Business Law · West Virginia
LLC Operating Agreement for West Virginia
Powered by AI. Reviewed by a real West Virginia-aware attorney. First 2 documents free, then $249 flat — attorney-reviewed.
AI can make mistakes. Every Nexora document is a draft until a licensed attorney reviews, edits, and signs off. Nothing on this page is legal advice.
What is a Operating Agreement?
An LLC Operating Agreement is the internal rulebook for a limited liability company. It defines who owns what, how decisions are made, how profits are distributed, and what happens when a member leaves, dies, or the company is sold.
Who needs one in West Virginia?
Every multi-member LLC and most single-member LLCs. Even when {STATE} doesn't legally require one, banks, investors, and courts expect to see it.
What a West Virginia Operating Agreement must cover
- Member ownership percentages and capital contributions
- Voting rights and decision-making thresholds
- Profit and loss allocation and distribution timing
- Manager-managed vs. member-managed structure
- Transfer restrictions and right-of-first-refusal on member interests
- Buy-sell provisions covering death, disability, divorce, and bankruptcy
- Dissolution and winding-up procedures consistent with West Virginia LLC Act
Why attorney review matters in West Virginia
An Operating Agreement that contradicts West Virginia's LLC Act gets overridden by the default state rules — usually in the way you don't want. A licensed attorney makes sure your tailored terms actually stick, your buy-sell mechanics work, and the agreement gives you the asset-protection benefits an LLC is supposed to provide.
Ready to draft your West Virginia Operating Agreement?
First 2 documents free, then $249 flat — attorney-reviewed.
Your first 2 documents are free. Every draft is reviewed and signed off by a licensed attorney before delivery.
FAQ
Is an Operating Agreement required in West Virginia?
Some states require one in writing, others don't, but without one your LLC defaults to West Virginia's statutory rules — which usually means equal voting and equal distributions regardless of what the members actually contributed.
Single-member LLC — do I still need one?
Yes. A written Operating Agreement is what separates you from the LLC for liability and tax purposes. Without it, courts can ignore the LLC shield (called 'piercing the veil').