Changing Your Business Name in Delaware | A Step-by-Step Guide

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Change Delaware Business Name

In Delaware, change is inevitable in today’s dynamic business environment. One such change that a business may undergo is a change in its name. A business owner might change their name for numerous reasons, even when starting an LLC in Delaware. Whatever the reason, changing a business name in Delaware can be a complicated process. Still, it’s essential to do it right to avoid potential legal issues and ensure a smooth transition. This comprehensive guide will walk you through the steps to successfully Change a Business Name in Delaware.

Webinarcare Editorial Team will help you change your business name when necessary. You must be guided by all the factors gathered in this article.

How to Change a Business Name in Delaware

Before Changing Your Business Name in Delaware

Before you embark on the process of changing your business name, there are several considerations to keep in mind:

  • Research: Ensure that your new business name in Delaware is unique and not already in use by another company in Delaware. To avoid potential trademark infringement, you can conduct a preliminary search using the United States Patent and Trademark Office (USPTO) database.
  • Notify Stakeholders: Inform your employees, customers, suppliers, and other stakeholders about the upcoming name change to avoid confusion and ensure a smooth transition.
  • Update Marketing Materials: Revise your marketing materials, such as your website, business cards, signage, and social media profiles, to reflect the new Delaware business name.
  • Consider the Impact on Existing Contracts and Agreements: Review your existing contracts and agreements to determine if they will be affected by the name change. You may need to renegotiate these contracts or obtain new ones under the new Delaware business name.

You should also amend the Delaware Certificate of Formation and the operating agreement once you have changed your business name. The information should be up to date so your Delaware business won’t have any legal problems in the future. Check out the Best Trademark Services in Delaware to know whether your desired business name is available.

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How to Change a Business Name in Delaware

Depending on the kind of business entity you have, several processes may be involved in changing your business name in the Delaware. Here is a detailed explanation of each business structure:

Changing your company name in Delaware is relatively easy. Before we go into the steps, you should know that some rules must be followed when naming a business in Delaware. The name conventions may change depending on the type of corporate structure. The business must adhere to the following rules while changing the company name:

  • It should be possible to utilize the name.
  • Any other businesses do not use the name.
  • If the new entity is a limited liability company, the name must include “LLC.“
  • The name should be distinct from any governmental agency or institution, including banks and treasuries.

If you decide to start an LLC, read about the Delaware Business Name Search to check if your desired business name is available. Let’s now examine the procedures for changing the company name:

It is suggested that you speak with a legal professional before you begin changing your business name. They’ll understand what’s best for you and your company. To have an easy process for naming your LLC, you can alwasy hire the Best LLC Services for your business.

– WEBINARCARE EDITORIAL TEAM

Step 1: Choose a New Name For Your Business

You must decide on a new name before officially changing your business name in Delaware. Conduct thorough research to ensure the new name is unique, memorable, and represents your company’s values and services. You should also ensure that another business in Delaware does not already use the new name to avoid legal issues and customer confusion.

Some tips for choosing a new business name include:

  • Brainstorm a list of potential names and ask for feedback from friends, family, employees, and customers.
  • Consider the potential impact of the new name on your existing customers, partners, and vendors.
  • Research the availability of relevant domain names and social media handles to ensure a consistent online presence.

Before proceeding with the name change process, ensuring your chosen name is available in Delaware is essential. You must conduct a name search through the Delaware Division of Corporations Entity Search to do this.

If your desired name is already in use or too similar to an existing business name in Delaware, you must choose another name and repeat the search process. However, you can register your business under a different legal name if your preferred name isn’t available.  Once you have chosen a name, you can submit an application for a DBA (doing business as) in Delaware. In this manner, you can choose any name you desire for your business. A DBA allows a company to operate under the name of the person or entity who owns it. If you have decided to file for a DBA, you can file it in two methods, by mail and in person.

However, before filing a DBA, you should know that you need to renew your DBA for up to Indefinite, which costs $25.

In Delaware, if you do not wish to file your LLC right away but want to hold the name that you have decided on, then you can reserve your LLC name for 120 days. You must file a name reservation application with the Delaware Secretary of State to keep the name. 

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Step 2: Prepare Documents to File the Certificate of Amendment

After choosing a new business name in Delaware, you must begin putting together the Certificate of Amendment as soon as you are prepared with the new Delaware business name. You must send the following information with the name change form: 

  • Current company name
  • New company name
  • Members’ (LLC) or Shareholders’ signatures (Corporation)
  • Delaware filing fee for amendments
  • The business’s entity number, as provided by the state of Delaware
  • Board of Directors expression of approval (for corporations)
  • Details about shares (if applicable)

When registering a new business name with the Delaware Secretary of State, you must provide the list of information indicated above. Ensure the information you offer for the Amendment corresponds to the initial filing materials. Please do so to avoid the registration being canceled.

Step 3: File the Certificate of Amendment

Once you’ve confirmed that your new business name is available, you must file the necessary paperwork with the Delaware Secretary of State’s office to change your business name officially. This process typically involves filing an amendment to your company’s Certificate of Incorporation for a corporation or Certificate of Formation for an LLC, depending on your business structure.

To file the amendment, you’ll need to:

  1. Obtain the appropriate amendment form from the Delaware Secretary of State.
  2. Fill out the form with the required information, including your current business name, new business name, and any other required details.
  3. Pay the filing fee, which may vary depending on your business structure and Delaware regulations. In Delaware, amendment cost is $194.
  4. Submit the completed form and payment to the Delaware Secretary of State’s office, either by mail or online, depending on your Delaware’s filing options.

Once your amendment has been processed and approved, your business name will officially be changed in Delaware.

Things to do After Filing the Certificate of Amendment

Additional considerations in filing the Certificate of Amendment in Delaware.

After changing your business name, there are a few additional steps you may need to take:

  • Update your EIN: If your business has an Employer Identification Number (EIN) from the Internal Revenue Service (IRS), you may need to notify the IRS of the name change. You can do this by writing a letter to the IRS or completing and submitting Form 8822-B.
  • Update your Business License: If your business operates with a business license, you must update the license with the new business name. You can do this by filing Delaware business license and paying an application fee ranging from $50 – $300.
  • Notify the Delaware Department of Labor and Workforce Development: If your business has employees, you will need to notify the Delaware Department of Labor and Workforce Development of the name change.
  • Update your Local Tax and Business Registrations: Depending on your local jurisdiction, you may need to update your local tax and business registrations with the new business name.

Why Change Your Business Name?

There are various reasons why a  business owner might want to change their business name. These can include:

  • Rebranding: If your current Delaware business name no longer reflects your products or services, rebranding can help revitalize your company’s image and attract new customers.
  • Expanding or Refocusing: Your business may have evolved over time, and the original name may no longer accurately represent the scope of your operations.
  • Merger or Acquisition: If your business merges with another company or is acquired, a name change might be necessary to reflect the new owner or combined services.
  • Legal Issues: If your business name infringes on a trademark or is too similar to another company’s name, you may need to change it to avoid legal disputes.
  • Improved Marketability: A new business name in Delaware can be more memorable, easier to pronounce, or better suited to your target audience.

How Long Does Changing The Business Name Take?

The time it takes to change a business name can vary depending on factors such as the Delaware’s processing times, the method of submission (online or by mail), and whether all necessary information and fees have been submitted correctly. Generally, once you have submitted the required paperwork and fees to the Delaware Secretary of State, it can take a few days to several weeks for the name change to be processed and approved.

What Happens If I Don’t Update the Website or Stationery?

If you change your business name in Delaware but do not update your website, stationery, or other marketing materials, you may face several potential issues:

  • Customer Confusion: Your customers may need clarification about the change in the business name and may not recognize that your company is the same one they have previously done business with. This confusion could lead to a loss of trust and potentially a loss of customers.
  • Inconsistency in Branding: When your business name is inconsistent across all platforms, including your website and stationery, it can negatively impact your brand image. Not updating your marketing materials may make your company appear unprofessional or disorganized, which could harm your reputation.
  • Legal Issues: Depending on Delaware regulations, you may be legally required to update your marketing materials with your new business name. Failure to do so could result in penalties or fines. Additionally, if you use a trading name or DBA (Doing Business As) name, you may need to register that name separately with the appropriate government authority to avoid legal issues.
  • Communication Problems: Please update your website and stationery with your new Delaware business name to avoid issues. Clients, vendors, and other partners may not recognize the new name and may not associate it with your company, leading to missed opportunities and potential misunderstandings.

To avoid these potential issues, updating your website, stationery, and all other marketing materials as soon as possible after changing your Delaware business name is essential. This ensures that your customers know the change, maintains consistency in your branding, and helps prevent legal or communication.

If I Have a Foreign LLC, Can I Change the Name Aside from the Original Name?

Yes, if you have a foreign LLC in Delaware (a limited liability company formed in one state but doing business in another state), you can change the name of the foreign LLC. 

FAQs

How do I change the name of my business in Delaware?
To change the name of your business in Delaware, you must file a Certificate of Amendment with the Delaware Division of Corporations.
How much does it cost to change the name of my business in Delaware?
The filing fee for a Certificate of Amendment to change the name of a business in Delaware is currently $200.
How long does it take to change the name of my business in Delaware?
The processing time for a Certificate of Amendment to change the name of a business in Delaware typically takes a few days or up to a week, but it can take longer during busy periods.
What does the Certificate of Amendment form look like?
The Certificate of Amendment form is a one-page document that can be found on the Delaware Division of Corporations website.
Do I need to get a new EIN when I change my business name in Delaware?
No, you do not need to get a new EIN (Employer Identification Number) when you change your business name in Delaware.
Can I change the name of my LLC in Delaware to a name that is already taken by another business?
No, you cannot change your LLC name in Delaware to a name that is already in use by another business.
Do I need a lawyer to help me change the name of my business in Delaware?
No, you do not need a lawyer to change the name of your business in Delaware, but it may be helpful to consult with one if you have any questions.
Can I change the name of my Delaware corporation to an LLC?
Yes, you can change the name of your Delaware corporation to an LLC by filing a Certificate of Conversion with the Delaware Division of Corporations.
Can I change my DE LLC’s registered agent when I change its name?
Yes, you can change your DE LLC’s registered agent when you change its name by filing a Certificate of Amendment with the Delaware Division of Corporations.
How do I let the IRS know that I have changed my business name in Delaware?
You can let the IRS know that you have changed your business name in Delaware by updating your business name on your tax returns and other tax documents.
Do I need to notify the Delaware Secretary of State when I change my business name?
Yes, you need to file a Certificate of Amendment with the Delaware Secretary of State to change your business name.
Can I change my Delaware business name to something completely different?
Yes, you can change your Delaware business name to any available name that you choose.
Can I use an LLC name that has already been filed in another state but is available in Delaware?
No, you cannot use an LLC name that has already been filed in another state in Delaware.
Do I need to inform my customers and/or vendors when I change my business name in Delaware?
It is recommended that you inform your customers and vendors when you change your business name in Delaware, as it can affect your business partnerships and reputation.
Can I choose a name for my Delaware LLC that is different from the name used on my business’s articles of organization?
Yes, you can choose a different name for your Delaware LLC when you file your Certificate of Formation.
Can I submit the Certificate of Amendment to change my business name in person at the Delaware Division of Corporations?
No, you cannot submit the Certificate of Amendment in person at this time due to COVID-19 restrictions, but you can file it online, by mail, or through an authorized filing agent.
Do I need to update my business name on my Delaware business license when I change it with the Secretary of State?
Yes, you need to update your business name on your business license with the Delaware Division of Revenue when you change it with the Secretary of State.
Will changing my business name affect my business’s taxes in Delaware?
No, changing your business name in Delaware does not affect your business’s taxes.
Can I change the business name on my Delaware nonprofit corporation or charity?
Yes, you can change the business name for a Delaware nonprofit corporation or charity by filing a Certificate of Amendment with the Delaware Division of Corporations.
Can I change my business name in Delaware if I am still paying off a business loan?
Yes, you can change your business name in Delaware even if you are still paying off a business loan.
Can I change the name of a partnership in Delaware?
Yes, you can change the name of a partnership in Delaware by filing a Certificate of Amendment with the Delaware Secretary of State.
Can I trademark my new business name in Delaware?
Yes, you can trademark your new business name in Delaware by filing a trademark application with the US Patent & Trademark Office.
Can I change the name of my Delaware corporation to match my trademarked brand?
Yes, you can change the name of your Delaware corporation to match your trademarked brand by filing a Certificate of Amendment with the Delaware Division of Corporations.
Do I need to obtain new business licenses when changing my Delaware LLC name?
It depends on the type of business license you have. You should check with the relevant licensing agencies to see if a new license is necessary.
Will I need to update my business name on my Delaware sales tax permit?
Yes, you will need to update your business name on your Delaware sales tax permit along with any other relevant state and federal tax documents.
Can I change my business name online in Delaware?
Yes, you can file a Certificate of Amendment to change your business name online at Delaware Secretary of State website.
Can I change the name of my Delaware business to a name that is trademarked in another state?
No, you cannot change the name of your Delaware business to a name that is trademarked in another state without the permission of the trademark owner.
How do I check if the name I want is available for my Delaware business?
You can check if the name you want is available for your Delaware business by searching the Delaware Division of Corporations online database, or by contacting a registered agent.
Can I change the name of my Delaware business to a name that is trademarked in Delaware?
No, you cannot change the name of your Delaware business to a name that is trademarked in Delaware without the permission of the trademark owner.
How do I change my business name in Delaware?
You’ll need to file a Name Reservation Request with the Delaware Division of Corporations before you can make any changes.
How much does it cost to change my business name in Delaware?
There’s no set fee for changing your business name in Delaware, but you’ll need to pay a state fee of $50 to file your Name Reservation Request.
How long does it take to change my business name in Delaware?
Once you’ve submitted your Name Reservation Request, you’ll need to wait for approval before you can continue. Typically, the processing time is 24-48 hours.
Can I change my business name whenever I want?
As long as your proposed name isn’t already in use, you’re free to change your business name in Delaware at any time.
Do I need to notify my customers or vendors of a name change?
Yes, it’s important to let all of your customers, vendors, and business associates know of any name changes so that there isn’t any confusion.
Will I need to register for a new business license if I change my business name in Delaware?
No, you won’t need to register for a new business license, but you will need to update your existing licenses and permits with your new name.
Will I need a new EIN if I change my business name in Delaware?
You won’t need a new EIN if you change your business name in Delaware, as your EIN is assigned to your business regardless of its name.
Will I need a new business bank account if I change my business name in Delaware?
You’ll need to update your business bank account with your new name, but you shouldn’t need to open a new account.
How do I check if my proposed business name is available in Delaware?
You can search for available business names on the Delaware Division of Corporations website.
Can I use a DBA instead of changing my business name in Delaware?
Yes, you can use a DBA (Doing Business As) in Delaware if you want to conduct business under a different name.
Can I change my legal entity type when I change my business name in Delaware?
Yes, you can change your legal entity type when you change your business name in Delaware, but you may need to file additional paperwork.
Will I need to update my business name on all of my contracts if I change my name in Delaware?
Yes, you’ll need to update your business name on all existing contracts if you change your name in Delaware.
How often is it possible to change my business name in Delaware?
There is no limit to the number of times you can change your business name in Delaware, as long as the name is not already in use.
Do I need to file a tax return if I change my business name in Delaware?
Yes, you’ll still need to file your tax returns under your existing EIN, regardless of any changes to your business name.
How do I update my business name with the IRS?
You can update your business name with the IRS by filing Form SS-4.
Can I change my business name with the Delaware Division of Corporations online?
Yes, you can file your Name Reservation Request and change your business name online through the Delaware Division of Corporations website.
Do I need to register my new business name with any other state organizations if I change my name in Delaware?
You won’t need to register your new business name with any state organizations other than the Delaware Division of Corporations.
Will changing my business name affect my credit score?
Changing your business name won’t typically affect your credit score, but any changes to your financial information may cause a temporary dip in your score.
How do I notify the state of Delaware if I change my business name?
You can notify the state of Delaware of your name change by filing the necessary paperwork with the Division of Corporations.
Do I need to publish a notice of my name change in Delaware?
No, you won’t typically need to publish a notice of your name change in Delaware.
How do I update my business name on my website and social media accounts?
You’ll need to update your business name on your website and social media accounts manually.
Will my tax ID number change if I change my business name in Delaware?
No, your tax ID number won’t change if you change your business name in Delaware.
Will my business incorporation date change if I change my business name in Delaware?
No, your business incorporation date won’t change if you change your business name in Delaware.
Can I change the spelling of my business name if I change my name in Delaware?
Yes, you can change the spelling of your business name if you change your name in Delaware.
Can I change the capitalization of my business name if I change my name in Delaware?
Yes, you can change the capitalization of your business name if you change your name in Delaware.
Will I need to update my business name on my business insurance policies if I change my name in Delaware?
Yes, you’ll need to update your business name on your business insurance policies if you change your name in Delaware.
Can I change my business name to another name that’s already registered in Delaware?
No, you won’t be able to use a name that’s already registered by another business in Delaware.
How do I file for trademark protection on my new business name in Delaware?
You can file for trademark protection on your new business name in Delaware through the U.S. Patent and Trademark Office.

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Conclusion

Changing your business name in Delaware can be a strategic decision that helps your company evolve and remain competitive. By following the steps outlined in this guide and conducting thorough research, you can ensure that your business name change is completed legally and efficiently. Remember to notify all relevant stakeholders, update your marketing materials, and revise any contracts or agreements to reflect the new business name.

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