Should you find yourself in the position of needing to make changes to your Delaware LLC’s Certificate of Formation, the foundational document for your company’s legal establishment in Delaware, you will need to take the step of submitting a Certificate of Amendment to the Delaware Secretary of State, Division of Corporations.
In addition to the amendment itself, you must include a cover letter along with the required $200 filing fee. To assist you in the process of filing the Delaware Certificate of Amendment independently, we have outlined detailed instructions below.
Can an LLC Name Be Changed in Delaware?
Certainly, updating your LLC’s name in Delaware is a straightforward and feasible process. Here’s a condensed guide on how to do it:
- Initiating the Change: Begin by submitting a document known as the Certificate of Amendment to the Delaware Secretary of State. This is the formal method for altering your LLC’s name within the state.
- Processing Fee: The state of Delaware charges a nominal fee of $200 for this amendment process.
- Post-Approval Actions: Once your new LLC name is officially approved by the state, there are a few critical entities you need to inform. These include:
- The Internal Revenue Service (IRS): To ensure that your tax records are accurately maintained.
- The State Tax Department: To update your tax information at the state level.
- Your Business Bank Account: To align your financial records and transactions with the new business name.
- Additional Updates: Beyond these formalities, it’s also important to reflect your new LLC name across various aspects of your business presence. This includes updates to your website, marketing materials, and any other platforms where your business name is displayed.
Throughout this guide, I’ll provide useful tips and insights to help you navigate this process smoothly and effectively.
Over time, we’ve undergone the process of renaming our LLCs, giving us direct insight into the procedure. This experience includes completing and submitting the necessary documents, as well as coordinating with the IRS and various financial institutions.
Summary: 7 Steps to Change an LLC Name in Delaware
To change the name of your LLC in Delaware, here are the key steps you need to follow:
- Verify Availability of the New Name: Make sure the new name for your LLC is not already in use by conducting a search through the Delaware business records.
- Submit the Amendment Form: File the required Delaware Amendment form with the state to officially change your LLC’s name. This process includes a waiting period for approval.
- Inform the Delaware Division of Rvenue: It’s essential to update your business name with this department for state tax purposes.
- Notify the IRS: Update your business name with the Internal Revenue Service to ensure proper tax filings.
- Update Financial Institutions: Inform banks and credit card companies about your LLC’s name change to maintain financial consistency.
- Revise Business Licenses: Amend any business licenses or permits to reflect your new LLC name.
- Update Branding and Accounts: Make sure to change your business name on all branding materials, business accounts, and any other relevant places.
Regarding the cost, changing an LLC name in Delaware requires a filing fee of $200 for the Certificate of Amendment form. This fee remains the same whether you file the form online or via mail.
Changing Your LLC’s Name in Delaware
Changing the name of your Limited Liability Company (LLC) in Delaware involves several steps, from ensuring the new name’s availability to updating official records with various entities. This article will guide you through each step, drawing on firsthand experience in the process.
Step #1: Check if Your New LLC Name is Available
Before you can rename your LLC, it’s crucial to ensure that the new name you have chosen is not already in use. This involves conducting a thorough search through the Delaware Secretary of State’s business entity database. This search will confirm whether the name you want is unique and adheres to Delaware’s naming guidelines.
Step#2: File the Delaware Amendment Form (and Wait for Approval)
Once you’ve confirmed that your desired name is available, the next step is to officially file for a name change. This is done by submitting the Delaware Amendment form, also known as the Certificate of Amendment, to the Secretary of State. After filing, there will be a waiting period during which your application is reviewed and, hopefully, approved.
Where do I submit Delaware LLC Certificate of Amendment?
Amendments are filed with the Delaware Secretary of State, Division of Corporations.
Mail/In-Person Filings:
401 Federal Street Suite 4
Dover, DE 19901
Phone: (302) 739-3073
Step#3: Update the IRS
After your new LLC name is approved, the next critical step is to inform the Internal Revenue Service (IRS) of this change. This ensures that all your tax documents and liabilities are correctly aligned with your new business name. Generally, this involves updating the information associated with your LLC’s Employer Identification Number (EIN).
Step #5: Update the Delaware Division of Revenue
Your LLC’s name change must also be reported to the Delaware Division of Revenue. This state-level notification is necessary to ensure that all your state tax records and obligations reflect your new business name.
Step #6: Update Financial Institutions (Credit Card Companies, Banks)
Financial institutions where your business has accounts must also be informed of your LLC’s new name. This includes banks where your business holds accounts and credit card companies. Updating these institutions is crucial to maintain financial continuity and to ensure that all transactions are processed under your LLC’s new name.
Step #7: Update Business Licenses
Depending on your business type and location, you might need to update or reapply for business licenses and permits under your new LLC name. This is an essential step to ensure that your business operates legally and is in compliance with local and state regulations.
Step# 8: Update Other Places (Branding Materials, Business Accounts, etc.)
Finally, don’t forget to update your new business name in all branding materials and business accounts. This includes your business website, social media profiles, business cards, letterheads, and any marketing materials. Ensuring consistency across all platforms is vital for brand identity and recognition.
How Much Does it Cost?
In Delaware, the filing fee for the Certificate of Amendment form, which is necessary for changing your LLC name, is $200. This fee is standard whether you file the form online or by mail.
Changing your LLC’s name in Delaware is a detailed process that requires careful attention to each step. By following this guide, you can ensure a smooth transition to your new business name, maintaining legal and financial integrity throughout the process.
FAQs on Changing Your LLC’s Name in Delaware
1. How do I check if my desired new LLC name is available in Delaware?
- You can check the availability of your new LLC name by searching the Delaware Secretary of State’s business entity database. This online search will help you determine if the name you want is unique and complies with state naming guidelines.
2. What is the filing fee for changing an LLC name in Delaware?
- The filing fee for changing your LLC name in Delaware is $200. This fee is required when you submit the Certificate of Amendment form to the Secretary of State, regardless of whether you file online or by mail.
3. How long does it take for an LLC name change to be approved in Delaware?
- The approval time can vary, but generally, it takes a few business days for the Delaware Secretary of State to process and approve your LLC name change application. It’s advisable to check with the Secretary of State for current processing times.
4. Do I need to update my LLC’s name with the IRS after changing it in Delaware?
- Yes, after your LLC name change is approved by the state, you should update the IRS with your new business name. This update is crucial for maintaining accurate tax records and should be done promptly.
5. Are there other entities I need to notify about my LLC’s name change?
- Beyond the IRS, you should notify the Delaware Department of Finance and Administration, your financial institutions (like banks and credit card companies), and update any business licenses and permits. Additionally, it’s important to update your branding materials and business accounts to reflect the new name.