How to Change Your Delaware Business Name

How to Get a New Business Name

Before you can change your business name in Delaware, you’ll need to prepare to complete a Certificate of Amendment. First, you’ll choose a name that complies with the state business requirements. Then, you’ll want to gather the information from your business formation documents. Finally, you’ll need to plan a time to file the amendment with the Division of Corporations.

1.) Choose a new business name

Your new name should reflect the new goals for your business, so you can make it whatever you want. However, before you can register your new business name, it must comply with the state’s naming requirements, including:

• A business name should include a word or abbreviation identifying the business structure. 
• LLC owners can choose from “Limited Liability Company,” “L.L.C.,” or “LLC.” 
• Corporations have more choices and must include “association,” “company,” “corporation,” “club,” “foundation,” “fund,” “incorporated,” “institute,” “society,” “union,” “syndicate,” “limited,” or an abbreviation of these words in their name. 
• The name must be distinguishable from other registered Delaware businesses.

You have many choices when including an identifier in your name. However, ensuring your name is distinguishable requires searching and comparing all Delaware registered business names to yours. Delaware defines “distinguishable” loosely. A name is considered distinguishable if it uses the plural form of a word when another business uses the singular form or uses the same keywords in a different order.

Let our business experts help you complete the search with our Business Name Services. We’ll complete a name search with the Delaware Division of Corporations and even check for an available domain name. Once you’ve guaranteed that your name is unique, if you’re not ready to use your name immediately, you can consider reserving the name for 120 days.  

2.) Gather information for filing your amendment

A name change involves filing an amendment to your business formation documents. Thus, one necessary step is to gather the information you included in your Certificate of Formation or Certificate of Incorporation. To complete the Certificate of Amendment or Certificate of Amendment of Certificate of Incorporation, you’ll need:

• The name of your LLC or corporation, as it appears on your original formation certificate
• Certification that the resolutions were duly adopted (voted on by the shareholders)
• The Article of your Certificate of Incorporation you’ll be amending (usually Article 1 certifies the business name)
• An authorized person’s signature

If you’re filing a paper form, you’ll need a cover letter with your name, address, and telephone or fax number. The software will generate a cover letter for you if you file online. Finally, prepare to pay a filing fee, which will vary with the type and size of your business. You can find the updated fee amounts on the Delaware Division of Corporations’ website.

3.) File your Delaware amendment 

Once you have all the information you need to complete your amendment form, it’s time to file with the Division of Corporations. You may file on the website using the state’s electronic Document Upload Service or by mail. To pay your filing fee, you’ll need an American Express, Discover, MasterCard, or Visa card for online payments or a check if filing by mail.

While it takes time to complete the amendment process, we can save you time with our Amendment Filing Service. Our experts will help you complete your amendment wholly and accurately.

After You Change Your Business Name

Once you legally change your business name, you’ll want to update your name with your customers, suppliers, and other agencies. Remember to change your name with:

• Your bank (for your business checking account and loans)
• Third-party suppliers or servicers
• Your branding and marketing (websites, business cards, uniforms, etc.)

Taking the time to update your new name will help avoid future confusion and preserve your liability protections.

We can help

We help entrepreneurs of all kinds understand their compliance obligations. In addition to guiding you through how to change a business name in Delaware, our team of business experts will be here to support you through all phases of owning your company. Try our Business Formation Services if you need to register your business as a new Delaware LLC or Delaware corporation. While your business grows, consider our Worry-Free Compliance Service. We’ll save your documents on your dashboard and send reminders for regular compliance deadlines.