cover important issues such as the admission of new members, the process by which a member may leave the LLC, the ownership share of each member and their individual contributions, events of dissolution for the LLC (and the process by which a dissolution takes place), and more. 

5. Obtain an Employer Identification Number ("EIN") from the IRS and decide whether to elect to be taxed as a sole proprietorship (the default form of taxation if there is only one member of the LLC), a partnership (the default form of taxation if there is more than one member of the LLC) or as an  "S" Corporation.  Yes, an LLC may elect to be taxed as an S Corp. despite the fact that it is not a "corp."  Don't let the name fool you. 

6. On an ongoing basis, the LLC should be sure to pay its annual assessment (sent out by the State Corporation Commission in July every year) to maintain its good standing.

We can help you get off the ground with your new Virginia LLC quickly and efficiently.  We also allow you to select only the services you need at this time. 

Choose from the following Virginia LLC option packages:

1. Drafting and filing Articles of Organization with registered agent service included for the first year (renewable at your option) - only $199 plus the $100 filing fee due to the SCC for a total cost of $299 (save $25 - this is a value of $324 if purchased separately!).  Click here to get started.

2. Drafting and filing Articles of Organization without registered agent service - only $99 plus the $100 filing fee due to the SCC for a total cost of $199. Click here to get started.

3. Creation of the Operating Agreement for your LLC - $299. Created by an experienced and licensed Virginia lawyer. Click here to order.

4. Get the total package, including Articles of Organization, registered agent service for the first year (renewable at your option), custom Operating Agreement - $575.00 (save $48!). Click here to order.

 Our Articles of Organization are not the spare bare-bones form version you find at the SCC.  We include special protection sections for the Members that could save the owners thousands! 

Order service from us and we will:

1. Help you with selecting a name for your LLC

2. Prepare the Articles of Organization

3. File the Articles of Organization with the Virginia State Corporation Commission

4. Prepare the Operating Agreement for the LLC (if you order this option)

5. Serve as the LLC's registered agent for the first year, if you order this option (renewable, if you like, for subsequent years)

6. Send all of your documents to you quickly.

This service is available to you regardless of where you are located.  We work with entrepreneurs and business owners all over Virginia and across the United States.  If you have any questions about our services, call us at 804-290-4330 or send an email Info@VARegisteredAgent.com.