Changing the name of your LLC or corporation can seem overwhelming. If you've been operating with one name for an extended period of time and wish to change the name of your business, you probably have to change the name in a variety of places like your bank, your insurance company, your social media, etc.
But first, you have to change the name of your LLC or corporation with the state of Delaware. Today we're going to walk you through the process of changing the name of your LLC or corporation.
The Document Needed to Change Your LLC or Corporation Name
In order to change the name of your LLC or corporation with the State of Delaware, you'll have to file a document called an amendment.
What Is An Amendment?
An amendment is a document filed with the state of Delaware that makes a change to your existing articles of formation (LLC) or incorporation (corporation).
The most common reason for filing an amendment is to change the name of the corporation or change the stock election. Amendments are the most common type of filing aside from formations.
For LLCs, because there is no stock involved, the name is the only thing that can be amended.
Can I File an Amendment myself?
The State of Delaware Division of Corporation provides the forms necessary to do so on their website but states "the Division works closely with the registered agents that provide incorporating services and we encourage the users...to contact one of the registered agents for additional information."
Technically yes, you can file an amendment yourself. To do so, select the form you need based on entity type from the state website here. You'll be required to submit your filing online or by mail with the appropriate fees as well as the required cover memo. The completed filing is then sent back to you via mail.
If you'd like to expedite and simplify the process, you can have a registered agent file the amendment for you (as recommended by the Division of Corporations).
The Incorporators Ltd. is a commercial registered agent, with contracted direct access to the Delaware Corporate Information System (DCIS). We are a full-service filing company, making filing, research and retrieval services fast and affordable. If you would like us to assist you with an amendment filing, please fill out this form and we'll respond quickly with pricing for your amendment filing.
Types of Amendments
Correction filing - Correction filings are used when something was accidentally filed wrong in the initial filing. If you formed your company or corporation with a spelling error or chose the wrong company ending (such as Co. instead of Ltd.), a correction filing is what you'll need.
Amended filing - Amended filings are used to make a change to your existing articles of incorporation or formation. This is generally what we would file to change the name of your LLC or corporation, unless it was recently formed and would qualify as a correction.
Restated filing - This type of filing is generally used when a corporation needs to restate certain articles in the formation document, while amending or adding others.
Do I Have to Use My Existing Registered Agent?
You do not have to file the amendment with the registered agent you currently use or formed your company with. Any Delaware registered agent can file an amendment on your behalf.
Do I Need to File an Amendment to Change my Registered Agent?
No. Changing your Delaware registered agent is a separate form. If you'd like to use The Incorporators as your Delaware registered agent, you can fill out our quick online form here to change your registered agent.
What Will I Receive Back, Once I File My Amendment?
When you file an amendment and it is approved by the State of Delaware, you receive a file-stamped copy back as evidence of the completed filing.
Many clients believe they will receive a new certificate of incorporation but this is not the case. The amendment document does not replace your articles of incorporation (corporation) or articles of formation (LLC). For this reason, it is important to maintain copies of the complete filing history for your entity.
What if I need a Certificate of Good Standing?
Once your amendment is filed and approved, any certificate of good standing ordered will state the new name of the LLC or corporation. You can order a Delaware certificate of good standing online here.
If you have any questions about changing the name of your Delaware LLC or Corporation, feel free to contact us or give us a call at 800-223-3928. We're happy to help.
DISCLAIMER: The Incorporators LTD. is a business formation service company only.
All content on this site is for informational purposes only and should not be construed as legal, taxation or financial advice or services.