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

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Change Virginia Business Name

In Virginia, 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 Virginia. Whatever the reason, changing a business name in Virginia 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 Virginia.

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 Virginia

Before Changing Your Business Name in Virginia

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

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

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How to Change a Business Name in Virginia

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

Changing your company name in Virginia is relatively easy. Before we go into the steps, you should know that some rules must be followed when naming a business in Virginia. 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 Virginia 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.

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Step 1: Choose a New Name For Your Business

You must decide on a new name before officially changing your business name in Virginia. 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 Virginia 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 Virginia is essential. You must conduct a name search through the Virginia State Corporation Commission Entity Search to do this.

If your desired name is already in use or too similar to an existing business name in Virginia, 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 Virginia. 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 three methods, online, by mail, and in person filing.

However, before filing a DBA, you should know that you need to renew your DBA for up to Indefinite, which costs $10.

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

When registering a new business name with the Virginia 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 Virginia 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 Virginia 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 Virginia regulations. In Virginia, amendment cost is $25.
  4. Submit the completed form and payment to the Virginia Secretary of State’s office, either by mail or online, depending on your Virginia’s filing options.

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

Things to do After Filing the Articles of Amendment

Additional considerations in filing the Articles of Amendment in Virginia.

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 Virginia business license and paying an application fee ranging from $50 – $300.
  • Notify the Virginia Department of Labor and Workforce Development: If your business has employees, you will need to notify the Virginia 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 Virginia 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 Virginia 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 Virginia’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 Virginia 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 Virginia 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 Virginia 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 Virginia 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 Virginia 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 Virginia (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 Virginia?
You can change your business name in Virginia by filling out the Articles of Amendment with the Virginia State Corporation Commission.
What are the fees associated with changing a business name in Virginia?
The fee for a business name change in Virginia is $25.
How long does it take to change a business name in Virginia?
It typically takes about 5 to 7 business days to process a business name change in Virginia.
Can I change the name of my LLC in Virginia?
Yes, you can change the name of your LLC in Virginia by filing articles of amendment with the Virginia State Corporation Commission.
Can I change the name of my nonprofit in Virginia?
Yes, you can change the name of your nonprofit in Virginia by filing articles of amendment with the Virginia State Corporation Commission.
Do I need to file all new paperwork if I change my business name in Virginia?
No, only an amendment to your Articles of Incorporation or Organization is necessary.
Does changing a business name in Virginia affect my tax ID number?
No, your tax ID number will remain the same after changing your business name in Virginia.
Do I need to file anything with the Department of Taxation if I change my business name in Virginia?
No, you do not need to file anything with the Virginia Department of Taxation if you change your business name.
Will I need to get a new EIN if I change my business name in Virginia?
No, you do not need to get a new Employer Identification Number (EIN) if you change your business name in Virginia.
What is the process for changing a DBA in Virginia?
If you are using a DBA, also known as a trade name or assumed name in Virginia, you will need to file a new Certificate of Assumed Name with the Virginia State Corporation Commission to change your DBA.
How can I check if my desired business name is available in Virginia?
You can check if your desired business name is available by searching the Virginia State Corporation Commission name database.
Can I change my Virginia business name to anything I want?
There are some limitations to business names in Virginia. The name cannot already be in use, it must be distinguishable from other business names, and it must follow state guidelines.
Can I reserve a new business name in Virginia before filing for a name change?
Yes, you can reserve a new business name in Virginia for up to 120 days with the State Corporation Commission.
What should I do if my desired business name is already taken in Virginia?
You will either need to choose a different business name or add a modifier to your business name such as “Inc.” or “LLC”.
Do I need to advertise my new business name after filing in Virginia?
No, there is no requirement to advertise your new business name after changing it in Virginia.
Can I change my business name and address at the same time in Virginia?
Yes, you can change your business name and address at the same time by filing an amendment to your Articles of Incorporation or Organization.
How do I notify customers and vendors of my business name change in Virginia?
You should consider sending a letter or email to inform customers and vendors of your business name change in Virginia.
Does changing my business name affect my business license in Virginia?
No, changing your business name does not affect your business license in Virginia, but you may need to update your license with the new business name.
Can I change my business name over the phone in Virginia?
No, you cannot change your business name over the phone. You will need to file articles of amendment with the Virginia State Corporation Commission.
What are some business name restrictions in Virginia?
You cannot use a business name in Virginia that is the same as a name already on record, or too similar that it would cause confusion to customers.
Can I use a name other than my business name when doing business in Virginia?
Yes, you can use a trade name (DBA) in Virginia. Be sure to file a Certificate of Assumed Name with the Virginia State Corporation Commission.
What do I need to do to update my business name on my business bank account in Virginia?
You’ll need to update bank account information with your bank or credit union, such as your most current business name documentation, federal EIN, business license, etc.
Do I need to update my business name with the Virginia Secretary of State?
Yes, you will need to update your business name with the Virginia State Corporation Commission.
How long is a name change amendment effective for in Virginia?
A name change amendment is effective in Virginia indefinitely.
Can I change my business name later in Virginia if I change my mind?
Yes, you can change your business name again at any time in Virginia by filing an amendment with the Virginia State Corporation Commission.
What happens if I do not file paperwork to change my business name in Virginia?
If you do not file paperwork to change your business name with the Virginia State Corporation Commission, you will still be held legally responsible under the original name.
Is there an additional tax associated with changing a business name in Virginia?
Technically no, but a resubmission fee of $100 is applicable if your application for a name change is rejected.
Does filing a fictitious business name allow me to change my business name in Virginia?
No, filing a fictitious business name does not change your legal business name with the Virginia State Corporation Commission. You will still need to file an amendment to your Articles of Incorporation or Organization to change your business name in Virginia.
What is the process for changing the name of my Virginia-based business?
The process for changing the name of your Virginia-based business involves filing a modification of your articles of incorporation with the Virginia State Corporation Commission.
How much does it cost to change the name of my Virginia business?
There is a $25 fee to file a modification of your articles of incorporation with the Virginia State Corporation Commission to change your business name.
Do I need to file any additional paperwork with the state after changing my business name in Virginia?
No, after filing a modification of your articles of incorporation to change your business name with the Virginia State Corporation Commission, you do not need to file any additional paperwork with the state.
Can I reserve a new business name before officially changing my Virginia-based business name?
Yes, the Virginia State Corporation Commission allows you to reserve a new business name for up to 120 days before officially changing your business name.
How long does it take to change the name of my Virginia business?
The Virginia State Corporation Commission usually takes around five business days to process a modification to the articles of incorporation to change your business name.
What type of documents will I need to provide if I want to change my Virginia-based business name?
You will need to provide a Certificate of Amendment, which includes the new business name and the reason for the change.
Can I change the name of my Virginia-based business online?
Yes, you can file a Certificate of Amendment to change your business name online through the Virginia State Corporation Commission’s website.
Can I change the name of my Virginia business over the phone?
No, you cannot change the name of your Virginia-based business over the phone. You must file a Certificate of Amendment with the Virginia State Corporation Commission either online, in-person, or by mail.
Do I need to let my Virginia customers know about the name change?
It is recommended that you inform your Virginia-based customers and vendors about the name change to maintain clear business relationships.
Do I need to change my Virginia business’s tax identification number after changing its name?
No, you do not need to obtain a new EIN for your Virginia-based business after changing its name. You can continue to use the existing EIN.
Will I need to obtain a new Virginia business license after changing the name?
No, you do not need to obtain a new Virginia business license after changing the name. You can use the existing license.
Do I need to change my Virginia business’s bank account information after changing the name?
Yes, you will need to update your Virginia business’s bank account information and make changes to other important documents (such as business credit cards and invoices) after changing your business name.
Can I change the name of my Virginia LLC?
Yes, you can change the name of your Virginia LLC by filed a Certificate of Amendment to do so.
Can I change the name of my Virginia corporation?
Yes, you can change the name of your Virginia corporation by filed a Certificate of Amendment to do so.
Can I change the name of my Virginia partnership?
Yes, you can change the name of your Virginia partnership by filing appropriate paperwork with the Virginia State Corporation Commission.
How do I know if my Virginia business name is available for use?
You can conduct a name availability search on the Virginia State Corporation Commission’s website to determine if your desired business name is available for use.
Can two businesses have the same name in Virginia?
No, two businesses cannot have the same name in Virginia. Your business name must be distinguishable from all other business names in Virginia to be approved.
Can I choose any business name I want when changing my Virginia-based business name?
No, your Virginia business name cannot include certain words and phrases that are restricted by the Virginia State Corporation Commission.
How many times can I change the name of my Virginia-based business?
There are no restrictions on the number of times you can change the name of your Virginia-based business.
Can my Virginia business name trademarked?
Yes, you can register and trademark your Virginia business name through the U.S. Patent and Trademark Office.
Do I have to register my Virginia business name with the Virginia State Corporation Commission?
Yes, you must register your Virginia business name with the Virginia State Corporation Commission to do business in Virginia.
Can I use an abbreviation of my Virginia business name in official documents?
Yes, you can abbreviate your Virginia business name in official documents, but it must be clear that it represents your full business name.
Can I change my Virginia business name to avoid legal action?
Changing your Virginia business name to avoid legal action can backfire and even result in additional legal action. It is important to address any legal issues head-on instead of attempting to change your business name as a form of damage control.
How do I update my Virginia business name with the IRS?
You can inform the IRS of your Virginia business name change by mailing a written request to the IRS, including your EIN and the new legal business name.
What happens if I don’t update my Virginia bankruptcy paperwork after changing the business name?
Failing to update your Virginia bankruptcy paperwork after changing the business name could result in delays in the bankruptcy proceeding.
Can my business have multiple names in Virginia?
No, your Virginia-based business can only have one official name. However, you may use assumed names or “DBA”s for different departments or products.
Will my Virginia articles of incorporation also need to be amended if I change the business name?
Yes, if you change your Virginia-based business name, you will need to file an amended Certificate of Incorporation with the State Corporation Commission.
Do I need to change any contracts or agreements I have with clients or vendors if I change my Virginia-based business name?
Yes, you should update all contracts and agreements to reflect your new Virginia-based business name.

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Conclusion

Changing your business name in Virginia 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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