Fillable Form Va-1 - Application For Voluntary Association printable pdf download

Natalie E. Tennant

Penney Barker, Manager

Secretary of State

Corporations Division

State Capitol Building

Tel: (304) 558-8000

1900 Kanawha Blvd. East

Fax: (304) 558-8381

Charleston, WV 25305-0770

Hours: 8:30 a.m. - 5:00 p.m. ET

INSTRUCTIONS FOR FILING ARTICLES OF VOLUNTARY ASSOCIATION

BEFORE you fill out the application:

The association name you select will be approved only if it is available-- that is, if the name

is not the same as and is distinguishable from any other name which has been reserved or filed. If you prepare association papers without

applying for and receiving a name reservation, you do so at your own risk. A telephone check on availability of a name is NOT a guarantee.

You may apply for a name reservation in writing, accompanied by a $15 fee payable to the Secretary of State, mailed to the address

shown above. Once approved, you are guaranteed exclusive use of the name for 120 days, enough time to prepare and submit the articles.

If you plan to do business under any other name, other than the name on your certificate of association, you must register that

trade name with the Secretary of State. Failure to do so could result in a fine or imprisonment.

FILLING OUT THE APPLICATION:

Section 1.

Enter the exact name of the association. The name may not contain any word or phrase which implies that it is organized

for any purposes other than those contained in these articles of association, and may not contain a word indicating it is incorporated. [W.

Va. Code 47-9A-4, 31D-4-402, 31E-4-402]

Section 1a.

If the association was formed in another State, list the State and the date that it was formed.

Section 2.

The principal office may be located within West Virginia or another state. Be sure to give the mailing address, if different.

Section 3.

Enter the name of a person or business as "agent of process" who can receive service of a summons or complaint, if you

have one. If you change your agent of process, you must file the change in writing with Secretary of State (the fee is $15).

Section 4.

In a non-profit association, no part of the income or profit of the association may be distributed to members, directors or

officers. In a for-profit association, the assets and profits of the association "belong to" the members, and can be distributed to them.

Check the appropriate box.

Section 5.

It is important to describe the purposes of the association clearly to insure you receive all the necessary information

about registering with the required state agencies. Attach an extra page if needed.

Section 6.

List the full names and addresses of one or more of the people who organize the voluntary association.

Section 7.

Enter the full names and addresses of at least two people who have the authority to sign documents for the association.

These may be officers, owners or members of the association.

Section 8.

If any additional statement is required for the type of business the association will conduct, attach it and check the first

box. If the association intends to apply for a license to sell alcoholic beverages, read the agreement that follows Section 8 and check the

second box.

Section 9.

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¢ for each acre over 10,000.

Section 10.

At least one organizer or member must sign application.

Mail fee and articles to the address on the application.

FORM VA-1

Issued by the WV Secretary of State, State Capitol, Charleston, WV 25305

Revised 1/09

Form Va-1 - Application For Voluntary Association

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