You do not have to live in Virginia to own a Virginia LLC, but the company must keep a registered agent and registered office in Virginia, and an out-of-state owner cannot serve as the individual agent. If your business actually operates in your home state, you will usually also register there as a foreign LLC, so a Virginia LLC makes most sense when the business is physically in Virginia.
Virginia State Corporation CommissionCode of Virginia § 13.1-1015Code of Virginia § 13.1-1062Code of Virginia § 13.1-1005Code of Virginia Title 13.1 and SCC Clerk's Office fee and FAQ pages reviewed November 10, 2026. Confirm current fees with the State Corporation Commission before filing.
Heads up: we are an independent company that prepares and submits Virginia filings for owners. We are not the Virginia State Corporation Commission and we do not give legal advice. Every state charge passes through at the exact amount billed, shown separately from our service fee.
- Filed with the Virginia State Corporation Commission
- We track your $50 annual registration fee
- Cited to the Code of Virginia, Title 13.1
- Talk to a filer: (386) 465-3937
The forks in the road.
Residency of owners
None required. Members and managers can live anywhere.
Virginia State Corporation CommissionAgent
Must be a Virginia resident insider or State Bar member, or an entity authorized in Virginia (§ 13.1-1015). Non-residents normally use an entity agent.
Code of Virginia § 13.1-1015Home-state registration
Operating in your home state usually means registering there too and paying that state's fees on top of Virginia's $50 a year.
Code of Virginia § 13.1-1062Virginia costs
$100 articles plus $50 a year; registered agent service $199 a year from us.
Code of Virginia § 13.1-1005Mail you will get
The SCC's annual fee assessment goes to your registered agent two months before the due date.
Virginia State Corporation CommissionWhat to have ready
- Confirm where the business will actually operate
- Pick a Virginia entity agent
- Use a principal office address you are comfortable making public
- Get the EIN after the SCC certificate issues
- Check your home state's foreign registration rules
- Calendar the $50 annual fee
Forming a Virginia LLC When You Live Outside Virginia
Why the agent rule matters more in Virginia
A non-resident owner is not on Virginia's list of people who can be an individual registered agent, because the individual must live in Virginia (§ 13.1-1015). That rules out the common shortcut of using yourself. Your choices are a Virginia-resident co-owner or manager, a Virginia lawyer, or a business entity that serves as agent. For most out-of-state founders, an entity agent at $199 a year is the practical answer.
The agent's address becomes your registered office on the SCC record and receives the annual fee assessment, lawsuits and official notices.
Source: www.scc.virginia.gov
Where the business really operates
A Virginia LLC owned by someone in Maryland who runs the business from Maryland is also transacting business in Maryland, and Maryland will expect a foreign registration. The owner then pays two sets of state fees and keeps two registered agents. If the business has no Virginia connection, forming in the home state is usually simpler. If the business has a Virginia storefront, employees or property, a Virginia LLC fits.
Source: law.lis.virginia.gov
Banking and taxes from afar
Banks generally want the SCC certificate, the articles, an EIN letter and an operating agreement. Order a $6 certificate of fact of existence if the bank asks for proof the LLC is active. Federal tax treatment does not depend on where you live; Virginia income tax rules depend on where the income is earned, so talk with a tax adviser.
Source: law.lis.virginia.gov
The yearly rhythm
Each year the SCC assesses the $50 fee two months before the last day of your formation month. Your agent forwards the notice; you or we pay online in full. Missing it costs $25, and three months later the LLC is canceled. From a distance, that one date is the main thing to protect.
Source: law.lis.virginia.gov
Virginia law and SCC rules behind this.
| Topic | Virginia rule | Where it comes from |
|---|---|---|
| Residency of owners | None required. Members and managers can live anywhere. | Virginia State Corporation Commission |
| Agent | Must be a Virginia resident insider or State Bar member, or an entity authorized in Virginia (§ 13.1-1015). Non-residents normally use an entity agent. | Code of Virginia § 13.1-1015 |
| Home-state registration | Operating in your home state usually means registering there too and paying that state's fees on top of Virginia's $50 a year. | Code of Virginia § 13.1-1062 |
| Virginia costs | $100 articles plus $50 a year; registered agent service $199 a year from us. | Code of Virginia § 13.1-1005 |
| Mail you will get | The SCC's annual fee assessment goes to your registered agent two months before the due date. | Virginia State Corporation Commission |
Related Virginia reading.
Heads up: we are an independent company that prepares and submits Virginia filings for owners. We are not the Virginia State Corporation Commission and we do not give legal advice. Every state charge passes through at the exact amount billed, shown separately from our service fee.
What Virginia owners ask us
Yes. The principal office can be anywhere; only the registered office must be in Virginia.
Code of Virginia § 13.1-1018.1No. We file with the SCC for you.
Virginia State Corporation CommissionIf you already have an LLC elsewhere and are expanding into Virginia, registering it here ($100) may be simpler than forming a new company.
Code of Virginia § 13.1-1005Yes. Corp USA prepares and submits your Virginia filing with the State Corporation Commission for you. The state fee is passed through at cost and our service fee is shown separately at checkout, so you never have to work through the state's filing system yourself.
Virginia State Corporation Commission