Homepage Official West Virginia Cf 1 Template in PDF

Key takeaways

Filling out the West Virginia CF-1 form is a crucial step for corporations looking to operate in the state. Here are key takeaways to consider:

  • Original Submission: You must submit one original form. If you want a stamped copy returned, include a second original.
  • Filing Fees: The fee is $100 for profit corporations and $50 for non-profit corporations. Ensure that this payment is included with your submission.
  • Certificate of Existence: A Certificate of Existence from your home state, dated within the current tax year, is required. This document verifies that your corporation is in good standing.
  • Name Availability: Before completing the form, check if your corporate name is available in West Virginia. This can be done by contacting the Secretary of State's office.
  • Agent of Process: Designate an agent for service of process. This can be a person or business, and they do not need to have a West Virginia address.
  • Purpose of Business: Clearly state the purpose for which your corporation will conduct business in West Virginia. This should be concise and straightforward.
  • Contact Information: Provide a valid email address for future correspondence. This will help facilitate communication regarding your application.
  • Signature Requirements: The form must be signed by an individual with authority to do so. Ensure that the signer’s name and title are clearly printed.

By keeping these points in mind, you can navigate the process of filling out the CF-1 form more effectively. Proper preparation can help avoid delays and ensure compliance with West Virginia's regulations.

Misconceptions

Understanding the West Virginia CF-1 form can be challenging due to several misconceptions. Here are eight common misunderstandings clarified:

  • Misconception 1: The CF-1 form is only for profit corporations.
  • This is incorrect. The form is applicable for both profit and non-profit corporations. The fee structure reflects this, with different fees for each type.

  • Misconception 2: A Certificate of Existence is optional.
  • In reality, a Certificate of Existence from your home state is mandatory. This document must be dated within the current tax year and accompanies the CF-1 form.

  • Misconception 3: You can use any name for your corporation in West Virginia.
  • This is not true. The name must be distinguishable from existing corporations in West Virginia. If the home state name is not available, a DBA (Doing Business As) name must be adopted.

  • Misconception 4: You do not need to specify the purpose of your business.
  • It is essential to provide a clear and brief description of your business purpose. This information is a required part of the CF-1 form.

  • Misconception 5: The registered agent must be a West Virginia resident.
  • While having a local agent can be beneficial, it is not a requirement. The agent can be an individual or business located outside of West Virginia.

  • Misconception 6: Filing the CF-1 form guarantees immediate approval.
  • Approval is not guaranteed. Incomplete applications or issues with name availability can lead to rejection. It’s important to ensure all information is accurate and complete.

  • Misconception 7: You cannot change your registered agent after filing.
  • This is false. You can change your registered agent by submitting a separate application to the Secretary of State, although a fee will apply.

  • Misconception 8: You can submit the CF-1 form without a signature.
  • A signature is required on the CF-1 form. The individual with signing authority must sign and date the form for it to be valid.

Similar forms

The West Virginia CF-1 form is similar to the Certificate of Incorporation, which is a foundational document for establishing a corporation. This document outlines the corporation's name, purpose, and structure. Like the CF-1, the Certificate of Incorporation requires specific information about the corporation, such as the names of its directors and the registered office address. Both documents serve as essential legal filings that allow a business to operate within their respective jurisdictions, ensuring compliance with state regulations.

Another document comparable to the CF-1 is the Certificate of Good Standing. This certificate verifies that a corporation is authorized to conduct business in its home state and has met all necessary legal obligations. Similar to the CF-1, the Certificate of Good Standing requires up-to-date information about the corporation, including its status and compliance with state laws. Both documents are often required when a corporation seeks to expand its operations into other states, such as West Virginia.

The Articles of Organization is another document that shares similarities with the CF-1 form, particularly for limited liability companies (LLCs). This document outlines the creation of the LLC and includes essential details like the name, purpose, and registered agent. Like the CF-1, the Articles of Organization must be filed with the state to legally establish the entity. Both documents serve to formalize the business's existence and provide a framework for its operations.

In the realm of business documentation, it’s essential to understand the various forms that facilitate operational legitimacy, such as the Employment Verification Form. This specific form, which can be referenced at https://toptemplates.info, plays a pivotal role in confirming the employment status of individuals and is crucial for numerous processes including background checks and loan applications.

The Application for a Business License is also akin to the CF-1 form, as it is necessary for a business to operate legally within a specific locality. This application typically requires information about the business's name, address, and nature of operations. Similar to the CF-1, the business license application ensures that the entity complies with local regulations and is authorized to conduct its activities within the jurisdiction.

The Statement of Information is another document that bears resemblance to the CF-1 form. This document is often required periodically to update the state on a corporation’s key details, such as its address and officers. Like the CF-1, the Statement of Information helps maintain transparency and ensures that the corporation remains in good standing with state authorities. Both documents are vital for ongoing compliance and operational legitimacy.

Lastly, the Certificate of Assumed Name, also known as a DBA (Doing Business As) certificate, is similar to the CF-1 in that it allows a corporation to operate under a name different from its registered name. This document must be filed with the state to ensure that the assumed name is not already in use and complies with state naming regulations. Like the CF-1, the Certificate of Assumed Name is an important step for businesses looking to establish their presence in a new market while adhering to legal requirements.

Key Facts about West Virginia Cf 1

What is the West Virginia CF-1 form?

The West Virginia CF-1 form is an application for a Certificate of Authority, which allows a corporation that is incorporated in another state to legally conduct business in West Virginia. This form is essential for both profit and non-profit corporations seeking to operate within the state.

What are the fees associated with filing the CF-1 form?

The filing fee for the CF-1 form is $100 for profit corporations and $50 for non-profit corporations. If you wish to receive a stamped copy of the filed form, you must submit two original applications along with the appropriate fee.

What additional documentation is required to accompany the CF-1 form?

A Certificate of Existence or Certificate of Good Standing from your home state is required. This document must be dated within the current tax year. It verifies that your corporation is in good standing and eligible to conduct business in West Virginia.

How can I check if my corporate name is available in West Virginia?

You can check the availability of your corporate name by calling the Corporations Division at 304-558-8000. If the name is available, you may reserve it for 120 days by filing a name reservation application, which incurs a $15 fee.

What should I do if my corporate name is not available?

If your desired corporate name is not available, you will need to choose a different name or use a "Doing Business As" (DBA) name. In this case, a resolution from your board of directors adopting the DBA name must be included with your application.

Is there a requirement for a registered agent in West Virginia?

Yes, you must designate a registered agent for your corporation in West Virginia. This can be an individual or a business entity authorized to conduct business in the state. The agent will receive legal documents on behalf of your corporation.

What if my business is a Scrap Metal Dealer?

If your business operates as a Scrap Metal Dealer, you must answer "Yes" to the relevant question on the CF-1 form and complete the Scrap Metal Dealer Registration Form (Form SMD-1). This form must be submitted alongside your application.

What happens if I submit an incomplete application?

Incomplete applications will be returned, which may delay your ability to conduct business in West Virginia. It is crucial to ensure that all sections of the CF-1 form are filled out accurately and that all required documents are included in your submission.

Where should I send the completed CF-1 form?

You can mail or deliver the completed CF-1 form, along with all required documentation, to the Secretary of State's office at the following address: Natalie E. Tennant, Secretary of State, 1900 Kanawha Blvd E., Bldg 1, Suite 157-K, Charleston, WV 25305.

Preview - West Virginia Cf 1 Form

Natalie E. Tennant

Secretary of State

1900 Kanawha Blvd E.

Bldg 1, Suite 157-K

Charleston, WV 25305

FILE ONE ORIGINAL

(Two if you want a filed stamped copy returned to you)

FEE: $100.00 for profit $50.00 non-profit

Penney Barker, Manager

Corporations Division

Tel: (304)558-8000

Fax: (304)558-8381

www.wvsos.com

Hrs: 8:30 a.m. – 5:00 p.m. ET

CERTIFICATE OF

AUTHORITY

Control #________________

****A CERTIFICATE OF EXISTENCE, dated during the current tax year, from your home state****

of original incorporation is required to accompany this filing.

1. Home State Information:

 

a. The name of the corporation as it is

 

registered in its home state is:

_______________________________________________

b.State of ______________ Date of Incorp: _____________ Duration (no. yrs or perpetual) __________

c.NAIC# (if an insurance company) __________________________________

2.Principal Office Information:

a.Address of the principal office of No. & Street: ____________________________________

the corporation:

 

City/State/Zip:

____________________________________

b. Mailing address, if different,

Street/PO Box: ____________________________________

from above address:

 

 

 

City/State/Zip:

____________________________________

3.West Virginia Information:

a. Corporate name to be used in W. Va.:

Check one

(Note, you may only select DBA if your name is not available for use in WV.)

Home state name as listed on line 1.a above, if available

DBA Name: ___________________________________

b. Address of registered office in West No. & Street: _____________________________________

Virginia if any:

City/State/Zip: _____________________________________

c.Mailing address in WV, if different Street/PO Box: _____________________________________

from above:

 

City/State/Zip:

_____________________________________

4. Agent of Process:

Name:

_____________________________________

Properly designated person to whom

 

 

notice of process may be sent, if any:

Address:

_________________________________________

 

City/State/Zip:

_________________________________________

Form CF-1

Issued by the Office of the Secretary of State

Revised 05/12

Application for Certificate of Authority

Page 2

5.Proposed purpose(s) for transaction of business in West Virginia is:

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

6.Is the business a Scrap Metal Dealer?

Yes [If “Yes,” you must complete the Scrap Metal Dealer Registration Form (Form SMD-1) and proceed to question 7.].

No [Proceed to question 7.]

7.E-mail address where future correspondence can be received: ________________________________

8.Website address of the business, if any: _________________________________________________

9.Corporate Status Information:

a. Corporation is organized as (check one):

 

For Profit

.

 

Non-Profit

 

 

 

b. Officers and Directors: (add additional pages if necessary; please list all officers)

Officer Title

Officer Name

Address

______________________ _____________________________ ______________________________

______________________ _____________________________ ______________________________

______________________ _____________________________ ______________________________

______________________ _____________________________ ______________________________

______________________ _____________________________ ______________________________

______________________ _____________________________ ______________________________

______________________ _____________________________ ______________________________

______________________ _____________________________ ______________________________

______________________ _____________________________ ______________________________

Form CF-1

Issued by the Office of the Secretary of State

Revised 05/12

Application for Certificate of Authority

Page 3

10.The number of acres of land it holds or expects to hold in West Virginia is: __________________

11.Contact and Signature Information:

a.

____________________________________________ ___________________________________

 

Contact Name

Phone Number

b.

____________________________________________ ___________________________________

 

Print or type name of signer

Title / Capacity of Signer

c.

_____________________________________________ __________________________________

 

Signature

Date

Form CF-1

Issued by the Office of the Secretary of State

Revised 05/12

Instructions for Filing an Application for Certificate of Authority

Check for availability of the corporate name in West Virginia. Preliminary information is available by phone at 304-558-8000. To reserve your name, file an application for name reservation with a $15 fee. If approved, the name will be held for 120 days. If an insurance company, list your NAIC number, if you have one. Insurance companies are subject to and must adhere to the naming provisions of WV Code §33- 1-12.

Obtain a Certificate of Good Standing or Certificate of Existence from your home state of original incorporation dated during the current tax year.

Pursuant to West Virginia Code §33-3-3 the Secretary of State shall not issue a certificate of incorporation to any insurance company until the West Virginia Insurance Commissioner has examined the charter of the insurance company and approved same in writing. If the application is for a currently licensed insurance company, please submit a copy of the Certificate of Authority issued by the West Virginia Insurance Commissioner for your current tax year. If the application is from an insurance company with a pending license review before the West Virginia Insurance Commissioner, please submit a copy of the written approval of the charter from the Office of the Insurance Commissioner. Submitting a copy of the Certificate of Authority issued by the West Virginia Insurance Commissioner or copy of the written approval of the charter, whichever is applicable, at the time of filing will avoid denial of the application by the Secretary of State.

Complete one copy of the application according to the instructions below. If you would like a filed copy returned to you then submit two original applications. Incomplete applications will be returned.

Mail or deliver to the Secretary of State the following as a packet:

Certificate of Existence/Good Standing, dated during the current tax year, from the original State of Incorporation,

Original application(s) for Certificate of Authority, signed by an officer of the corporation,

A resolution of your board of directors adopting DBA Name if your home state name isn’t available in West Virginia,

Insurance companies include a copy of the Certificate of Authority issued by the WV Insurance Commissioner for your current tax year or a copy of the written approval of the charter from the Offices of the West Virginia Insurance Commissioner,

Scrap Metal Dealers must also include a completed Scrap Metal Dealer Registration Form (Form SMD-1) [per revised West Virginia Business Code §61-3-49-(b)(4)] and submit with the application.

Completing the Application

Section 1. a. The name entered here must match the name on your good standing certificate. b. Even if your corporation is not perpetual in your home state, remember that your

responsibilities for tax reporting in West Virginia will not end until you file a certificate of withdrawal.

c. If an insurance Company, list your NAIC number, if your have one.

Section 2. a. The principal office address whether it is in West Virginia or out-of-state. b. A mailing address, if different, from principal office address.

Form CF-1

Issued by the Office of the Secretary of State

Revised 05/12

Section 3. a. More applications are rejected due to invalid name selection than any other reason.

Please read carefully!

Is your name available? The name of a corporation shall not be the same as, and shall be distinguishable from any other name which has been reserved or filed. The “distinguishable” standard is defined as meaning (a) at least one word difference when the words are common terms and the company is or might appear to be in a similar business; or (b) at least a word order difference between names when the different word is a proper name or an unusual term, or when the company is clearly in a different type of business from the existing company.

If your home state name is available, but does not include a corporate suffix such as “Inc.” or “Corp.”…. enter your corporate name on the second line and add a corporate suffix.

If your home state name is not available…attach a resolution of the board of directors adopting an

available fictitious name for use to transact business in West Virginia an enter the name on 3.a. “DBA” (doing business as name)

Does your name misrepresent the purpose of your corporation? The name of a corporation may not contain any word or phrase which indicates or implies it is organized for any purpose other than one or more of the purposes in its articles of incorporation.

Banking and Insurance: Words implying the business of banking or insurance may only be used if the corporation is authorized under the laws of this state to engage in those businesses.

Engineering: Words such as “engineer” or “engineering” may be used only if the purpose of the corporation is to practice professional engineering and one or more of the officers are registered in West Virginia as a professional engineer. Authorization from the WV State Board of Professional Engineers is required.

Professional Corporation: If the home state name includes the abbreviation “P.C.” in the corporate name (indicating a “Professional Corporation”) the words “Professional Corporation” must be spelled out in full to be eligible to file in State of West Virginia.

b. & c. Enter the mailing address of the registered office in WV, if any.

Section 4. Provide the name and address of a person or business to whom a summons or complaint may be mailed, if any. The agent need not have a West Virginia address. You may change your agent by filing with the Secretary of State an application to appoint or change address, agent or officer [Form AAO] (fee $15).

Section 5. State your purpose briefly and clearly.

Section 6. If the business activities include “Scrap Metal Dealer”, select “Yes” and complete the Scrap Metal Dealer Registration Form (Form SMD-1) and submit with your application. Proceed to question 7. If “No,” proceed to question 7.

Section 7. List a valid e-mail address where future correspondence can be received.

Section 8. List the website address of the business, if any.

Section 9. a. Check whether the corporation is organized for profit or non-profit purposes.

b. List the names of the officers and directors and their addresses or business addresses. (attach additional pages if necessary.

Section 10. Enter the number of acres the company desires to hold in West Virginia. If your company holds more than 10,000 acres of land, you must submit a fee of 5¢ per acre over 10,000.

Section 11. a. Listing the name of a contact person is optional; however, listing one may speed up the filing process and avoid a possible rejection of the filing if there appears to be a problem with the filing.

b. Print the name of the person signing and list the title/capacity c. Individual with signature authority must sign and date the form.

Form CF-1

Issued by the Office of the Secretary of State

Revised 05/12

NOTICE: WV Code §59-1-2a. requires every foreign corporation (both for profit and non-profit) to file an annual report and pay the annual report filing fee between January 1 and July 1 of each year following the calendar year in which the business was registered with the Office of the Secretary of State. Failure to file may result in revocation of certificate of authority. Notification of the filing requirement will be sent, but the company is responsible for filing the annual report as required by West Virginia Code. You may file the annual report online at www.business4wv.com. You must register a User Account Login ID and Password to create a personal “Filing Cabinet” to file the annual report.

Registration fee:

 

_________________ For Profit Corporations – $100

 

 

Non-Profit Corporations - $50

Excess Acreage fee: +

_________________

$15 per certified copy: _________________

Total fee:

=

_________________

Make your checks payable to West Virginia Secretary of State.

CHARITABLE REGISTRATION: If your company receives contributions, donations or grants, registration as a charitable organization may be required. Contact our office for more information or visit our website at www.wvsos.com.

TEXT ALERTS: Stay up-to-date regarding filing deadlines and changes to business, charity, notary, private investigation, and security guard laws. To sign up, go to www.wvsos.com and click on “text alert – sign up” at the top of the page. Next, under the heading, “Choose SMS Subscription,” click the down arrow and select “Business and Licensing.” Then enter your ten-digit mobile phone number and your cellular carrier. Click Subscribe. This will allow you to get important information delivered right to your mobile phone. Please note, standard text messaging rates apply and you may unsubscribe at any time.

WITHDRAWAL: A foreign corporation is a legal entity which can only withdraw its certificate of authority through formal action – not by a letter or phone call. You remain liable for all taxes, assessments, fines, penalties and interest until you receive a certificate of withdrawal from the Secretary of State. Contact us for more information.

Form CF-1

Issued by the Office of the Secretary of State

Revised 05/12

Documents used along the form

The West Virginia CF-1 form is an important document used for applying for a Certificate of Authority to conduct business in the state. Along with this form, several other documents may be required or beneficial for a complete application. Below is a list of common forms and documents that are often used in conjunction with the CF-1 form. Each item is briefly described to provide clarity on its purpose and importance.

  • Certificate of Existence/Good Standing: This document verifies that a corporation is legally registered and compliant with the regulations of its home state. It must be dated during the current tax year and accompanies the CF-1 form.
  • Application for Name Reservation: If the desired corporate name is not available in West Virginia, this application allows a business to reserve a name for 120 days, ensuring it can be used once the CF-1 is filed.
  • Scrap Metal Dealer Registration Form (Form SMD-1): Required for businesses engaged in scrap metal dealing, this form must be completed and submitted alongside the CF-1 if applicable.
  • Resolution of the Board of Directors: This document is necessary if a business needs to adopt a "Doing Business As" (DBA) name. It shows that the board has approved the use of the alternative name.
  • Certificate of Authority from the West Virginia Insurance Commissioner: For insurance companies, this certificate confirms that the company is authorized to operate in West Virginia and must be submitted with the CF-1 form.
  • Written Approval of Charter: If an insurance company is undergoing a license review, this document from the West Virginia Insurance Commissioner indicates approval of the company's charter, which should accompany the CF-1.
  • Contact Information Form: Although optional, providing a contact person’s information can expedite communication and help resolve any issues that may arise during the filing process.
  • Corporate Bylaws: While not always required, these internal rules governing the management of the corporation may be requested to ensure compliance with state regulations.
  • List of Officers and Directors: This document provides details about the corporation's leadership, including names and addresses, and is necessary for the CF-1 application.
  • California Trailer Bill of Sale: Similar to the CF-1 form, this document is essential for the transfer of ownership and is required for registering a trailer. More information can be found at https://smarttemplates.net/fillable-california-trailer-bill-of-sale/.
  • Business Purpose Statement: A clear statement outlining the intended business activities in West Virginia is crucial for the CF-1 form, helping to define the scope of operations.

Gathering these documents can streamline the application process and help ensure compliance with state regulations. It is advisable to review all requirements carefully before submission to avoid delays or complications. Proper preparation can lead to a smoother transition into doing business in West Virginia.