Information on how to change the name of a current LLC and what should be done after the name change.
How to Change an LLC Name
Updated:
Apr 12, 2024
Are you looking to change the name of your limited liability company? Regardless of your reasoning, changing your LLC name is more simple than you might think. This article will walk you through the best business practices to ensure a smooth transition from your old company name to the new one.
Reasons to Change Your LLC Name
There are plenty of reasons to change the official name of your limited liability company. For example:
- You may have noticed that your business name is getting confused with another brand
- A named member has died or left the business
- Your business has grown to offer more than what the original name reflects
- You thought of a better name
Alternatives to Formally Changing Your LLC Name
Depending on your reason, you may not need to go through the formal process of changing the name of your business.
For example, most states allow you to file a certificate of correction if you just want to correct a typographical error you made when originally filing your formation documents. You’ll find this certificate on your secretary of state or corporations division website. Just fill out the form and file it with the appropriate state agency along with a payment for the filing fee.
If you’re looking to use a different name for strictly marketing purposes, you should consider registering a DBA instead. A DBA, short for “doing business as,” is a trade name you can conduct business under that’s catchier and easier to market than your business’s registered name. You can register a DBA name with your secretary of state or corporations division by simply filing the appropriate form and paying the accompanying filing fees.
Adding a DBA is probably the preferred option to a formal business name change because you can have this fictitious name in addition to your legal name. Depending on your state, you may see this referred to as an assumed name, trade name or fictitious business name.
How to Change an LLC Name
Although the process of changing your LLC name boils down to just a single step, filing an amendment with the secretary of state, our Legal Guides Team explains the best business practices you should consider when changing the name of your LLC. Following these steps will make sure that everything is done correctly and avoid potential issues that may arise from changing a business’ name.
1. Check Name Availability & Compliance
Just like the name you chose when you originally formed your LLC, you have to make sure the new name is distinct from every other business registered in your state. If you’re changing the name of a foreign LLC, be sure to check the new name’s availability in every state your foreign LLC is registered.
Each state will have its own database of active business entities and their legal names on the secretary of state or corporations division website. You can use this tool to conduct a name search and ensure that your new LLC name will be distinct from any other business in the state.
2. Get Member Approval For Name Change
Your LLC operating agreement may require you to put major business decisions, like a business name change, to formal vote by the members of the LLC to ensure everyone’s on the same page. If you aren’t set on one name yet, you can also compile a list of available names and have members vote on which name should be chosen for the business.
3. File Articles of Amendment
To officially change your company name, you need to update the articles of organization that you filed with the state when you formed your LLC. This is done by filing an articles of amendment form. This document can usually be found on your secretary of state’s website. If not, you’ll have to contact the governing state agency and request the form.
Once your articles of amendment are approved, you’ll receive a certificate of amendment which is proof from the state that your business name has officially been changed. Your amendment should be approved if your new name satisfies the state’s naming requirements and your business is in “good standing.” Good standing is when your LLC is in compliance with state requirements such as: filing annual reports, paying reporting fees and maintaining a registered agent.
4. Amend Your Operating Agreement
As a general rule, you want your LLC operating agreement to reflect your business’s most up-to-date information at all times. Once your name change is approved by the governing state agency, you should amend your operating agreement to reflect this new name.
5. Notify Taxing & Licensing Agencies
You’ll also have to update the Internal Revenue Service (IRS) of this name change. In most cases, you can do so by simply filing your annual taxes with the new business name and checking the box on the form that indicates a new name.
If you want to notify them before your annual taxes are due, you’ll have to send a name change letter to the IRS. Their website doesn’t have an official form for you to follow, however, the letter should include:
- Your EIN
- The old name of the business as mentioned in the IRS records
- Complete address of the business as it exists in IRS records
- The new name of your business
- Date on which the name was changed
- The certificate of amendment from your state
- A signature of the business owner or another authorized person
- A request for confirmation from the IRS
You may also need to obtain a new employer identification number (EIN) when you change your official business name. However, you’ll only need to do this if you changed your business’s tax status when you changed your business’s name. For example, if you converted your sole proprietorship into an S-corp, you’ll need a new EIN. In this case, you can just obtain a brand new EIN and only use the new number from then on.
Additionally, you’ll need to notify any state and local licensing agencies of your name change if your LLC has received any business licenses to conduct operations.
6. Update Everything Else
Once you’ve filed the appropriate forms and updated the required parties, you can move on to the next step of updating everyone else that your business is operating under a new name.
If you opened a business bank account or got a credit card for your LLC, you’ll need to notify the bank or credit card company about the name change to update their records. If you invested in a website, letterheads, signage or business cards, you’ll want to update your business name on all of those marketing materials. This way, new customers won’t get confused when they’re introduced to your company. You should also notify any existing customers, vendors or suppliers for the same reasons.
Frequently Asked Questions
The exact requirements and forms you’ll follow will vary state by state, however a large majority of states will allow you to file articles of amendment online. You can check if your state allows online filing on the website of the state agency you registered your LLC with.
The only cost to change your LLC name is the filing fee, which will vary in price depending on which state your business is registered in. The cost will also increase if your LLC is registered in multiple states because you’ll have to file a separate article of amendment in each state. You can also pay an additional fee to expedite the name change process.
No — you’re usually not required to obtain a new EIN just because you changed the name of your LLC. You’ll still be able to use the EIN you originally received under a previous name as long as you aren’t changing the tax status or business structure of your company. The IRS website has some helpful information regarding when you need to obtain a new EIN.
Yes — you will likely be required to notify the IRS of a name change. This will ensure that any important tax documents you receive from the IRS reflect your new business name. You may be required to present a certificate of amendment from the state. This certificate proves to the IRS that the name change was approved and made official.
Yes — your LLC name can be the same as another LLC’s name in a different state. Every state only requires you to have a name distinct from other businesses in that state. Still, be sure to check that the other LLC isn’t a foreign LLC that has been registered in your state. Even if they aren’t registered in your state, they may have applied for federal trademark registration. If so, you won’t be able to use that same name without infringing on their trademark rights — regardless of whether they’re registered to do business in your state.
Similarly, if you have your own foreign LLC, make sure your new name is available in every state your business is registered in. Otherwise, you could run into issues when updating every state of your new name when it comes time to do so.
A business name change is when you legally change your business name from the one that was on your LLC articles of organization to a brand new name. This name is subject to the same rules and restrictions as your original business name. For LLCs, this means your new name still needs a designator such as, “Limited Liability Company,” or some abbreviation thereof.
Registering a DBA name is when you notify the state that your business will be operating under a fictitious trade name in addition to the legal name your business was registered under. A DBA name isn’t subject to the same naming requirements as a formal business name. For example, DBA names don’t require a designator such as “LLC” at the end of the name. That’s why DBAs are normally used for marketing purposes since they usually look cleaner on a billboard or other signage.
If you only trademarked the legal name of your business, you’ll only have trademark protections on that specific name. This means if you change that name, your trademark won’t transfer to the new business name just because you changed the name on file with your state.
If you want federal trademark protection on your new business name, you’ll have to go through the trademark application process again.
LLC Formation Companies
Are you thinking of using an LLC formation service to start your business? See how the top LLC formation services compare in price, quality and service offerings. As always, we encourage you to do your own independent research to determine which provider is best for your needs.
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| Cost | $0+ | $0+ | $0+ | $0+ | $39+ |
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| EIN | |||||
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| Start Now | Start Now | Start Now | Start Now | Start Now |
- Service not offered.
- Service included in basic package.
- Service free for one year.
- Service available for additional fee.
Note that formation companies may offer promotional deals or additional free services.
Legal Disclaimer: This article contains general legal information, but does not constitute professional legal advice for your particular situation and should not be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed in your jurisdiction.
Authored by: Joseph Kellman, J.D. Joe earned his Juris Doctorate from the Charleston School of Law. Before transitioning to legal content creation, he worked at a complex civil litigation firm handling class-action, trust litigation and legal malpractice. In his spare time, you can find Joe rooting for the New York Knicks or the Virginia Tech Hokies.
Reviewed by: Laura Jackson, Esq. Laura graduated from Emory University School of Law with her Juris Doctorate and is an active member of the Georgia Bar Association. After several years of appellate advocacy and regulatory experience, Laura turned to full-time freelance legal writing. She currently writes for law firms, websites, and other publications on a range of issues.
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