West Virginia Secretary of State Annual Report: Filing and Fees

The West Virginia Secretary of State annual report is due between January 1 and June 30 each year, and the filing fee is $25 for every registered entity type.1Business4WV. Annual Reporting Most businesses file online through the WV One Stop Business Portal in a few minutes. Miss the June 30 deadline and you owe a $50 late fee on top of the report fee, and continued nonfiling can end in administrative dissolution or revocation of your authority to do business in the state.2West Virginia Legislature. West Virginia Code 59-1-2A – Fees and Allowances for Secretary of State

Who Has to File

Every business registered with the Secretary of State files, for-profit and nonprofit alike.1Business4WV. Annual Reporting The statutory list covers corporations, limited partnerships, domestic and foreign limited liability companies, limited liability partnerships, voluntary associations, and business trusts.2West Virginia Legislature. West Virginia Code 59-1-2A – Fees and Allowances for Secretary of State

It doesn’t matter where the business was formed. An LLC organized in another state but authorized to do business in West Virginia files on the same schedule and pays the same fee as one formed here.

What to Have Ready Before You Start

Gather the following before you log in:

  • Federal Employer Identification Number (EIN)
  • Full legal names and mailing addresses for all officers, board members, or LLC managers
  • Physical street address and mailing address of your principal office
  • Name and West Virginia street address of your registered agent

The registered agent record matters more than people realize. That’s the address the Secretary of State uses to send delinquency notices and other official mail, so if your agent has changed, the annual report is the natural moment to update it. The portal pre-populates most fields from your existing record, so for many businesses filing is a matter of confirming what’s already there.

How to File Online

The WV One Stop Business Portal is the primary filing system. You can file as a guest without setting up an account, and if nothing has changed since last year, a “no changes” option lets you confirm your existing data and pay in a handful of clicks.3Business4WV. WV One Stop Business Portal The portal accepts major credit cards and electronic checks. Save the confirmation email and printable receipt for your records.

One category of business cannot file online. Federal banking restrictions keep medical cannabis organizations out of the electronic payment system, so they file on paper by mail to the WV One Stop Business Center at 13 Kanawha Blvd. W., Suite 201, Charleston, WV 25302, and pay by check.4West Virginia Secretary of State. Annual Reports

Fees and the Veteran Waiver

The standard fee is $25 for every entity type, nonprofits included. Miss June 30 and for-profit corporations, limited partnerships, and LLCs owe a $50 administrative late fee on top of the $25 report fee. Nonprofit corporations owe a $25 late fee.2West Virginia Legislature. West Virginia Code 59-1-2A – Fees and Allowances for Secretary of State

West Virginia’s Boots to Business Waiver exempts qualifying veteran-owned and active-duty military-owned businesses from the $25 annual report fee for the first four years after initial registration, and it also waives the initial registration fee, for combined savings of up to $250. To qualify, at least 51% of the business must be unconditionally owned by a veteran, active-duty service member, or spouse of either, and you upload a DD-214 or current military ID as proof.5West Virginia Secretary of State. Veteran Owned Business Waiver The waiver covers the fee only. You still file the report itself by June 30.

What Happens if You Miss the Deadline

Your business status changes to “delinquent” the moment June 30 passes without a filing, and the late fees attach immediately.1Business4WV. Annual Reporting After 30 days of delinquency, the Tax Commissioner may suspend, cancel, or withhold your business registration certificate.2West Virginia Legislature. West Virginia Code 59-1-2A – Fees and Allowances for Secretary of State That certificate is what authorizes you to operate, so losing it effectively shuts your business down in West Virginia.

Before the final step, the Secretary of State must send a certified-mail notice at least 30 days in advance. The final step itself is administrative dissolution for domestic entities or revocation of authority for foreign entities.2West Virginia Legislature. West Virginia Code 59-1-2A – Fees and Allowances for Secretary of State Once a certificate of dissolution is signed and filed, the corporation’s active status ends, and the business can carry out only the activities needed to wind down its affairs. No new contracts, no new customers, no ordinary operations.6West Virginia Legislature. West Virginia Code 31D-14-1421 – Procedure for and Effect of Administrative Dissolution A business that loses good standing also loses exclusive rights to its registered name, which someone else can then claim.

Fixing a Filed Report

You cannot correct an annual report by submitting a second one. Changes to your registered agent, business address, or officers go through the portal as a separate change filing.7Business4WV. Making Changes and Filing Amendments Other errors in a filed document require a formal correction with the Secretary of State.

Reinstating a Dissolved Business

If your business has been administratively dissolved, you have two years from the dissolution date to apply for reinstatement. The application requires a certificate from the Tax Commissioner confirming all taxes are paid, proof that the grounds for dissolution have been cured or no longer exist, and confirmation that your business name still meets state naming rules.8West Virginia Legislature. West Virginia Code 31D-14-1422 – Reinstatement Following Administrative Dissolution

The form is CO-LP-RE on the Secretary of State’s site.9West Virginia Secretary of State. Application for Reinstatement of Revoked or Administratively Dissolved Entity Expect a $25 reinstatement filing fee, the $50 late fee, and every $25 annual report fee that piled up during delinquency.

When reinstatement takes effect, it relates back to the date of dissolution, and the business is treated as though the dissolution never happened.8West Virginia Legislature. West Virginia Code 31D-14-1422 – Reinstatement Following Administrative Dissolution That retroactive effect can preserve contracts and legal rights that would otherwise be in doubt. Let the two-year window close and reinstatement becomes significantly harder, so treat that deadline as seriously as the annual June 30 one.