Whether we’re talking weather, vacations, or bags of potato chips, all good things must come to an end, and that includes agent of process duties. There are numerous reasons you might need to give up your West Virginia agent of process role, but only one way to resign.
Agents of process play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
Fortunately, the procedure for resigning from your West Virginia LLC is quick and easy.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
Time Saving Hack: You can resign as agent of process, get all state paperwork taken care of and have a replacement agent when you hire an online registered agent service.
Notifying the West Virginia LLC
West Virginia state law doesn’t require that you inform your LLC before submitting your resignation. After the Secretary of State processes your official resignation form, they will send a copy to the company. That said, letting them know ahead of time can help to facilitate a smooth transition for all parties. Giving the LLC advance notice will allow them time to plan their agent of process change, thereby avoiding potential fines and fees.
It will also relieve you of your responsibilities sooner. After it’s processed, your resignation doesn’t take effect for 31 more days unless the LLC appoints a replacement sooner. If they’ve had time to line up a successor, you can hand off your agent of process duties right away.
Submitting Your Resignation
You may be thinking ahead to your next job or project, but before you can move on, you must file a Form RRA-1: Statement of Resignation of a Registered Agent with the Secretary of State. Find it here, or by searching for it on the Secretary of State’s Form Search page.
Now that you’ve got your hands on the form, fill it out using a PDF editor (like Adobe Acrobat) or dark ink. Here’s the information you’ll need to provide:
- The LLC name
- Whether or not the registered office will be discontinued
- Your name
- Your signature
The filing fee is $15, payable by a check made out to “West Virginia Secretary of State” or credit card. All business filings must also include a “Customer Order Request” (page 3 of the form linked above), and if paying via credit card, an “e-Payment Authorization” (page 5). When you’ve finished, send your documents and payment to one of the following three offices:
One-Stop Business Center
1615 Washington Street East
Charleston, WV 25311
Fax: (304) 558-8381
North Central WV Business Center
200 West Main Street
Clarksburg, WV 26301
Fax: (304) 627-2243
Eastern Panhandle Business Center
229 E. Martin Street
Martinsburg, WV 25401
Fax: (304) 260-4360
Standard processing time for the Secretary of State’s office is 5-10 business days, unless you choose one of the three available expedited processing options: 24-hour ($25), two-hour ($250), or one-hour ($500). As we discussed earlier, you will retain your agent of process duties for 31 days unless your LLC appoints a replacement sooner. Just be aware that you may still receive service of process for up to one month after you resign.
Handing off Your Responsibilities
When you put down your agent of process responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Failure to keep the Secretary of State updated on agent of process resignations and changes can have serious consequences. The state doesn’t require businesses to have an agent for process (although it’s encouraged), but if the LLC doesn’t notify the Secretary of State of your resignation within 60 days, it can be administratively dissolved.
If the company does appoint a replacement, they must meet West Virginia’s agent of process requirements, meaning that they must:
- Be an individual or business entity residing in West Virginia
- Have a physical West Virginia address (P.O. boxes aren’t allowed)
- Have a mailing address in West Virginia
- Be authorized to do business in the state, if a foreign entity
An LLC can appoint one of its individual members as agent of process, but sometimes it can be easier and more efficient to hire a professional service instead.
We recommend using a agent of process service, which can take over agent of process duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your West Virginia LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water.
Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in West Virginia or something completely different.