How to Change Business Name in Delaware


Steve Goldstein
Steve Goldstein
Business Formation Expert
Steve Goldstein runs LLCBuddy, helping entrepreneurs set up their LLCs easily. He offers clear guides, articles, and FAQs to simplify the process. His team keeps everything accurate and current, focusing on state rules, registered agents, and compliance. Steve’s passion for helping businesses grow makes LLCBuddy a go-to resource for starting and managing an LLC.

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Change Business Name in Delaware

Changing a business name can give your company a new lease on life, but following the correct legal procedures is essential to ensure a smooth transition. The name is the first identity of your business. If you run it for a while and then decide to change, you must update the new name everywhere. In Delaware, popularly known as The First State, the process of modifying your business name can be quite straightforward, provided you adhere to the necessary rules and regulations.

You must follow some steps and regulations while changing your business name. For example, if you start an LLC in Delaware, you must follow specific regulations the Delaware state government sets. The current population of the so-called The First State is 1,017,551. Changing the name of your existing business in any city (especially in the capital, Dover) might affect your business reputation and existing customers adversely. Hence, before you change the name of your business, make sure the decision is rightfully taken.

Technically, the process of changing your business name in Delaware involves three major steps. In this article, I have shared how to change a business name in Delaware. To learn everything about changing a business name, I recommend you read the whole article till the end.

Reasons to Change a Business Name in Delaware

  1. Rebranding: A business may want to change its name in Delaware to reflect the new brand identity, target a different market, or signify a shift in the company’s vision and goals.
  2. Merger or acquisition: If a business in Delaware merges with or is acquired by another company, a name change may be necessary to represent the combined entity accurately.
  3. Legal reasons: A business in Delaware may need to change its name due to trademark disputes, cease and desist letters, or other legal issues.
  4. Expanding to new markets: If a business in Delaware is looking to expand into new regions or countries, a name change may be needed to avoid confusion with existing businesses in those markets or to appeal to a broader audience.
  5. Negative associations: A business in Delaware may want to change its name if the current name has become associated with negative events, such as scandals or poor customer experiences.
  6. Simplifying the name: A business in Delaware may choose to change its name to a simpler or more memorable one, making it easier for customers to remember and find.
  7. Reflecting a change in ownership: If a business in Delaware changes ownership, the new owners might change the business name.

Things to Consider Before Changing Your Business Name in Delaware

There are a few things to consider before you change your existing business name. A business name change is a huge decision for any company. Changing the business name in Delaware frequently is neither easy nor desirable. If it is absolutely necessary to change the business name, you must consider the following points-

  1. Legal requirements: Ensure you follow the necessary legal steps to change your business name in Delaware.
  2. Name availability: Search the Delaware business registry to make sure your desired new name is available and does not infringe on any existing trademarks or business names.
  3. Impact on branding and marketing: Assess how a name change will affect your existing brand identity, marketing materials, and overall company image in Delaware.
  4. Customer perception and loyalty: Consider how your current customers in Delaware will react to a name change and whether it may cause confusion or negatively impact customer loyalty.
  5. Costs associated with the name change: Changing your business name in Delaware may involve costs such as new signage, website updates, and reprinting marketing materials. Be sure to budget for these expenses.
  6. Updating licenses and permits: You must update any licenses, permits, and registrations with the new business name in Delaware.
  7. Maintaining continuity: Consider maintaining continuity with your old name during the transition period and address any potential confusion among customers and clients in Delaware.
  8. Tax implications: Consult with a tax professional to understand any tax consequences or implications of changing your business name in Delaware.
  9. Reputation management: Be prepared to manage your online reputation during the transition, as customers may leave reviews or comments on social media related to the business name change.

How to Change a Business Name in Delaware

Changing your business name in Delaware is not difficult, as I mentioned. But, before we start with the steps, you must know that one must follow some LLC naming guidelines while naming their LLC. Based on the type of business structure, naming guidelines may vary. Following are some of the guidelines an LLC must follow while changing the business name-

  • The name should be available to use
  • Any other business does not use the name.
  • The new name must include “LLC” if it is a limited liability company.
  • The name should not be confused with a government entity, such as banks, treasury, or any governmental organization.

Read Delaware LLC name search to learn about LLC naming if you form an LLC. Now, let’s dive into the steps to change the business name-

Step 1: Choose the New Name for Your Business

The first step is to choose a new name for your business. Many people file a DBA (Doing Business As) or a Fictitious Name before filing their business with the SOS. Later, they can change that name and get a new one when filing their business. When you decide to change the name of your business, you can search for the name to check if the new name is already taken or available for you to use.

To choose a new name, you must go through the same process you did when you first named your business. You go to the Delaware SOS, search for the name, check if the name is available to use if it is available, finalize it and proceed to the next step.

Step 2: Prepare Documents to File the Amendment

As soon as you are ready with the new business name, you must start preparing to file the Delaware Amendment. Along with the name change form, you must submit the following details,

  • Current business name
  • New business name
  • The entity number of the business – issued by Delaware state
  • Board of Directors’ approval statement (for corporations)
  • Information of shares (if applicable)
  • Signatures of members (LLC) or Shareholders (Corporation)
  • Delaware amendment filing fee

You must submit the above-mentioned list of details to the Delaware SOS while filing the new business name. Ensure the details you provide for the Amendment are consistent with the initial filing documents. Failing to do so might result in the cancellation of the registration.

Step 3: File the Delaware Amendment

Once everything is arranged and checked, you can file the Amendment. You must amend Delaware LLC Certificate of Formation for LLC or amend Delaware Certificate of Incorporation for the corporation. Remember, you must attach the name reservation form with the Amendment forms. You can file it online or by mail, whichever is available.

What Will Happen If I Change My Business Name in Delaware

You can change the name of your business in Delaware. You must file the Amendment for changing your name to the Delaware Secretary of State. The process of filing the amendment is the same for an LLC and a corporation. However, the forms are different. The forms are available on the official website of Delaware Secretary of State.

It is recommended to check if the name change is absolutely necessary. Because it can affect the whole business. In some cases, it is better to start a new Business than change the name of an existing one.

LLCBuddy Editorial Team

Things to do After Filing the Delaware Amendment

As soon as you are done with the filing process, you must update the new business name in other areas as well. Following are some points to consider after you change your business name in Delaware-

  • Legal documents: Delaware statement of information, loan documents, active legal contracts, or any other legal documents must be amended with the changed name.
  • Informing stakeholders: Ensure that you communicate the name change effectively to all your stakeholders, including employees, customers, suppliers, and partners in Delaware.
  • City/local registration: Some cities/local authorities in Delaware might need business registration. If your city has the same rule, then you must register your new business name with the city by submitting appropriate documents.
  • Business License: The business licenses you obtained previously to run a business in Delaware have the current name of your business. Hence, you must update your new name with the proper department to obtain appropriate business licenses and permits.
  • Bank Accounts: It is obvious that all your business accounts in Delaware have a current business name. Once you change the name, file the amendment, and pay the fees, you must update the bank accounts to avoid any inconvenience.
  • Internal Revenue Service (IRS): It is essential to update the IRS once you change your business name in Alabama. Neglecting to notify the IRS and other relevant entities may lead to confusion and disorganization within your business operations. It is absolutely necessary to amend with the IRS once you change the current business name in Delaware. Failing to amend with the IRS or any other places results in confusion and disorganization of the business.
  • Others: If you have employees, you must inform the employment development authority of the name change. Additionally, it is important to update various business permits and other legal documents as needed.
  • Website: Finally, if you have a domain, update the name there to avoid confusion. Signage, visiting cards, merchandise, and any other places where your business name is mentioned should be updated. Changing the domain name will not be a good idea as it can affect your SEO results.

FAQs

How do I go about changing the name of my business in Delaware?
To change the name of your business in Delaware, you must first file a Certificate of Amendment with the Department of State. The process involves providing the new name and the reason for the change. The fee for filing is $75.
What documents must I submit when changing my business name in Delaware?
When changing the name of your business in Delaware, you must submit a Certificate of Amendment with the Department of State. This document must include the new name and the reason for the change.
Is there a fee to change the name of my business in Delaware?
Yes, there is a fee of $75 to file a Certificate of Amendment with the Department of State to change the name of your business in Delaware.
How long does it take to change the name of my business in Delaware?
The process of changing the name of your business in Delaware generally takes about two weeks to complete.
Do I need to notify any other agencies in Delaware when changing the name of my business?
When changing the name of your business in Delaware, it is recommended that you notify the Department of Revenue, the Internal Revenue Service, and any other agencies or creditors with whom your business may have an open account.
Will I need to register the new name of my business in Delaware?
Yes, after changing the name of your business in Delaware, you will need to register the new name with the Department of State. The process involves providing the new name, the reason for the change, and the fee of $75.
Is there a limit to how many times I can change the name of my business in Delaware?
There is no limit to the number of times you can change the name of your business in Delaware. However, you must file a Certificate of Amendment each time you change the name.
Do I need to make any changes to my business license in Delaware after changing the name of my business?
Yes, after changing the name of your business in Delaware, you will need to update your business license with the new name.
What is the best way to make sure my new business name is not already taken in Delaware?
The best way to make sure your new business name is not already taken in Delaware is to search the Business Entity Database on the Department of State website. This will allow you to search for any businesses with the same name.
What happens if someone else is already using the new name I want for my business in Delaware?
If someone else is already using the new name you want for your business in Delaware, then you will not be able to use that name. You will need to choose another name.
Do I need to notify the Delaware Secretary of State when I change the name of my business?
Yes, you must file a Certificate of Amendment with the Delaware Secretary of State when changing the name of your business. The filing fee is $75.
What is the penalty for failing to update my business license after changing the name of my business in Delaware?
The penalty for failing to update your business license after changing the name of your business in Delaware is a fine of up to $500.
Do I have to provide notification of the name change to my customers and vendors when changing the name of my business in Delaware?
Yes, it is recommended that you provide notification of the name change to your customers and vendors when changing the name of your business in Delaware.
What is the best way to advertise my business name change in Delaware?
The best way to advertise your business name change in Delaware is to utilize local media outlets such as newspapers, radio and television stations, and online outlets such as social media and local business directories.
Are there any additional changes I need to make to my business after changing the name in Delaware?
After changing the name of your business in Delaware, you may need to make additional changes such as updating your business bank accounts and other legal documents.
Can I change the name of my business in Delaware without notifying the Secretary of State?
No, it is required to notify the Delaware Secretary of State when changing the name of your business. This can be done by filing a Certificate of Amendment with the department.
What is the process for changing the name of a limited liability company in Delaware?
The process for changing the name of a limited liability company in Delaware is similar to that of a corporation. The filing fee is $75 and the process involves submitting a Certificate of Amendment with the Delaware Secretary of State that includes the new name and the reason for the change.
Do I need to make any changes to my business website after changing the name of my business in Delaware?
Yes, you will need to update your business website after changing the name of your business in Delaware. This includes updating the website’s domain name, if applicable.
Do I need to update my business insurance policy after changing the name of my business in Delaware?
Yes, it is recommended that you update your business insurance policy after changing the name of your business in Delaware. Check with your insurance provider for more information.
Can I change the name of my business in Delaware without notifying my customers and vendors?
No, it is recommended that you notify your customers and vendors when changing the name of your business in Delaware. This will help ensure that they are aware of the change and can adjust their records accordingly.
What happens if I don’t update my business accounts after changing the name in Delaware?
If you do not update your business accounts after changing the name of your business in Delaware, then you may face penalties from creditors or other agencies and/or be unable to access funds.
Can I change the name of my business in Delaware without registering the new name?
No, you must register the new name of your business in Delaware with the Department of State. This involves submitting a Certificate of Amendment with the new name and the reason for the change, as well as the filing fee of $75.
Do I need to file any additional documents after changing the name of my business in Delaware?
Yes, after changing the name of your business in Delaware, you will need to update your business license and other documents such as bank accounts, contracts, and insurance policies.
Are there any restrictions on what name I can choose for my business in Delaware?
Yes, the name of your business in Delaware must be distinguishable from any other existing businesses on the Business Entity Database. Additionally, the name cannot include certain words or phrases that are prohibited by law.
Can I change the name of my business in Delaware without filing a Certificate of Amendment?
No, you must file a Certificate of Amendment with the Delaware Secretary of State when changing the name of your business. The filing fee is $75.
How can I find out if my new business name is already taken in Delaware?
The best way to find out if your new business name is already taken in Delaware is to search the Business Entity Database on the Department of State website. This will allow you to search for any businesses with the same name.
Is there a time limit in which I need to update my business accounts after changing the name of my business in Delaware?
Yes, it is recommended that you update your business accounts within 30 days of changing the name of your business in Delaware. This will help ensure that your accounts are up-to-date and avoid potential penalties.
What are the benefits of changing the name of my business in Delaware?
The benefits of changing the name of your business in Delaware include giving your business a fresh start and making it easier for customers to find you online. Additionally, it can help to differentiate you from competitors.
How do I change my business name in Delaware?
In Delaware, you are required to file a Certificate of Amendment with the Delaware Division of Corporations in order to change the name of your business. You can file the Certificate of Amendment online, or by mail.
Is there a cost to change my business name in Delaware?
Yes, there is a fee of $90 to file a Certificate of Amendment with the Delaware Division of Corporations.
What information is required to change a business name in Delaware?
In order to change the name of your business in Delaware, you will need to provide the current name of your business, the new name you would like to use, the date of the original Certificate of Incorporation, and the signature of an authorized officer.
How long does it take to change a business name in Delaware?
Generally, it takes one to two business days to process a Certificate of Amendment in Delaware.
Do I have to register my new business name in Delaware?
Yes, you are required to register your new business name with the Division of Corporations in Delaware.
What documents are required in Delaware to register a new business name?
You will need to submit the Certificate of Amendment, an original signed Certificate of Incorporation, and the applicable filing fee of $90.

Also Read

Why Delaware Change Business Name is So Important

Changing a business name may seem like a small and superficial change, but in reality, it can have a significant impact on a company’s bottom line. A strong and memorable business name can attract customers and make it easier for them to remember and refer to the company. On the other hand, a weak or outdated business name can hinder a company’s growth and limit its potential for success.

Delaware’s decision to change its business name is a smart move that demonstrates a willingness to adapt and evolve with the times. By updating its name to better reflect its offerings, values, and mission, Delaware is signaling to the business community that it is committed to meeting the needs of modern businesses and providing them with the tools and support they need to succeed.

Moreover, changing a business name can help differentiate a company from its competitors and create a strong and distinctive brand identity. In a crowded marketplace, where competition is fierce and consumer attention spans are short, standing out from the crowd is essential to attracting and retaining customers. By changing its business name, Delaware is positioning itself as a unique and innovative player in the business world, setting itself apart from other states and jurisdictions that may offer similar services.

A business name is also a reflection of a company’s values and culture. By changing its name, Delaware is sending a powerful message about its commitment to diversity, inclusivity, and equality. A business name is often one of the first things that people notice about a company, and a name that reflects progressive values can help attract like-minded customers and employees who share those values.

Lastly, changing a business name can help reenergize and reinvigorate a company, giving it a fresh start and a renewed sense of purpose. In today’s rapidly changing business environment, companies must be willing to adapt and reinvent themselves to stay ahead of the competition. By changing its name, Delaware is signaling to the business community that it is open to change, innovation, and growth.

In conclusion, Delaware’s decision to change its business name is a smart and strategic move that reflects a commitment to staying relevant and competitive in an evolving business landscape. By updating its name to better reflect its offerings, values, and mission, Delaware is positioning itself as a forward-thinking and innovative player in the business world. A business name may be just a few words on a page, but it can have a powerful impact on a company’s success and longevity. Delaware’s decision to change its name should serve as a reminder to other companies that in today’s fast-paced and competitive business world, staying relevant and standing out from the crowd is essential to achieving long-term success.

Conclusion

It is not desirable to change business names frequently. But if it is required, you must change it. Whether you are rebranding or restructuring your company, this guide walks you through the essential steps to change your business name in Delaware efficiently and effectively. The process of changing the name and filing the amendment form in Delaware is not so difficult. However, a list of details is needed to submit. Make sure they all are accurate and consistent with the previous filing documents.

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