Is it possible to change the name of an LLC?
Selecting a name for your LLC holds great importance, as it shapes your brand identity and sets you apart from rivals. However, if the current name is not aligning with your goals or you are steering your company in a new direction, it might be prudent to consider changing to a new business name.
But how does one go about changing their business name? Moreover, if your business is structured as an LLC or corporation, is it possible to change the name at all? In this article, our LLC lawyer answers frequently asked questions about changing an LLC name. If you’re in California, you can get the LLC name change form from the Secretary of State.
Under what circumstances would you want to change the name of an LLC?
There exist numerous motivations for wanting to change your LLC’s name. Perhaps you aim to signify an extension of your services, reach or resonate with a different demographic, or you have recently acquired another business. Another prevalent reason is a brand update or a desire to engage a fresh wave of clientele. Adverse publicity can also serve as a catalyst for a name change. Alternatively, it could be that the original name chosen during the establishment of the LLC no longer suits your vision, signaling the need for a rebrand.
How do you change the name of a corporation or LLC?
To change an LLC’s name, you will be required to submit “Articles of Amendment” to your state. After this request gains approval, you can proceed with conducting business using the new name. Nonetheless, there are a series of preparatory measures that you should address, which we will discuss in the following section.
What are the steps to change the business name of an LLC or corporation?
Changing the name involves a methodical approach. The following four steps will allow you to correctly execute the name change for your corporation or LLC:
- Obtain Approval through a “Resolution to Change Business Name”
Begin by securing approval from the members or owner of the company, or from the shareholders if the business is a corporation. Review the operating agreement of the LLC or bylaws of the corporation to understand the protocol for such matters.
- Verify Name Availability in Every Operational State
Perform an official search to confirm that your changed name is not already taken in the state(s) where the company conducts business. As well as adhering to state business entity naming regulations, ensure that your changed company name does not violate any existing trademark rights. If your changed corporation or LLC name will function as a trademark, consider seeking legal protection. A knowledgeable advisor well-versed in trademark law may assist you in this regard.
- Familiarize Yourself with Each State’s Naming Guidelines
Recognize that naming criteria can differ between states. It is crucial to ensure that your new company name complies with the specific requirements of each state. For instance, states universally forbid the use of specific words (though the exact list may vary), and they also restrict names that bear a “deceptively similar” resemblance to existing ones. Most states additionally mandate the clear identification of the business form, such as “Inc.” or “LLC.”
- Prepare the Articles of Amendment
Once all necessary checks are complete, proceed to draft your Articles of Amendment. Subsequently, cover any relevant fees and formally submit the LLC name change to the state for processing.
What is the significance of filing Articles of Amendment to change the name of an LLC?
Submitting Articles of Amendment is the sole method for formally informing the state of your intention to alter the official name of the LLC. Further, they serve as evidence of approval from crucial company members, should shareholder, director, or officer authorization be necessary. It is important to note that the name alteration is considered official only upon approval of the Articles of Amendment.
What is the process for changing a DBA name or trade name for an LLC?
Your legal LLC name serves as the official designation for tax and legal matters. If you operate under a trade name, also known as a “doing business as” (DBA) name, or a “fictitious” name, it is registered at the local level, rather than with federal or state agencies. To change this name, you will be required to submit a request for DBA name change to your county clerk’s office.
Where else should I update my change in LLC name?
According to your specific circumstances, you may need to take at least one of the following actions to change the name of your LLC:
- Revise your internal corporation bylaws or LLC operating agreement to incorporate your new name.
- Get in touch with your bank to determine if you must establish a new bank account for the business.
- Review your business permits and licenses. Reach out to your city, town, or county to ascertain if updates to your permits and licenses are necessary, or if you need to cancel existing ones and apply with your changed LLC name for new ones.
- Investigate if an EIN name change is required. Consult IRS Publication 1635 to determine if reapplication is necessary.
- Inform the Internal Revenue Service of the name change. For single-member LLCs, the process mirrors that of a sole proprietorship. Multi-member LLCs will follow the same protocol as a general partnership. Provide a Certificate of Amendment copy alongside a name-change letter to record your new name in IRS databases. If your company is a corporation and you are submitting a current year return, make sure to check the box on Form 1120 indicating name change. If you have submitted your return already, get in touch with the IRS using the filing address, and inform them of the change in name. A corporate officer should be sure to sign the letter.
- Update the change in LLC name across all platforms. Once the state approves your change in name, proceed to update your business signs, website, marketing materials, and any other relevant channels. Consider launching a marketing campaign to inform prospects, customers, and the media about the new name.
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