Changing Your Business Name in New York | A Step-by-Step Guide

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Change New York Business Name

In New York, 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 New York. Whatever the reason, changing a business name in New York 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 New York.

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 New York

Before Changing Your Business Name in New York

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 New York is unique and not already in use by another company in New York. 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 New York 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 New York business name.

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

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How to Change a Business Name in New York

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

Changing your company name in New York is relatively easy. Before we go into the steps, you should know that some rules must be followed when naming a business in New York. 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 New York 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 New York. 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 New York 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 New York is essential. You must conduct a name search through the New York Department of State Division of Corporations to do this.

If your desired name is already in use or too similar to an existing business name in New York, 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 New York. 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 New York, 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 60 days. You must file a name reservation application with the New York 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 New York, you must begin putting together the Certificate of Amendment as soon as you are prepared with the new New York 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)
  • New York filing fee for amendments
  • The business’s entity number, as provided by the state of New York
  • Board of Directors expression of approval (for corporations)
  • Details about shares (if applicable)

When registering a new business name with the New York 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 New York 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 Articles of Organization for an LLC, depending on your business structure.

To file the amendment, you’ll need to:

  1. Obtain the appropriate amendment form from the New York 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 New York regulations. In New York, amendment cost is $60.
  4. Submit the completed form and payment to the New York Secretary of State’s office, either by mail or online, depending on your New York’s filing options.

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

Things to do After Filing the Certificate of Amendment

Additional considerations in filing the Certificate of Amendment in New York.

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 New York business license and paying an application fee ranging from $50 – $300.
  • Notify the New York Department of Labor and Workforce Development: If your business has employees, you will need to notify the New York 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 New York 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 New York 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 New York’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 New York 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 New York 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 New York 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 New York 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 New York 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 New York (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 my business name in New York?
You can change your business name in New York by filing a Certificate of Amendment with the New York Department of State.
Can I change my business name at any time in New York?
Yes, you can change your business name at any time in New York.
How long does it take to change my business name in New York?
It can take up to 10 business days to process the change of name request in New York.
How much does it cost to change my business name in New York?
In New York, it costs $60 to file a Certificate of Amendment to change your business name.
Do I need a lawyer when changing my business name in New York?
No, you can change your business name in New York without the help of a lawyer.
What should I do before changing my business name in New York?
Before changing your business name in New York, you should check if the name is available and file for a new trademark if needed.
Can I change my business name and keep the same tax ID in New York?
Yes, you can change your business name and keep the same tax ID in New York.
Will changing my business name in New York affect my taxes?
No, changing your business name in New York will not affect your taxes.
Do I need to notify the IRS of my business name change in New York?
Yes, you need to notify the IRS of your business name change in New York by filing a Form SS-4.
Do I need to notify my customers of my business name change in New York?
Yes, it is recommended to notify your customers of your business name change in New York to avoid confusion.
Do I need to update my business name on my business card in New York?
Yes, you should update your business name on your business card in New York.
Can a business name change in New York affect my credit rating?
No, a business name change in New York will not affect your credit rating.
Can I change my business name in New York if I have outstanding debts?
Yes, you can change your business name in New York if you have outstanding debts.
Will changing my business name in New York affect my business license?
No, changing your business name in New York will not affect your business license.
After changing my business name in New York, do I need to re-register my company with the state?
No, you do not need to re-register your company with the state after changing your business name in New York.
If I change my business name in New York, do I need to change my domain name too?
Yes, it is recommended to change your domain name if you change your business name in New York.
Can I change my business name on all social media channels at once in New York?
Yes, you can change your business name on all social media channels at once in New York.
Can I change my business name only for a specific geographic area in New York?
No, you cannot change your business name only for a specific geographic area in New York.
Can I change my business name and still use operating agreements that reference the old name in New York?
No, you need to update your operating agreements that reference the old name when changing your business name in New York.
Can an LLC change its business name without dissolving in New York?
Yes, an LLC can change its business name without dissolving in New York.
Can I revert to my old business name in New York after changing it?
Yes, you can revert to your old business name in New York after changing it.
Can businesses in New York change their names multiple times?
Yes, businesses in New York can change their names multiple times.
How can I check if the new business name I want is available in New York?
You can check if a business name is available in New York by searching the New York Department of State’s business entity database online.
Can I change my business name in New York if I have another office in a different state?
Yes, you can change your business name in New York if you have another office in a different state.
Can I trademark my new business name after changing it in New York?
Yes, you can trademark your new business name after changing it in New York.
Can I use a fictitious name for my business in New York?
Yes, you can use a fictitious name for your business in New York by filing a Certificate of Assumed Name.
Can I change my business name for marketing purposes only in New York?
No, you cannot change your business name for marketing purposes only in New York.
Can I change my business name for free in New York?
No, you need to pay a filing fee of $60 to change your business name in New York.
What is the process for changing a business name in New York?
The process requires filing a Certificate of Amendment with the New York Department of State.
Where can I find the Certificate of Amendment form?
The form can be found on the New York Department of State website.
Is there a fee to file for a business name change in New York?
Yes, there is a fee of $30 for filing a Certificate of Amendment.
Can I change my business name to anything I want in New York?
No, the business name must be unique and not already in use by another company in New York.
What happens if my chosen business name is already taken in New York?
You will need to choose a different name that has not been registered.
How long does it take to complete a business name change in New York?
It typically takes 1-2 weeks for the processing of the Certificate of Amendment.
What should I do once my business name has been changed in New York?
You need to update all records, legal documents, and contracts with the new name information.
Can I change my business name again in the future in New York?
Yes, you are allowed to change your business name as many times as you want, as long as the chosen name is unique and not already in use.
What if I have multiple business names for the same LLC in New York?
You can file for a “doing business as” (DBA) name within 120 days after filing the Certificate of Amendment.
Can I change my business name and the structure of my entity at the same time in New York?
Yes, you can change both simultaneously by filing separate forms for each change.
Will I have to update my tax licenses with the new name in New York?
Yes, you will need to update any tax licenses held by the business with the new name.
Can I change my business name if there are legal proceedings against my company in New York?
In some situations, a name change is allowed during legal proceedings, but it is best to consult legal counsel.
Can I change my business name and keep my existing website and social media handles in New York?
You can update your existing website and social media handles to reflect the new business name.
Will I need to notify my customers and vendors of my business name change in New York?
Yes, it is a good idea to notify customers, vendors, and suppliers to avoid any confusion.
What kinds of businesses can file for a change of name in New York?
Any kind of business entity registered with the New York Department of State can file for a name change.
Can I use my own name as my new business name in New York?
Yes, you can use your own name as the new business name, as long as it has not been registered in New York already.
How many days do I have to change my business name on closed accounts in New York?
You should start immediately and complete the name change on all closed accounts as soon as possible.
How do I notify the government organizations of my business name change in New York?
You may need to submit paperwork, forms, or email to update your records with each relevant government organization.
Can I change only a part of my business name in New York?
Yes, you can change only a part of the business name, such as the suffix (LLC to Corp) or the first word, if it is unique.
Can I add extra words to my business name along with the name change in New York?
Yes, you can add words along with the name change, if the name hasn’t been taken by another business or a competitor.
What if I’m moving my business to another state and would like to go ahead with a name change in New York as part of that move?
It’s wise to register in the new state first, determine whether your registered name is available there or not, and then carry out the changes in your original state.
What if my chosen name is very similar or identical to some existing business operating outside of New York?
If the business operates out of the state without any federally granted authority, you can still use that name (considering another business already doesn’t hold trademark rights over the name). However, one should grant warranties/sign it about not conusing with an external business or of any assurance with that external entity.
What are the penalties of continuing to file using the old (now changed) business name in New York?
You may face financial penalties by the New York State Lawyer General and could be made to retake on your expense the complete legal name amendment process before the corporation authorities.
Are there other correspondence which I have to take care of while renaming my business in New York?
With periodic filings including the requirement to furnish the renewed name at the end of fiscal year, you may have to carry out some business occupations or move governing functions under the newly amended business name.
Can I use a name that someone has abandoned in New York when trying to change my business name?
The entirety of name protected until just before half-a-decade as abandoned, it offers no recycling advantages to be used for a name change before that time unless legally stated.
In what other ways can the chosen new business name be checked for its availability in New York?
One can use available web integrations such as online name databases on the official NY DOS website or by drawing a broad and narrowed list of rough choices to be shared with lawyers.

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Conclusion

Changing your business name in New York 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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