What makes incorporation in Virginia, a good business decision? Forbes has ranked the “Old Dominion” #4 in their list of “Best States for Business” and #1 in “Regulatory Environment” and these rankings go on to prove just one thing – it has one of the best business climates! The Gross State Product of Virginia as of November 2018 was $538 billion and businesses that are located in this state can enjoy a range of benefits right from low operating costs to a business-friendly tax structure. It is a “right-to-work” state and the manufacturing industry has one of the lowest average workers’ compensation costs in the country.

Why Choose Virginia for Incorporation?

The economy of Virginia is quite diverse and is driven by key industries including Corporate Services, Food & Beverage Processing, Information Technology, Life Sciences, Manufacturing, Supply Chain Management, and Unmanned Systems. Quite often than not, it is considered as “America’s Corporate Hometown” and provides businesses with access to world-class talent. The state’s overall infrastructure has promoted company incorporation in Virginia and today it is home to a large number of small businesses.

One of the catalysts driving the economy of the state and creating a good climate for businesses is “Strong Infrastructure.” If you set up a company in Virginia then you can benefit from several aspects of the state’s strong infrastructure. Here are some interesting facts:

• According to a study by Cyberstates 2018, Virginia is home to the 3rd-highest concentration of tech workers in the country
• 37 Virginia companies  are in the Fortune 1000 list
• The Greater Richmond region, which is Virginia, is considered to be the most suitable for corporate headquarters
• Hampton Roads boasts of 2,600 miles of shoreline and is home to diverse real estate, world-class port facility, and major military commands
• The Roanoke region is one of the best destinations for setting up tourism business thanks to 22 miles of urban greenway, 600 miles of trails, 300,000 acres of national forest, and 24 rivers and creeks.
• It boasts of being the 4th-highest number of “Active Duty Members” in the country that is responsible for providing the state with a robust pool of skilled and dedicated workers
• 88.7% of the Virginia population have access to broadband with speed of 100mbps or faster and hence is a leader in digital and physical connectivity
• Fairfax County is considered to be the East Coast center of technology innovation due to its proximity to the nation’s capital – Washington D.C

How do you incorporate in Virginia?

What is the process through which you can set up company in Virginia? What type of documentation is required? Can the registration documents be filed online? If you are confronted with these questions then the following steps will help you to understand how incorporation works in Virginia:

Type of Business

The first step towards incorporation in Virginia is choosing the type of business you want to form. You can choose to form an LLC or a Corporation. The type of business entity you want to form can be either a domestic or a foreign entity. The forms and fee will be different for each type of entity.

Business Entity Name

The second most important step towards company incorporation in Virginia is registering your business entity name. There are 3 steps towards business name formation and they are:

1. Naming Requirements: A corporation under VA Code § 13.1-630 (2016) and an LLC under VA Code § 13.1-1012 (2016) should contain words like “corporation”, “incorporated”, “limited liability company” or abbreviations like “corp.”, “inc.”, “ltd.”, “L.L.C.” or similar abbreviation.
2. Business name search: You need to search for a business name that is not in use currently. You can conduct a name search here.
3. Name Reservation: Once you have identified business entity name, and if the name is available then you can reserve the name pursuant to VA Code § 13.1-631 (2016) for business corporations and VA Code § 13.1-1013 (2016) for LLC’s. You can reserve the name with the secretary of state for a non-renewable period of 120 days.
4. A foreign business entity will have to register their business name pursuant to VA Code § 13.1-632 (2016).

Choose a Registered Agent

Whether you form a corporation or an LLC business entity, in order to transact business in the state of Virginia, you will have to maintain a registered agent pursuant to VA Code § 13.1-1015 (2016) for LLC and VA Code § 13.1-634 (2016) for Business Corporations.

We are one of the respected registered agents in Virginia and will be responsible towards initiating incorporation in Virginia through processing of your “Articles of Organization”, and “Articles of Incorporation” for domestic entities and “Certificate of Registration” and “Certificate of Authority” for foreign business entities.

Articles of Incorporation and Certificate of Authority

You will be required to file “Articles of Incorporation” pursuant to VA Code § 13.1-619 (2016), if your business is a domestic corporation or a “Certificate of Authority” pursuant to VA Code § 13.1-759 (2016), if it is a foreign business entity. In order to streamline the process of incorporation in Virginia, we can file documents on your behalf through the online process or through an expedited process.

Date Stamped Copies

As a part of the process of company incorporation in Virginia, we will ensure, you receive date-stamped and filed copies that verifies the state has filed as well as formed your corporation.

Costs and Fees associated with Virginia Incorporation

What would it cost to set up company in Virginia? Check Fees here!

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The state of Virginia requires businesses to not only register but also acquire a business license in order to become operational. The question is – do all businesses require licenses? Most businesses require some kind of license or permit and then there are businesses that will require more than a single license or permit or a combination of both. These permits or licenses are issued by different state government agencies and local bodies depending on the type of business activity and location. Let’s look at an example:

Certain permits especially those related to environmental regulations are issued by the state Department of Environmental Quality while other Virginia company license are issued locally. For example, businesses in the City of Norfolk or the City of Virginia Beach in the following industries will require a license or permit to operate:

• Contracting
• General Services
• Professional Services
• Financial or Real Estate Services
• Retail Merchant or Wholesale Merchant

Step-by-Step Guide to a Business License in Virginia

How do you really obtain a business license in Virginia? Which business entities require a license and which requires permits? Who is the issuing authority for these licenses? Here is a step-by-step approach towards acquiring licenses or permit in the state:

Step#1: The Industry or Business Type

The type of industry or the activities of a business entity helps in identifying the type of business license required.

Let us take a look at some examples to understand this better:

Food Services

Food services business license or permit is required for businesses that are operating in Virginia. The type of license or permit required will depend on the following:

• Full Service
• Fast Food
• Take-out
• Caterer
• Hospital
• School
• Concession
• Other types of food service

In the state of Virginia, food service establishment require a permit to operate. Apart from the permit, you need to ensure the following are in order:

• Building Permits
• VDH Permit
• Approved VDH Plan Review
• Approved equipment, supplies, food sources and signage
• Food Training

Note: Food services establishment license or permit is also issued by the City or County your establishment is based in.

• Fees: The fee varies according to the type of business activity.
• Application: License Application
• Issuance: License is issued by Virginia Department of Health

Liquor License

If you are planning to serve liquor in a restaurant or are planning to manufacture, import, export, store, sell and transport alcoholic beverages, then you will require a business license in Virginia. The licenses are categorized under:

• Banquet Licenses
• Retail Licenses
• Industry Licenses
• Permits
• Specialized Retail Licenses

• Fee: The fee for acquiring a liquor license will depend on the category of liquor business. For instance, the Annual license fee for Banquet license is $190 (Wine and beer on premises) and $500 for mixed beverages on premises. Similarly, the fee for On-Premise Retail License is nonrefundable $195 and an extra fee for type of liquor like $145 for beer and $560 for Restaurant with a seating capacity of 1–100.
• Application: Retail License Application
• Issuance: License is issued by Virginia Alcoholic Beverage Control Authority

Step#2: Licenses issued by City/County

If your business or industry type doesn’t fall under a statewide license project then you will have to check with the local city or county office. A Virginia company license can also be issued by local counties or cities in which the business is located. Let’s look at an example to understand how this works.

If you form a business in Arlington County then a company license will be issued for the following:

• Food Establishments
• Temporary Food Establishments
• Mobile Food Units
• Farmers Markets
• Water Recreation Facilities
• Hotel/Motel Permit

The fee will vary according to the type of business. For example, food establishments will require a $40 fee to the Environmental Health Program. The business license is issued by Arlington County Public Health Division.

Sample License Application – Arlington

Step#3: Issuance of a Business License

How is a business license in Virginia issued? You have to identify the following to complete the process:

1. The type of business or industry or activity
2. Do you need a single license or multiple licenses?
3. Will it be issued by the state or the city?

Once you have identified the above, all you need to do is either download the application or submit online or contact the concerned state department or city of clerk office.

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There are different types of business entities that you can form in the state including a limited liability company (LLC), a corporation, an S corporation, a limited liability partnership, and a Benefit Corporation among others. The Real Gross Domestic Product (GDP) of Virginia was $441.49 billion in 2017 as compared to $416.9 billion in 2010. The economy is thriving and it is ranked high on business climate, which are some of the many reasons to form a Virginia business. Several Fortune 500 companies are based out of the state and they are distributed over the greater D.C. area and NOVA (Northern Virginia).

We are one of the top Virginia registered agents and can assist you with the successful registration of your business entity in the state.

Let’s take a look at how you can form a Virginia business LLC or Corporation.

Virginia LLC Registration and Formation

LLC company formation in Virginia is governed by 2016 Code of Virginia, Title 13.1 – Corporations, Chapter 12 – Virginia Limited Liability Company Act. The procedure for registration and formation of LLC is as follows:

Step#1: Maintain a registered agent

If you are planning to form a Limited Liability Company in Virginia then you will be required to continuously maintain a registered agent in the state pursuant to VA Code § 13.1-1015 (2016). This law is applicable to domestic limited liability companies as well as foreign limited liability companies.

We would take this opportunity to share with you the fact that we are one of the top registered agents in the state and have been responsible for over 11,494 businesses set up in Virginia. We can assist you to form a Virginia business LLC.

Step#2: LLC Name Reservation

One of the foremost steps towards company formation in Virginia is identifying a name for your business entity. The process is as follows:

1. Identify a name for your business entity
2. According to VA Code § 13.1-1012 (2016), the name should contain the phrase or words “limited liability company” or the abbreviations “L.L.C.”, or “LLC”.
3. The chosen name should be distinguishable and should not be deceptively similar to the name of any limited partnership, corporation, or limited liability company
4. Apply for reservation of name pursuant to the provisions of VA Code § 13.1-1013 (2016)
5. Submit the form through mail with the Office of the Virginia State Corporation Commission along with the applicable fee. An LLC can reserve its name for a period of 120 days.

Step#3: Articles of Organization and Certificate of Registration

If you are planning to form a Virginia business LLC then the most important step is to prepare and file the proper documents for a Limited Liability Company. The steps are:

• If you want to register a domestic LLC then you will be required to file “Articles of Organization” governed by VA Code § 13.1-1011 (2016).
• If your business entity is a foreign LLC then you will be required to file an application for “Certificate of Registration” pursuant to VA Code § 13.1-1052 (2016).
• The application or documentation for registration of LLC can be filed with the Clerk of the State Corporation Commission, in person, through mail, or online.

We can file the form on your behalf as your registered agent in the state and provide you with certified copies of the LLC registration.

In case, you have any questions regarding how to form a Virginia business, feel free to call us on 702-871-8678.

Virginia Corporation Registration and Formation

If you are planning to form a Corporation in Virginia then it will be governed by 2016 Code of Virginia, Title 13.1 – Corporations, Chapter 9 – Virginia Stock Corporation Act. The procedure for registration and formation of a business corporation is as follows:

Step#1: Maintain a Registered Agent

If you are planning to form a business or professional corporation in Virginia then you will be required to continuously maintain a registered agent in the state pursuant to VA Code § 13.1-634 (2016). This law is applicable to domestic as well as foreign corporations.

We would take this opportunity to share with you the fact that we are one of the top registered agents in the state and have been responsible for over 11,494 businesses set up in Virginia. We can assist you to form a Virginia business as we are in compliance with all regulations in the State of Virginia.

Step#2: Corporate Name Reservation

In order to form a corporation in Virginia, one of the key steps is identifying a name for your business entity. What is the process? The process is as follows:

1. Identify a name for your business entity
2. According to VA Code § 13.1-630 (2016), a corporate name should contain the phrase or words “corporation”, “company”, “incorporated”, or the abbreviations “Corp.”, or “Inc.”
3. The chosen name should be distinguishable and should not be deceptively similar to the name of any limited liability company, limited partnership, or corporation
4. Apply for reservation of name pursuant to VA Code § 13.1-631 (2016).
5. Submit the form through mail or online with the Office of the Virginia State Corporation Commission along with the applicable fee. A business corporation can reserve its name for a period of 120 days.

Step#3: Articles of Incorporation and Certificate of Authority

If you are planning to form a corporation in Virginia, then the most important step is to prepare and file the proper documents for a business corporation. The steps are:

• If you want to register a domestic corporation then you will be required to file “Articles of Incorporation” pursuant to VA Code § 13.1-619 (2016).
• If your business entity is a foreign corporation then you will be required to file a ” Certificate of Authority” to transact business in the state pursuant to VA Code § 13.1-759 (2016).
• The application or documentation for registration of a corporation can be filed with the Clerk of the State Corporation Commission, in person, through mail, or online.

We can file the form on your behalf as your registered agent in the state and provide you with certified copies of the incorporation.

If you have any questions regarding Virginia incorporation or LLC formation, you can simply visit the Virginia Business formation page.

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Once your company is set up, you will need:

1. Tax ID (EIN) – free over the Internet or phone.
2. Yearly Requirements and Fees for Washington companies – Statement of Information is an initial statement of officers or member/managers that must be filed with the Washington Secretary of State within 90 days after filing original articles, and every year thereafter in the applicable filing period.
3. Company Minutes & Stock Certificates  are included in incorporation. You will have access to documents generated on your client account.

Washington additional services

• Registered Agent
• Annual Report
• EIN (Tax ID)
• More Additional Services

• Why Washington?
• Washington Registered Agent
• Washington Annual Requirements
• Washington Corporation Statutes: Title 23B RCW – Washington business corporation act

• Why Washington?
• Washington Registered Agent
• Washington Annual Requirements
• Washington LLC Statutes: Title 25 RCW – Chapter 25.15 (limited liability companies)