Other Filings for Voluntary Associations
and Business Trusts
When Changes Come
Voluntary associations and business
trusts have a very similar basis in law, and both company types
fall under the requirements for corporations after they are
initially established. Use this page to find information about how to file amendments, mergers
other filings needed when your voluntary association or business
trust goes through changes. Due to the low number of these
filings, standard forms for the amendment and merger of
associations and trusts have not been created. You may want
to use the corporation forms as samples to follow in preparing
these documents.
To find the specific section of West Virginia Code which applies,
using our Quick Finder.
All forms use Acrobat Reader.
Trade Name |
Amendment/Name
Change | Restatement |
Merger
Dissolution/Withdrawal | Reinstatement |
Annual Report |
Officer/Agent/Address Change
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General Requirements
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Unless otherwise specified, voluntary association and
business trust change filings
require:
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Duplicate copies with original signatures
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The signature of one trustee of a trust, and two authorized
members or officers of a voluntary association
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The current record must reflect the same trustees, officers
or members who sign, or the company record will have to be
updated with an officer change. Write business@wvsos.com
for procedures if the listed officers are no longer
available to sign the transfer of authority.
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Foreign associations and trusts must accompany some filings with
certified copies of documents filed in the home state.
Click the US map icon to find the corporate registration
office in your home state.
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Trade Name Registration
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See Trade Names for details and
forms for registration of a trade name for use in West Virginia.
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Amendment
/ Name Change
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An amendment may be used to change a company name or alter basic
elements of the original articles or statement of
registration.
Fee: $25 per amendment
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Filing:
WV Amendment -- see Corporations
as examples
Foreign Amendment
(Attach two
certified copies of amendment as filed in home state)
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Restatement
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A restatement may be filed when the amendments are so extensive it is simpler to
restate the entire articles of incorporation.
Fee: $25
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Filing:
Domestic associations may use the regular Articles of
Association form and mark it "Restatement" at the
top.
Foreign associations and trusts file two certified copies of restatement
as filed in the home state.
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Merger
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Voluntary associations and business trust should refer to corporations
changes and law in case of a merger.
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Dissolution
& Withdrawal
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Voluntary associations and business trusts file a statement of
intent to dissolve.
The Secretary of State may not issue a
Certificate of Dissolution or Withdrawal until the State Tax
Department and the divisions of Employment Security and Worker's
Compensation all sign off that taxes and other employer
obligations are paid and reports filed.
Fee: $25
Filing:
The Statement of Intent to Dissolve should be
prepared. You may wish to use the corporation forms as a
model.
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Annual Report
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Since voluntary associations and business trusts
are subject to the requirements for corporations, the forms for annual reports
will be mailed in May by
the State Tax Department to the principle office address of the
association and trust.
It is the company's responsibility to
maintain current address records at both the Secretary of State
and the State Tax Department to assure that mail can be
received.
If the annual report form is not received by
early June, contact the Tax Department at (304) 558-3333.
The filing is due July 1 each year.
A part of the annual filing is the payment of
the attorney-in-fact fee, which is $25.
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Change of Officers,
Agent of Process or Address
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For your own security and convenience, it is
important to keep your company record current. The
inability to respond promptly to a lawsuit or to file amendments
and other documents because of inaccurate information on your
record will only hurt your company.
Fee: $15 per filing (may include
multiple changes)
Filing:
Check your company record on the Business
Organizations Data System for accuracy. If you find
outdated information, use our convenient form to file changes of
officers, agent of process and addresses. Staff may
correct errors and spellings without a filing, but the change of
a name from one person to another or of an address from one
place to another requires a change to be filed.
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