The next step in the process to register LLC in VA is to file the Virginia’s Articles of Organization (Form LLC-1011). The form can be filed through the online portal (Virginia SCC), or by downloading and mailing it. It’s important to notice the difference between having a domestic LLC operating in Virginia, meaning an LLC that was established and operating in the state, and a foreign LLC established in a different state and operating in Virginia. Having a foreign LLC may incur additional fees.
Fees:
There is a $100 non-refundable fee. You must make payment online with a credit card or an eCheck. It is also possible to send a check payable to State Corporation Commission.
Filing:
The SCC encourages individuals to complete all documentation online.
To do so, visit https://cis.scc.virginia.gov. If you have not done so, you’ll need to register an account on the site. You can then fill out the form and submit it online through that portal.
You can also download the form from the website, print it, and mail it to one of the addresses listed above.
However, if you plan to send this information via mail, you can do so at the following addresses:
State Corporation Commission
Clerk’s Office
P.O. Box 1197
Richmond, VA 23218-1197
Or send to:
Courier Delivery Address
1300 E. Main Street. 1st Floor
Richmond, VA 23219
The next step will be to create your Virginia LLC operating agreement, an internal document that establishes the guidelines for running the LLC (for example, it defines the specific rights of each member and manager within the business).
Virginia does not have any specific rules for operating agreements for LLCs, nor require you to create one. However, the operating agreement is a quite valuable business document, and it is typically worth investing in as you set out to create your LLC.
One of its core aspects is outlining how the LLC should be managed and who is in charge of what, mainly because it helps distinguish the LLC as a business that is separate from any other organization and separate from your personal assets. This is even more important if your LLC is a multi-member LLC (i.e. there is more than one owner or officer).
Some of the aspects to include in an operating agreement are:
If you do decide to create an operating agreement, it’s best practice to have each owner and member sign the documents and receive a copy of them, and file them with other business documents to keep close at hand. You do not have to file them with the state. They will become very important of you ever want to dissolve a Virginia LLC.