- You can change the legal name of your LLC by filing Articles of Amendment with your formation state.
- If your LLC is foreign qualified in other states, you'll need to file an amendment in those states, as well.
- After the name change is approved, state and local licenses and registrations will need to be updated.
Are you thinking of changing the name of your limited liability company (LLC)? This article walks you through the steps of updating your LLC's name, as well as how a DBA (doing business as) can let you operate under a different name without changing your legal business name.
Consider filing a DBA
If you’d prefer not to change the legal name of your LLC, another option is to use an assumed or trade name made possible through a DBA (“doing business as”) filing.
A DBA allows you to do business under a name other than your company’s legal name. The legal name of an LLC is what appears on its formation document, the Articles of Organization. While your LLC can have only one legal name, your LLC can have multiple DBAs.
DBAs can be obtained by registering with a state or local jurisdiction.
For more information, see What is a DBA?
How to change the name of your LLC
To legally change an LLC name requires a state filing. However, there are several steps to take before and after to make sure everything goes smoothly.Step 1: Check name availability
The rules that apply when initially choosing your LLC’s legal name also apply when changing it. While state requirements can vary, here are the general rules:
- The LLC name must include a specific word or phrase that the state designates to LLC entities, such as “LLC”, “L.L.C.”, or “Limited Liability Company”.
- The name should not include prohibited words or those restricted by your state. For example, you may not be allowed to use the term “doctor” in your LLC’s name unless you are a licensed healthcare provider.
- The name must be distinguishable from the names of other business entities on record with your state filing office.
Conduct a name check with your state filing office to make sure the new name is available. You can also protect your right to use that name for a period of time by filing a name reservation with the state.
Note: A state name availability search is not a trademark search. To avoid trademark infringement, you should also check the U.S. Patent and Trademark Office (USPTO) official trademark database to confirm that your desired name isn’t already registered.
Step 2: Obtain consent from LLC members
If your LLC has more than one member (owner), you must obtain member approval before changing the company name. Approval for a company name change requires a resolution or written consent. Refer to your LLC operating agreement for more information.
Step 3: File the Articles of Amendment
You must file Articles of Amendment (also called Certificate of Amendment) to notify your state of your intent to change the legal name of your LLC. Once the Articles of Amendment is approved, the name change is considered official.
Note for foreign LLCs: If your LLC is qualified to do business in other states, you will need to file a name amendment in those states as well.
Step 4: Update your operating agreement
Once your LLC’s name change is official, you should update your LLC operating agreement and other internal documents to reflect the new name. This helps ensure consistency across your records. For example, if your LLC issues membership certificates, these should be reissued under the new name.
Step 5: Notify the IRS
You will need to notify the IRS of the name change. This can happen in several ways depending on how your LLC is taxed:
- Single-member LLCs: Write to the IRS at the address where you filed your return informing the agency of the name change.
- Multi-member LLC: If you’re a multi-member LLC and taxed as a partnership, mark the name change box on Form 1065 when you file your annual return. If you’ve already filed a return, notify the IRS by mail where you file your return.
- LLCs taxed as a corporation: Mark the name change box on your Form 1120 filing. (If you are taxed as an S corporation, use Form 1120-S.) If you’ve already filed for the year, you must notify the IRS by mail at your filing address.
Do I need a new EIN for an LLC name change?
A name change alone does not require a new EIN. According to the IRS, you typically need a new EIN when changing your entity’s ownership or structure. For example, if you changed your name from "Best Builders LLC" to "Premier Builders LLC", you can keep the same EIN.
Step 6: Update state/local agencies, licenses, and permits
In addition to notifying the IRS, you’ll need to contact your state’s Department of Revenue and any relevant county, city, or town agencies of your LLC’s name change. This list may include:
- State Department of Revenue
- Department of Labor
- State/local agency handling DBA filings
- Professional licensing boards
- City/municipal licensing office
Note for foreign LLCs: In addition to filing a name amendment in other states (as noted above), you'll also need to update your registrations, licenses, and permits in each of those states.
Step 7: Register your LLC’s name as a trademark (optional)
If you want to protect your new name against infringement, consider registering it for a trademark with the U.S. Patent and Trademark Office. You can do this directly through the USPTO's website or with the help of an intellectual property attorney.
Step 8: Notify bank, vendors, and other business contacts
Don’t forget to notify the business and institutions you work with regularly. This may include:
- Banks and credit card companies
- Vendors and suppliers
- Insurance carriers and brokers
- Utility providers
- Loan and mortgage companies
- Landlords and tenants
Step 9: Update marketing materials and notify customers
Finally, make sure to update your branding across all touchpoints, including your –
- Website
- Social media and other online profiles
- Signage
- Marketing materials
- Invoices and business forms
- Letterhead
- Business cards
- Email addresses and signatures
Once your materials are updated, plan a coordinated outreach effort to let your customers, prospects, and local media know about your new name. A name change is also a great opportunity to generate buzz and reengage your audience.
Let BizFilings help you every step of the way
Are you considering a business name change? BizFilings is here to assist you in making the transition in full compliance with state and local regulations. Our services include determining your eligibility for a name change in all relevant states, preparing and filing amendment documents, and guaranteeing a seamless and quick name amendment process. Learn more about our Name Amendment Filing Service.