Change Delaware LLC or Corporation Name

In the context of a document on file with the Delaware Secretary of State, an amendment can be filed to change your Delaware business name, the Registered Agent for a company, the stock authorized by a corporation, or any other provision in the Certificate of Incorporation or Certificate of Formation for a Delaware LLC.

Can I Change the Name of My LLC?

Yes, you can change the name of your LLC by filing a Certificate of Amendment with the Delaware Secretary of State and paying the filing fee. There is no limit to how many times you can change the name of an LLC. However, LLC members should be cautious of “repurposing” an LLC too many times and risking carrying liabilities from an old business into a new one.

Why Should You Formally Change Your LLC Name?

Some states levy penalties against businesses that operate under a different name than what they registered with their state of formation and/or the states where they do business. Businesses that intend to operate under a name different than their registered name should file a name change amendment or a DBA prior to doing business under that name. This way, they reduce the risk of exposing themselves to personal liability for their business.

How to Change the Name of Your LLC

Should you wish to amend your Certificate of Incorporation / Certificate of Formation, we can prepare a Certificate of Amendment for your review, approval, and filing.

Certificates of Amendment are often used to:

• Change the Registered Agent of the corporation or LLC to Agents and Corporations, Inc.
• Amend the number of authorized shares of stock in a corporation.
• Change the name of an LLC or corporation.
• Insert member or manager names into a Certificate of Formation.
• Add almost anything you wish.

Please call us if you are interested in this service. For drafting, filing, and document delivery to you of the filed documents, we charge a $189 processing fee (plus state fees, which are usually $200 for Delaware LLC Amendment and $194 for a Delaware Corporation Amendment). (Special Price for new Registered Agent customers: If the only change to your certificate is the change of Registered Agent to Agents and Corporations, Inc., then the total fee is only $99 including a $50 state fee and $49 processing fee with free Delaware Registered Agent service for the remainder of the calendar year).

Pros and Cons of Changing Your LLC Name

Changing the name of your LLC is not difficult, but comes with a fee. One reason to change your LLC name is to respond to a cease and desist letter from a competitor. Your LLC name may accidentally conflict with a trademark from another business in your industry. Others decide their LLC name is not resonating with customers, vendors, partners, and others. Usually a company name can either be descriptive (communicating the goods or services being provided) or imaginative (think Xerox). People sometimes start with more imaginative names trying to build a brand, but if people cannot spell your website name or email then it may be time for a change.

There are two ways to adopt a new name for your LLC. The first way is by legally changing the name by filing an amendment with the Secretary of State’s office. The second is by creating a tradename by filing a “DBA”, or Doing Business As. Some very large businesses still use DBAs, such as “Doctor’s Associates” which is better known as Subway restaurant.

The advantages of changing your LLC’s name could be to have a brand refresh which could ultimately allow for market expansion and strategic repositioning. It may be that you have pivoted toward a new service or product. Giving your brand a “refresh” can better allow your business to align its product and service offerings with its target market. A name change can also signal that your business is going through major changes, like a merger or a shift in strategy.

The disadvantages of changing your LLC’s name can include loss of brand recognition and increased marketing costs. Since your brand and your business are so intertwined, it is important to inform your customers about any significant changes, like the name of the business for example. Losing brand recognition can be detrimental to your business. Your customer knows your business by the name, by the logo, by the slogan, etc. If any of that changes, it may confuse your customers causing them to take their patronage elsewhere. Your marketing budget will likely increase because of the need to increase communication through different channels to ensure that you do not lose your brand recognition with customers.

When Should You Change Your LLC Name?

Changing your LLC’s name can promote brand identity and is not a requirement, but in some cases it can be beneficial. If your company is looking to rebrand, a good starting point could be to change the name. Changing the name can help your company better align its business strategy with its product and service offerings, and with its target market. You may also be forced to change your name if sued for trademark infringement.