Making Changes/Filing Amendments

Secretary of State Requirements

At some point during the existence of a company, changes will occur. If your business is registered with Secretary of State, some of those changes will require an administrative filing with that office. Changes to a business may include:

• Officer, director, member and/or manager changes
• Address changes
• Agent for notice of service of process changes
• Adding or withdrawing a trade name (dba)
• Change or transfer of ownership
• Change in business purpose (activity)
• Conversions*
• Mergers*

West Virginia Code requires each of these types of changes to be filed with the Secretary of State.

File the above changes* online quickly and conveniently through the One Stop Business Portal. In most cases, the Secretary of State's Office also provides forms that meet minimum state law requirements. Forms are available online through the Secretary of State Form Search.

*Note: Conversions and mergers cannot currently be filed online through the One Stop Business Portal. Please see the "Conversions/Mergers" section below for more information.

Changes, Amendments and Annual Reports

• Agent, Address and/or Officer Changes - When there is a change in agent for service of process, addresses, or officers of a company, the change must be recorded with the Secretary of State's Office. These changes may be reported by filing the Secretary of State annual report filing between January 1 and July 1 each year. If the report has already been filed on behalf of the business and changes still need to be reported, an agent, address and/or officer change must be filed. Visit the Secretary of State online for detailed agent, address and/or officer changes filing information. 

• Amendments and Corrections - When a company changes its structure, business purpose, or name, an amendment must be filed. If the company filed a document with the Secretary of State, and the filing contained errors on the part of the company, a correction must be filed to correct the error(s) made by the company. Visit the Secretary of State online for detailed amendments and corrections filing information.

• Annual Reports - Agent for service of process, address and/or officer changes may be made by filing the required Secretary of State annual report filing between January 1 and July 1 each year. No other changes, amendments or corrections to a business may be made by filing the annual report. Visit the Secretary of State online for detailed annual report filing information.

Trade Name (DBA)

• Trade Name Registration - When an entity desires to include or add a business name other than the name under which the company was formed, commonly referred to as an "assumed name" or a "DBA" (doing business as) name, a trade name (DBA) registration must be filed with the Secretary of State's Office. Visit the Secretary of State online for detailed trade name registration information.

• Trade Name Withdrawal - When an entity decides to no longer use a registered trade name (DBA), it must file a trade name (DBA) withdrawal. Visit the Secretary of State online for detailed trade name withdrawal information.

Conversions/Mergers

• Conversions - When an entity converts from one type of business structure to another type (ex: from a corporation to a limited liability company), the conversion must be filed with Secretary of State. Visit the Secretary of State online for detailed conversion filing information.

• Mergers - When two or more entities combine, or merge, the merger must be filed with Secretary of State. Visit the Secretary of State online for detailed merger filing information.

State Tax Department Requirements

Any changes or amendments made during the life of the business require administrative filing with the State Tax Department in order to update the business registration as required by law. These include the following:

• Business legal name change
• Business location (address) change
• Adding business location(s)
• Change in ownership

Visit the State Tax Department Business Registration section online for more information about filing changes to the business registration.