Virginia, like every other state, has its own unique requirements for forming an LLC (limited liability company). Learning Virginia’s rules will help you determine if Virginia is the right state for your LLC and help you prepare for the formation process.
Naming your VA LLC
In Virginia, the name of an LLC must contain one of the following: "limited company" or "limited liability company”, "L.C.”, "LC”, "L.L.C.”, or "LLC”. The name must be distinguishable upon the records of the State Corporation Commission from that of any domestic or foreign LLC, corporation, limited partnership, or business trust, a reserved or registered name, or adopted as a designated name by a foreign entity.
The following are Virginia’s requirements for the members and managers of LLCs:
- Minimum number. An LLC must have at least one member.
- Residence requirements. Virginia does not have a provision specifying where members and managers must reside.
- Age requirements. Virginia does not have age requirements for members or managers.
- Inclusion in the Articles of Organization. Member/Manager names and addresses are not required to be listed in the Articles of Organization.
Requirements for the Articles of Organization
A Virginia LLC is formed by filing Articles of Organization and paying the required fee. Virginia does not require extensive information to be provided in the Articles. The following is among the required information:
- The LLC’s name
- The name and address of the Registered Agent
- The LLC’s principal business address — whether or not it is in Virginia
- The name and address of the organizer(s)
Every Virginia LLC must appoint and maintain a Virginia Registered Agent and a registered office where the Registered Agent can be found during normal business hours throughout the year to receive service of process and other important legal and tax documents on behalf of the LLC. The registered office must have a street address — a post office box will not do.
Professional services businesses
Virginia allows professionals, such as accountants, attorneys, and physicians, to form a professional limited liability company (PLLC).