What Is Needed to Start an LLC in Virginia?

Starting an LLC in Virginia isn’t complicated, but skipping one step can delay your business for weeks. You don’t need a lawyer, a big bank account, or a fancy office. You just need to know what to do, when to do it, and where to send the paperwork. If you’re thinking about launching a small business in Virginia-whether it’s a freelance design shop, a local food cart, or an online store-this is your clear, no-fluff guide.

Choose a Name That Works

Your LLC name is the first thing you’ll need to lock down. It can’t be the same as another active business in Virginia. The state checks this automatically when you file, but don’t wait until then to find out your favorite name is taken.

Here’s what you need: the name must end with LLC, L.L.C., or Limited Liability Company. No trademarks, no misleading terms like "Bank" or "Insurance" unless you’re licensed. You can search the Virginia State Corporation Commission’s database for free. Just go to their website and type in your idea. If it’s available, hold onto it. Names get snapped up fast.

Pro tip: Don’t use your personal name as the LLC name unless you’re okay with it being tied to your identity. Something like "John Smith Consulting LLC" sounds unprofessional. Try "Summit Creative Solutions LLC" instead. It’s memorable, scalable, and separates your business from your personal brand.

Appoint a Registered Agent

Every LLC in Virginia needs a registered agent. This isn’t optional. It’s the person or company that receives legal papers, tax notices, and official state mail on your behalf. If you get sued, the papers go to your registered agent-not your home address.

You can be your own registered agent if you live in Virginia and have a physical street address (no P.O. boxes). Or you can hire a professional service. Many small business owners pick a service because they travel often, work from home, or just don’t want the state sending them letters every year.

Professional agents cost between $50 and $150 a year. They’ll also scan and email you documents so you never miss a deadline. If you’re serious about keeping your business running smoothly, spend the $100. It’s cheaper than missing a compliance notice and getting fined.

File Your Articles of Organization

This is the official document that creates your LLC in Virginia. You file it with the State Corporation Commission (SCC). You can do it online or by mail. Online is faster and cheaper.

Online filing costs $100. Mail costs $100 too, but it takes 7-10 business days. Online gets processed in 1-3 days. Use the SCC’s online portal. You’ll need:

• Your LLC name
• Your registered agent’s name and address
• The LLC’s principal office address (can be your home or a commercial space)
• The names and addresses of the LLC members or managers
• A brief description of your business purpose ("any lawful purpose" works fine)

Don’t overthink the business purpose. Most people write: "To engage in any lawful business activity." That’s all the state requires. You don’t need to list every service you’ll offer.

Once you file, you’ll get an email confirmation. Keep it. You’ll need proof later when you open a bank account or apply for licenses.

Get an EIN (Employer Identification Number)

Even if you’re the only person in your LLC, you still need an EIN from the IRS. It’s free. It takes five minutes online. You’ll use it to open a business bank account, hire employees, file taxes, and apply for business credit.

Apply at irs.gov/ein. You’ll answer a few questions: your name, address, business structure, and reason for applying. The IRS gives you the number right away. Print it. Save it. Don’t wait.

Some people think they don’t need an EIN if they’re a single-member LLC. That’s wrong. Banks won’t open an account without one. Payment processors like Stripe and Square require it. You’re not saving time by skipping it-you’re just making more work later.

Open a Business Bank Account

This step separates your business money from your personal money. It’s not just good practice-it’s legally required. If you mix funds, you risk losing your LLC’s liability protection. That means your personal savings, car, or house could be at risk if your business gets sued.

Bring these to the bank:

• Your Articles of Organization (filed and approved)
• Your EIN confirmation letter
• Your government-issued ID
• Your LLC operating agreement (if you have one)

Most banks offer free business checking accounts for small businesses. Look for ones with no monthly fees, free online transfers, and no minimum balance. Chase, Wells Fargo, and local credit unions all have good options.

Pro tip: Don’t use your personal account to pay for business expenses-even if it’s just coffee or a printer cartridge. Keep receipts. Keep records. It makes tax season way easier.

Write an Operating Agreement

Virginia doesn’t require you to file an operating agreement. But you still need one. It’s the rulebook for how your LLC runs. Who owns what? How are profits split? What happens if someone quits or dies? Without it, Virginia’s default rules apply-and they might not match your plans.

If you’re the only member, your agreement can be simple: "I own 100% of the company. I make all decisions. I get all profits." If you have partners, get it in writing. Include:

• Ownership percentages
• Decision-making rules
• How new members join
• How profits and losses are distributed
• What happens if someone wants to leave

You can find free templates online from legal sites like LegalZoom or Rocket Lawyer. Customize them. Don’t copy-paste. If you’re unsure, spend $200 on a lawyer for one hour. It’s cheaper than a lawsuit later.

Check for Business Licenses and Permits

Virginia doesn’t have a statewide business license. But your city or county might. Some industries require special permits too.

For example:

• If you sell food: you need a health department permit
• If you do home remodeling: you need a contractor’s license
• If you sell alcohol: you need a liquor license from the ABC Board
• If you have employees: you need workers’ compensation insurance

Go to virginia.gov and search for "business licenses by locality." Enter your city or county. The site will show you exactly what you need. Most fees are under $100. Some are free.

Don’t assume your LLC registration covers everything. A lot of new business owners get fined because they started selling before they got the local permit.

Register for State Taxes

If your LLC makes money in Virginia, you need to register for state taxes. This includes sales tax, employer withholding tax, and unemployment insurance tax.

Go to the Virginia Department of Taxation’s website. Use their online system to register. You’ll need your EIN and your LLC’s formation date. The system will tell you which taxes apply to you.

If you sell physical goods or certain digital products, you must collect sales tax. The rate varies by city-from 4.3% to 7%. You’ll file monthly, quarterly, or annually, depending on your sales volume.

Even if you think you won’t make much, register anyway. The state doesn’t care if you’re small. They care if you’re collecting tax and not reporting it.

Keep Records and File Annual Reports

Virginia requires every LLC to file an annual report. It’s due the last day of the month your LLC was formed. For example, if you filed on March 15, your report is due March 31 every year.

The fee is $50. You file online through the SCC portal. You’ll update your registered agent, principal address, and member info. If you don’t file, your LLC gets administratively dissolved. That means you lose your legal protection. Your business becomes a sole proprietorship by default.

Set a calendar reminder. Mark it. Don’t wait. Most people forget until they get a notice from the state saying their LLC is suspended. Fixing that costs $100 extra and takes weeks.

What You Don’t Need

Let’s clear up some myths:

• You don’t need a business plan to form an LLC. (But you should write one to run your business well.)
• You don’t need a commercial address. Your home address works.
• You don’t need to hire an accountant right away. Use free tools like Wave or QuickBooks Self-Employed.
• You don’t need to trademark your name. It’s optional and expensive. Only do it if you’re planning to expand nationally.

Focus on the seven steps above. Everything else comes later.

How Long Does It Take?

If you do everything right:

• Day 1: Choose name and appoint agent
• Day 2: File Articles of Organization (online)
• Day 3: Get EIN
• Day 4: Open bank account
• Day 5: Get local permits
• Day 6: Write operating agreement
• Day 7: Register for taxes

You can be fully set up in under a week. Most people take two weeks because they delay one step. Don’t be one of them.

What Happens If You Skip Something?

Skipping the EIN? You can’t open a business bank account. You can’t use payment processors.

Skipping the annual report? Your LLC gets suspended. You lose liability protection. Your personal assets are at risk.

Skipping local permits? You can be shut down. Fines start at $250 and go up.

Skipping the operating agreement? Partners fight. Courts decide. You lose control.

Every step exists for a reason. Don’t cut corners. It’s not worth the risk.

Next Steps

Now that you know what’s needed, start with the Articles of Organization. File it online today. Then get your EIN. Open your bank account. The rest will follow. Don’t wait for perfect. Start with what you have. Virginia makes it easy-so don’t overcomplicate it.