Incorporation is a necessary step for any business looking to operate in West Virginia. Once a business has incorporated, it must regularly file reports with the West Virginia Secretary of State to maintain its status.

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At times, however, businesses may need to make changes to their Articles of Incorporation, which outline the company’s purpose, structure, and financial details. If you’re a business owner in West Virginia hoping to make changes to your Articles of Incorporation, this guide will help you through the process.

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Why Amend Articles of Incorporation?

There are a few reasons a business might want to amend its Articles of Incorporation. Common reasons include changing the company’s name, adding or removing shareholders or members, modifying the company’s purpose or the classes or formulas of shares, and altering the company’s structure or location.

Sometimes, businesses must amend their Articles of Incorporation due to regulatory, contractual, or legal requirements. Milestones, such as reaching a certain amount of revenue or number of shareholders, can require changes to be made in order to adjust to new regulations.

Even if there are no major issues compelling you to update your Articles of Incorporation, it’s important to keep them as up-to-date as possible. An accurate legal framework is a necessary foundation for any thriving enterprise.

Steps to Amend West Virginia Articles of Incorporation

To amend the Articles of Incorporation in West Virginia, follow the steps below:

Step 1 – Hold a Board Meeting and Obtain Approval

Before amending the Articles of Incorporation, you must hold a meeting with your board members to discuss the proposed changes. The board then decides whether to accept or reject the changes- typically, a vote on the proposed substance of the amendment is taken.

Legally, whether a vote is required and the number of votes needed to pass the amendment may vary based on the size of the corporation. Additionally, the corporation’s governing documents may put further restrictions on the amendment process at the level of the board.

Get official record of board approval, typically in the form of a written resolution, known as a "certificate of amendment."

Step 2 – File a Certificate of Amendment

Once the board approves the proposed amendments, you need to send a Certificate of Amendment to the West Virginia Secretary of State’s office.

A Certificate of Amendment is a document filed with the Corporate Division of the Secretary of State that records what changes you have made to the previous Articles of Incorporation.

Here’s how you can file a Certificate of Amendment with the West Virginia Secretary of State:

1. Download and complete the form naming the changes you want to make with as much detail as possible.

2. Pay the required filing fee.

3. Submit all documents during suggested business working hours and certify the return service (whether confirmed by the court clerk or postal employee).

4. Wait for a confirmation response from the West Virginia Secretary of State.

The fees related to filing a Certificate of Amendment shall vary -- businesses can study fee schedules available for West Virginia’s different business types by accessing business entity.

Remember, when preparing a Certificate of Amendment, the changes cannot conflict with the corporation code provided by the state. West Virginia legislation lays out what should be written on the Certificate of Amendment, so ensure that the form complies with the standards.

Additional Considerations

After submitting the Certificate of Amendment to the Secretary of State’s office, you must file a copy to the West Virginia Department of Revenue and the West Virginia Office of the Insurance Commissioner as applicable

Conclusion

Amending the Articles of Incorporation for a business in West Virginia might seem like a difficult process, but if you follow the steps correctly, you can navigate the legal process carefully. Preparing amendments in accordance with guidelines and properly communicating the changes to interested parties illustrate your attentiveness as business owner.

Checking off required documents, applying sticker price fees, and submitting the entire package may appear lengthy as well. Businesses can consult with attorneys or accountants who specialize in amendments for Help.

Through careful attention and strategy, businesses can perform corporate actions resulting in less business disruption, economical gains by simple filing modifications.

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