Does West Virginia have a Certificate of Formation?
No. West Virginia LLCs file Articles of Organization on Form LLD-1 with the Secretary of State. The phrase Certificate of Formation comes from Delaware, Texas, and Washington. If a bank or another state asks for your Certificate of Formation, provide the filed LLD-1 and, if needed, a certificate of existence.
Quick facts
- Correct document
- Articles of Organization - Form LLD-1
- Not used in WV
- "Certificate of Formation" (that is Delaware, Texas, and Washington terminology)
- Agency
- West Virginia Secretary of State
- Filing portal
- WV One Stop Business Portal (business4.wv.gov)
- Annual report
- $25, filed between January 1 and July 1 (W. Va. Code §59-1-2a)
- Governing law
- WV Uniform Limited Liability Company Act, W. Va. Code ch. 31B
The same question in every other state
This requirement is set at state level, so the answer changes when you cross a state line. Below is how 27 other states answer the same question, each linked to the page that cites the agency it came from. The full breakdown is on How to Form an LLC.
| State | Answer |
|---|---|
| Arizona | No. Arizona does not use a document called a Certificate of Formation. |
| California | No. California does not use a document called a Certificate of Formation. |
| Colorado | No. Colorado does not use a document called a Certificate of Formation. |
| Connecticut | No. Connecticut does not use a document called a Certificate of Formation. |
| Florida | No. Florida does not use the term Certificate of Formation for LLCs. |
| Idaho | Not by that name. Idaho's LLC formation document is called the Certificate of Organization, filed with the Idaho Secretary of State. |
| Iowa | No. Iowa does not use a document called a Certificate of Formation. |
| Kentucky | No. Kentucky forms an LLC by filing Articles of Organization with the Secretary of State for a $40 fee. |
| Louisiana | No. Louisiana does not use the term Certificate of Formation for LLCs. |
| Maryland | No. Maryland does not use a document called a Certificate of Formation. |
| Massachusetts | No. Massachusetts does not use a document called a Certificate of Formation. |
| Michigan | No. Michigan does not use the term Certificate of Formation. |
| Minnesota | No. Minnesota does not use the term Certificate of Formation for LLCs. |
| Missouri | No. Missouri does not use a document called a Certificate of Formation. |
| Nevada | No. Nevada does not use a document called a Certificate of Formation. |
| New Mexico | No. New Mexico does not use a document called a Certificate of Formation. |
| New York | No. New York does not use the term Certificate of Formation for LLCs. |
| Ohio | No. Ohio does not use the term Certificate of Formation. |
| Oklahoma | No. Oklahoma does not use the term 'Certificate of Formation' for LLCs. |
| Oregon | No. Oregon does not use the term 'Certificate of Formation' for LLCs. |
| Pennsylvania | No. Pennsylvania does not use a Certificate of Formation. |
| South Carolina | No. South Carolina does not use the term Certificate of Formation for LLCs. |
| Tennessee | No. Tennessee does not use a document called a Certificate of Formation. |
| Utah | No. Utah does not use the term 'Certificate of Formation.' The document that forms a Utah LLC is the Certificate of Organization, filed with the Utah Division of Corporations & Commercial Code under Utah Code ยง 48-3a-201. |
| Vermont | No. Vermont creates an LLC through Articles of Organization filed with the Secretary of State under 11 V.S.A. |
| Virginia | No. Virginia does not use the term Certificate of Formation for LLCs. |
| Wisconsin | No. Wisconsin does not use a document called a Certificate of Formation. |
Full context for West Virginia
This page answers one question. The complete West Virginia guide -- covering the surrounding requirements, the forms, the agency, and what happens if you get it wrong -- is at West Virginia Certificate of Formation: What to File (2026).
Sources
- https://sos.wv.gov/business/Forms/LLD-1.pdf
- https://code.wvlegislature.gov/31B-1-108/
- https://code.wvlegislature.gov/59-1-2/
- https://business4.wv.gov/operatemybusiness/Pages/Annual-Reporting.aspx
- https://sos.wv.gov/business/updates-and-changes/annual-reports
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