As soon as you have an idea for a new business, your mind may begin racing with ideas and questions. In West Virginia, small businesses like yours are critical to the economy and continue to grow.
But before you jump into business ownership, there are a series of processes to follow, including registering your business. To do so, you need to have a name in mind for your business.
This name not only needs to represent your services or products, but it must also be available in West Virginia. In other words, no other business can have the same name in the state. We’ll explain how to check on business name availability in West Virginia.
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How to check business name availability in West Virginia
As mentioned, you can’t just pick any name for a West Virginia business, it must be unique and available. How do you find out if a certain name is available? Here’s how:
1. Go to the West Virginia Secretary of State website
Most state websites have a business name search tool, or an entity search tool, on the secretary of state’s website and West Virginia is no different. Visit the Secretary of State website and find the search tool to conduct your search.
2. Run the search
You’ll use this search tool to see if there are any other businesses with the name you want. You’ll simply enter the business name into the search tool and see if it returns any results. If there are matches, the name is taken. If there are no returned matches, you can use the name.
As mentioned, it’s a good idea to have several names to check – just in case one or two of them are already taken.
Remember, names must be distinguishable, so you can’t make a small tweak to a name that’s already taken and call it your own.
3. Consider reserving a name
After running a West Virginia business name search, you have two options: You can reserve a name or you can register the name. You should reserve the name if you aren’t planning to set up the business immediately.
West Virginia allows business owners to reserve a name for 120 days for $15.
To do so, you’ll fill out a quick form and provide the payment.
Again, you don’t need to reserve a name if you plan to officially set up your business with the state of West Virginia, but if you’re just doing some homework and plan to set up your business later, reserve the name now so it’s not taken when you’re ready.
4. Check domain name availability
We created a tool that makes it easy.
How to name your West Virginia business
Now that you know a little more about the business landscape in the state, it’s time to start generating a list of names for your business. To do so, follow these steps:
1. Write down basic details about your business
Start by creating a verbal picture of your business. Think about what your business will offer and who it will serve. Will you sell a specific product or service? Who’s going to buy it? Jot down a few details about your company as a starting point.
Next, start creating a list of adjectives that describe your business. Think in terms of keywords. What keywords would your customer use to find the product or service that you offer? Write them down.
2. Stay away from initials and hard-to-say words
There are plenty of businesses that include initials, like A&J Plumbing, but consider upping your game with something a bit more creative and descriptive.
The same goes for names that are hard to say. If your last name is Stackowaski, for example, it’s not conducive to a business name because it’s too hard to pronounce.
3. Don’t pigeon-hole your business
Be careful not to select a name that limits your company’s potential growth. Think about where your business will be in five, ten, even twenty years, and take that into consideration when creating a name.
A company named Bob’s Bargain Books, for example, is a good name, but what if they plan to sell vintage records and cassettes down the road? The name only refers to books, so when vintage music is added people won’t associate it with the store.
4. Consider using a name generator
At this point, you probably have a list of a few ideas. Rather than brainstorm a bunch of different combinations, why not try a name generator? You simply enter a few of the adjectives that you came up with into the search bar and you’ll get a list of possible names.
Name generators can take some of the hassles out of creating a name. Most name generators will only show you available names too, which is helpful.
Check out some of Namechk’s name generators below:
What kind of business structure is right for your West Virginia company?
As you research available business names in West Virginia, you’ll also want to think about what kind of business you want to establish. There are a handful of options to choose from, but some of the most common are Sole proprietorship and LLC.
- A sole proprietorship is ideal for small businesses with no employees that want to test their business out. There’s virtually no paperwork to set up this kind of business, which is a plus. However, a sole proprietorship is not a separate business entity, which means you’re financially and legally responsible for any problems that might arise.
- An LLC, or limited liability company, provides a certain amount of liability protection. Your personal assets and your business are separate with this business structure, which means if the business is sued or goes bankrupt, you will not be forced to use your personal cash reserves to bail the business out.
Steps to register your West Virginia business
Ready to set up your business in WV? Here’s what you do:
1. File your Articles of Organization
Visit the West Virginia Secretary of State website and fill out the Articles of Organization. To fill this out, you’ll need to have an available business name, address, and contact information.
2. Name a registered agent
You’ll also need to name a registered agent. A registered agent is the point-person for your company who will receive important documents like tax notices or legal documents.
A registered agent must be trustworthy and be available during regular business hours when documents are delivered. The business owner can serve as the registered agent in West Virginia, or another person or company can be named.
You might decide to name your accountant or co-founder, for example. You can also hire a registered agent service to serve in this role. Northwest Registered Agent, ZenBusiness, and Bizee are a few examples. These companies will receive documents on your behalf and notify you of their arrival.
3. Pay the filing fee
Every state charges a filing fee to file LLC formation documents with the government. In West Virginia, the cost is $100.
4. Wait for approval
West Virginia will review your application and typically provides approvals within five business days. Once approved, your business is officially set up.
5. Look into necessary business licenses
West Virginia has several state and local rules and regulations that businesses will need to comply with. Some examples may include:
- Business Licenses – There is no state-wide requirement in West Virginia, but many cities do require business licenses. You will need to check any city where you will be operating for their individual requirements.
- Business Registration Certificates – The West Virginia State Tax Department requires businesses to obtain a Business Registration Certificate in order to register for a Sales Tax Permit.
- Professional Licensing – Some jobs, like accountants or massage therapists, may require individual licenses. While this is for individuals, businesses that employ them must prove they are properly licensed.
- Zoning – Before starting any business, even if it is out of your home, it’s important to check local zoning regulations.
Our picks of the best registered agent services
West Virginia small business facts
Before you start considering business name availability in West Virginia, take a look at these small business statistics from the U.S. Business Administration:
- West Virginia small businesses employed 269,789 people, or 49.1 % of the private workforce, in 2017.
- Firms with fewer than 20 employees have the largest share of small business employment.
- The number of proprietors increased in 2018 by 1.8% relative to the previous year.
- Small businesses created 4,270 net jobs in 2019. Firms employing fewer than 20 employees experienced the largest gains, adding 3,005 net jobs. The largest losses were in firms employing 100 to 499 employees, which lost 406 net jobs.
- The median income for self–employed individuals at their own incorporated businesses was $40,071 in 2018. For self– employed individuals at their own unincorporated firms, median income was $21,585.
- In the fourth quarter of 2019, West Virginia grew at an annual rate of -0.1%, which was slower than the overallUS growth rate of 2.1%. West Virginia’s 2019 overall growth rate of 1.0% was down from the 2018 rate of 2.3%.
- In April 2020, the unemployment rate was 15.2%, up from 4.7% in April 2019. This was above the April 2020 national unemployment rate of 14.7%.
- Private-sector employment decreased 16.5% during the 12-month period ending in April 2020. This was below the increase of 0.4% during the prior 12-month period.
FAQs
To further help entrepreneurs, check out these frequently asked questions about starting a business in West Virginia:
Why is it so important to check on business name availability?
West Virginia will not allow two businesses in the state to have the same name. There are many reasons for this, but at its core, it’s to avoid any confusion. For example, if someone plans to sue Bob’s Fruit Stand and there are two of these companies in the state, things can get complicated quickly.
All businesses must have a unique name. And, you can’t just add a hyphen to a name to make it different. Each name must be “distinguishingly different.”
Is my business name legally protected?
Registering your name with the state of West Virginia means that no one else in the state can use the same name or a name it can be easily confused with. However, that does not mean that other businesses elsewhere can’t use this name, or that it is legally protected. In order to stop others from using your name, you will need to obtain a trademark.
The U.S. Patent and Trademark Office (USPTO) manages the registration of trademarks for business names, slogans, and logos.
What’s an EIN?
An Employer Identification Number, or EIN, is a nine-digit number used to uniquely identify your business for tax purposes. This can also be called a Federal Employer Identification Number (FEIN) as it is used by the IRS to identify any business operating in the United States. Businesses use this number when paying payroll taxes, filing tax returns, and more. The EIN acts like a Social Security Number does for individuals.
Does every business in West Virginia need an EIN?
Most businesses do need an EIN, including partnerships, corporations, and most LLCs or sole proprietorships with employees. A single-member LLC or sole proprietorship with no employees does not need an EIN, and the owner’s personal social security number is instead used to identify the business.
How can I get an EIN?
To file for an EIN, you can use the IRS website and receive your number immediately. It can also be registered by mail or faxed using IRS Form SS-4.
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