West Virginia Merger Information
Mergers are business agreements designed to combine two or more entities into a single surviving entity.
This process is complex and typically involves filing applications with several government agencies.
See the information below for details on filing merger documents with the secretary of state.
For Domestic Corporations:
Agency: | West Virginia Secretary of State - Business and Licensing Division |
Form: | The state does not issue a form for mergers. |
Agency Fee: | $25 for the first two companies + $15 per additional entity. |
Notes: | Use the statutory instructions to create a draft of merger documents, then file these documents along with the required fee. |
For Foreign Corporations:
Agency: | West Virginia Secretary of State - Business and Licensing Division |
Form: | The state does not issue a form for mergers. |
Agency Fee: | $25 for the first two companies + $5 per additional entity. |
Notes: | Use the statutory instructions to create a draft of merger documents, then file these documents along with the required fee. |
For Domestic Limited Liability Companies:
Agency: | West Virginia Secretary of State - Business and Licensing Division |
Form: | The state does not issue a form for mergers. |
Agency Fee: | $25 for the first two companies + $15 per additional entity. |
Notes: | Use the statutory instructions to create a draft of merger documents, then file these documents along with the required fee. |
For Foreign Limited Liability Companies:
Agency: | West Virginia Secretary of State - Business and Licensing Division |
Form: | The state does not issue a form for mergers. |
Agency Fee: | $25 for the first two companies + $5 per additional entity. |
Notes: | Use the statutory instructions to create a draft of merger documents, then file these documents along with the required fee. |
For Domestic Nonprofit Corporations:
Agency: | West Virginia Secretary of State - Business and Licensing Division |
Form: | The state does not issue a form for mergers. |
Agency Fee: | $25 for the first two companies + $15 per additional entity. |
Notes: | Use the statutory instructions to create a draft of merger documents, then file these documents along with the required fee. |
For Foreign Nonprofit Corporations:
Agency: | West Virginia Secretary of State - Business and Licensing Division |
Form: | The state does not issue a form for mergers. |
Agency Fee: | $25 for the first two companies + $5 per additional entity. |
Notes: | Use the statutory instructions to create a draft of merger documents, then file these documents along with the required fee. |
Key Terms
Acquisition - When one company purchases ownership of another company.
Consolidation - Occurs when two or more companies merge and a new entity is formed as a result. (Some states now classify consolidations as mergers for filings purposes.)
Merger - When two or more companies combine and one of the companies becomes the surviving entity.
Revised September 17, 2020. Complete data last reviewed September 17, 2020.