West Virginia Articles of Incorporation: Definition, Purpose

Quick Facts — Articles of Incorporation Lawyers

What are West Virginia Articles of Incorporation?

In West Virginia, articles of incorporation is a legal document that is required to establish a new corporation. This formation document must be filed and approved by the West Virginia Secretary of State before a corporation can begin operations.

The purpose of articles of incorporation are to establish your business as a legally operating corporation. Once your company is incorporated, you can request and EIN, open business bank accounts, and apply for the permits and licenses necessary to run a successful business.

How Do I Find Articles of Incorporation in West Virginia?

You can find an articles of incorporation form for West Virginia corporations by following these steps:

  1. Visit the West Virginia Secretary of State website.
  2. Click the ”Business” tab at the top of the page.
  3. Scroll down to “Forms and Fees” and click “Search Business and Licensing Forms”.
  4. In the search box, type “Articles of Incorporation”.

The search results will provide several forms, but for profit corporations you will need Form CD-1.

Does West Virginia Require Articles of Incorporation?

Yes. In West Virginia, you cannot form a corporation without filing articles of incorporation.

How Do I Fill Out Articles of Incorporation in West Virginia?

West Virginia articles of incorporation can be filled out using the state provided PDF, or by registering your company online on the WV One Stop Business Portal. Your articles of incorporation must include the following information:

  • The corporation name
  • The address of the principal office
  • Registered agent name and address
  • Email address for correspondence
  • Authorized shares
  • The purpose of the corporation
  • The name and address of each incorporator
  • The signature of each incorporator.

If you are unsure how to properly draft articles of incorporation, it is recommended that you hire a lawyer to assist you in drafting and filing these essential formation documents.

Frequently Asked Questions

How do I hire a lawyer to draft articles of incorporation in West Virginia?

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Morgan S.

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Corporate Attorney that represents startups, businesses, investors, VC/PE doing business throughout the country. Representing in a range of matters from formation to regulatory compliance to financings to exit. Have a practice that represents both domestic and foreign startups, businesses, and entrepreneurs. Along with VC, Private Equity, and investors.

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Christopher M. on ContractsCounsel
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Christopher M.

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Experienced in-house counsel with a strong track record in commercial contracting, data privacy, and regulatory compliance across global organizations. Skilled at aligning legal strategy with business objectives, negotiating complex agreements, and mitigating enterprise risk. Passionate about enabling innovation through practical, business-focused legal solutions.

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I specialize in commercial and technology agreements, and general corporate and real estate matters. My passion for transactional and corporate work grew out of helping small and medium sized businesses with agreements of all types and real estate matters. Though I primarily represent large private and publicly traded Fortune 500 companies, I very much enjoy representing new and emerging businesses. From the private family office or new start-up to the rapidly growing and mature company, I have a proven track record of exceeding expectations in helping clients achieve their vision.

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Does an LLC need articles of incorporation?

I am considering forming an NY LLC and am doing a bit of research.

Ramsey T.

Answered Mar 30, 2021

LLCs are not technically "companies" or "corporations" and therefore they are not formed by filing Articles of Incorporation. Corporations are formed when you file Articles of Incorporation. LLS are formed by an "Organizer" who files a Form of Organization or Articles of Organization with a state. LLCs actually are "hybrids" with characteristic of companies in some ways and of partnerships in other ways.

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If a company registers to do business in a state where it does not have a physical presence, it must designate a registered agent in that state to accept legal documents. This ensures compliance with state laws and provides a reliable way to receive official communications. A company can appoint itself as its registered agent to receive legal documents if it has a physical address in that state. In that situation, there would be no need to have a separate registered agent. Some business owners who work from home opt for a registered agent service, which can help protect privacy by keeping the individual's home address off public records. Feel free to reach out if you want a consultation or other legal services.

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Hello! My name is Damien Bosco, Esq. My law office is located in Long Island City across from Manhattan. A not-for-profit corporation may amend its Certificate of Incorporation from time to time by filing a Certificate of Amendment under Section 803 of the Not-for-Profit Corporation Law. The document may contain any information originally included in a Certificate of Incorporation (name change, revision to the purpose clause, etc.). Because you plan to alter the corporation's purpose, you must review Section 804 to ensure you obtain the necessary consent. If you need a consultation or help with this, feel free to reach out. Best regards.

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