Changing Your Business Name in South Carolina | A Step-by-Step Guide

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Change South Carolina Business Name

In South Carolina, 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 South Carolina. Whatever the reason, changing a business name in South Carolina 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 South Carolina.

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 South Carolina

Before Changing Your Business Name in South Carolina

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 South Carolina is unique and not already in use by another company in South Carolina. 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 South Carolina 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 South Carolina business name.

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

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How to Change a Business Name in South Carolina

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

Changing your company name in South Carolina is relatively easy. Before we go into the steps, you should know that some rules must be followed when naming a business in South Carolina. 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 South Carolina 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 South Carolina. 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 South Carolina 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 South Carolina is essential. You must conduct a name search through the South Carolina Secretary of State Business Filings Search to do this.

If your desired name is already in use or too similar to an existing business name in South Carolina, 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 South Carolina. 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 five years, which costs $10.

In South Carolina, 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 South Carolina Secretary of State to keep the name. 

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Step 2: Prepare Documents to File the Articles of Amendment

After choosing a new business name in South Carolina, you must begin putting together the Articles of Amendment as soon as you are prepared with the new South Carolina 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)
  • South Carolina filing fee for amendments
  • The business’s entity number, as provided by the state of South Carolina
  • Board of Directors expression of approval (for corporations)
  • Details about shares (if applicable)

When registering a new business name with the South Carolina 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 Articles of Amendment

Once you’ve confirmed that your new business name is available, you must file the necessary paperwork with the South Carolina Secretary of State’s office to change your business name officially. This process typically involves filing an amendment to your company’s Articles 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 South Carolina 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 South Carolina regulations. In South Carolina, amendment cost is $110.
  4. Submit the completed form and payment to the South Carolina Secretary of State’s office, either by mail or online, depending on your South Carolina’s filing options.

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

Things to do After Filing the Articles of Amendment

Additional considerations in filing the Articles of Amendment in South Carolina.

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 South Carolina business license and paying an application fee ranging from $50 – $300.
  • Notify the South Carolina Department of Labor and Workforce Development: If your business has employees, you will need to notify the South Carolina 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 South Carolina 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 South Carolina 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 South Carolina’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 South Carolina 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 South Carolina 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 South Carolina 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 South Carolina 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 South Carolina 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 South Carolina (a limited liability company formed in one state but doing business in another state), you can change the name of the foreign LLC. 

FAQs

What’s the process for changing a business name in South Carolina?
To change a business name in South Carolina, you must file for an amended Articles of Incorporation or amended Articles of Organization with the South Carolina Secretary of State.
How much does it cost to change a business name in South Carolina?
It costs $10 to file an amended Articles of Incorporation or amended Articles of Organization in South Carolina to change a business name.
Is there any penalty for changing a business name in South Carolina?
No, there’s no penalty for changing a business name in South Carolina. However, you must follow the correct filing process and pay the required fee.
Can I change my business name online in South Carolina?
Yes, you can file for an amended Articles of Incorporation or amended Articles of Organization online in South Carolina to change your business name.
How long does it take to change a business name in South Carolina?
It typically takes 5-7 business days for the South Carolina Secretary of State to process and approve a name change request.
Can a sole proprietor change their business name in South Carolina?
Yes, a sole proprietor can change their business name by filing a Doing Business As (DBA) form with the South Carolina Secretary of State.
What documents do I need to change a business name in South Carolina?
You need an amended Articles of Incorporation or amended Articles of Organization to change your business name in South Carolina.
Can a foreign entity change their business name in South Carolina?
Yes, a foreign entity can change their business name in South Carolina by filing an amended Articles of Incorporation or amended Articles of Organization.
Is a franchise required to change their business name in South Carolina?
Yes, a franchise operating in South Carolina is required to follow state laws when it comes to changing their business name.
When can I start using my new business name in South Carolina?
You can start using your new business name in South Carolina immediately after the South Carolina Secretary of State approves your amended articles.
Do I need to notify the IRS if I change my business name in South Carolina?
Yes, when you change your business name in South Carolina, you need to send a letter to the IRS stating the name change.
Do I need a new business license if I change my business name in South Carolina?
Yes, you need a new business license with the South Carolina Secretary of State if you change your business name in South Carolina.
Do I need to inform my customers and suppliers if I change my business name in South Carolina?
Yes, you need to inform your customers and suppliers to avoid any confusion or delay in services.
Can I change my business name to any name I want in South Carolina?
No, the South Carolina Secretary of State does not permit offensive or misleading business names.
Can I check if my proposed business name is available online in South Carolina?
Yes, you can check online with the South Carolina Secretary of State’s business name search tool.
Can multiple businesses share the same name in South Carolina?
No, multiple businesses in South Carolina cannot share the same name.
Can I reserve a new business name without filing for a name change in South Carolina?
Yes, you can reserve a new business name for 120 days in South Carolina by filing a name reservation application and paying $10.
How long does a name reservation last in South Carolina?
A name reservation in South Carolina lasts for 120 days and can be renewed for another 120 days for a fee of $10.
Can I change my business name multiple times in South Carolina?
Yes, you can change your business name multiple times in South Carolina as long as you follow the appropriate filing procedures.
Will changing a business name in South Carolina affect my tax ID number?
No, changing your business name in South Carolina will not affect your tax ID number.
Will changing a business name in South Carolina affect my business credit score?
No, changing your business name in South Carolina should not impact your business credit score.
How will changing my business name in South Carolina affect my website and social media accounts?
You will need to update your website and social media accounts to reflect your new business name after changing it in South Carolina.
Can I change my business name and registered agent at the same time in South Carolina?
Yes, you can file for an amended Articles of Incorporation or amended Articles of Organization to change both your business name and registered agent in South Carolina.
What is the difference between a business name and a trademark in South Carolina?
A business name in South Carolina is the official name of your business that appears on legal documents, whereas a trademark is a unique symbol or logo that represents your company’s brand or product.
Do I need to change my trademark if I change my business name in South Carolina?
Not necessarily, but it’s recommended to update your trademark to reflect the new business name to avoid any confusion or legal issues.
Can I change my business name on my bank account in South Carolina?
Yes, you can change your business name on your bank accounts in South Carolina, but you will need to provide updated legal documents to do so.
What should I do if I make a mistake on my amended Articles of Incorporation or amended Articles of Organization in South Carolina?
You will need to file for a correction with the South Carolina Secretary of State and pay a filing fee to correct any errors.
Can I change my business name at the same time as filing for other changes, such as a change of address?
Yes, you can file for multiple changes at the same time in South Carolina by submitting the necessary forms and fees.
How is a business name change request processed in South Carolina?
The South Carolina Secretary of State reviews all change requests and, if approved, updates and records the new business name in their system.
How do I change my business name in South Carolina?
To change your business name in South Carolina, you must file Articles of Amendment with the South Carolina Secretary of State.
How much does it cost to change your business name in South Carolina?
The filing fee for Articles of Amendment to change a business name in South Carolina is $10.
Do I need to amend my articles of incorporation to change my business name in South Carolina?
Yes, you will need to file Articles of Amendment to your articles of incorporation to change your business name in South Carolina.
Can I change my business name if I have an LLC in South Carolina?
Yes, LLCs can change their business names in South Carolina by filing Articles of Amendment.
Will I need to register my new business name in South Carolina?
No, once the Articles of Amendment are approved, your new business name will be registered with the state.
Can I change my business name to one that’s already in use in South Carolina?
No, you cannot use a business name that is already in use in South Carolina.
When should I let customers and vendors know about my business name change in South Carolina?
You should let customers and vendors know about your business name change as soon as possible after the change is official.
Can I change my business name for free in South Carolina?
No, there is a $10 filing fee to change your business name in South Carolina.
Do I need to publish notice of my business name change in South Carolina?
No, South Carolina does not require businesses to publish notice of a name change.
Can I change my business name in South Carolina without a lawyer?
Yes, you can file Articles of Amendment to change your business name without a lawyer in South Carolina.
Will I need a new EIN if I change my business name in South Carolina?
Generally, no. You should be able to keep your existing EIN after a name change in South Carolina.
Do I need to renew my business license if I change my business name in South Carolina?
You may need to renew your business license after a name change in South Carolina. Contact your local business licensing office for more information.
Can I change my business name to a foreign name in South Carolina?
Yes, you can use a foreign name for your business in South Carolina as long as it complies with the state’s naming regulations and is distinguishable from other business names.
What is the first step to changing my business name in South Carolina?
The first step to changing your business name in South Carolina is to file Articles of Amendment with the South Carolina Secretary of State.
Will I need to update any contracts or agreements after a business name change in South Carolina?
It’s possible that you may need to update contracts and agreements after a business name change in South Carolina. Consult with legal counsel to determine what updates are necessary.
Can I change my business name but keep the same DBA in South Carolina?
Yes, you can change your business name while keeping the same DBA in South Carolina.
What if I don’t file the right paperwork when I change my business name in South Carolina?
Failing to file the correct paperwork when changing your business name in South Carolina may result in rejection, penalties, or legal issues. It’s important to follow the proper procedure.
How will a business name change affect my business taxes in South Carolina?
Generally, a business name change should not affect your business taxes in South Carolina. However, there may be some logistical updates that need to be made.
Can a business name change affect my trademark in South Carolina?
A business name change can potentially affect your trademark in South Carolina if the changed name is similar to another registered trademark. Consult with legal counsel to determine if a trademark update is necessary.
What’s the best way to make a business name change in South Carolina?
The best way to make a business name change in South Carolina is to file Articles of Amendment on the South Carolina Secretary of State website.
Can I change my business name and structure at the same time in South Carolina?
Yes, you can change your business name and structure at the same time in South Carolina by filing appropriate paperwork.
What fees may I need to pay for a South Carolina business name change?
The filing fee to change a business name in South Carolina is $10. Additional fees may apply if you amend higher-level paperwork like articles of incorporation or amend other aspects of your business like your registered agent.
Can I reserve a new business name in South Carolina before changing my current name?
Yes, you can reserve a new business name in South Carolina before officially changing the name on paperwork.
Is changing a business name in South Carolina quick or complicated?
Changing a business name in South Carolina is generally a quick and straightforward process.
Will a South Carolina business name change affect my credit, privacy, or public record?
A South Carolina business name change should not affect your credit, privacy, or public record significantly, although some business records may be made public.
What are the general restrictions on business names in South Carolina?
In general, a Business Entity’s name cannot include language implying its purpose is regulated by another State agency, misleading words indicating its business activities is similar to regulated profession and certain words indicating their conformity with nationally recognized professional groups.

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Conclusion

Changing your business name in South Carolina 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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