Can I Change the Name of My LLC? (Step-by-Step Guide)

Yes, you can change your LLC's name, and it's actually easier than you might think.

This requires a formal amendment to be filed with the state, payment of a filing fee, and updating of the correct agencies and records. Not immediate, but some steps can be taken, and it is entirely manageable.

There are countless reasons for a business to change its name, including rebranding, a new direction, trademark issues, or simply because the name no longer meets the needs of modern business. Regardless of the reason, LLC name changes go through a specific legal process, and errors often occur when people miss steps in the process.

Can You Legally Change the Name of an LLC?

Yes, LLCs can change their official business name in most states by filing Articles of Amendment (also known as a Certificate of Amendment) with the agency in charge of business registration, which is usually the Secretary of State.

There are some differences in the requirements depending on the state. Several States allow amendments to be processed online within a couple of business days. Others need to be filed in paper form, and may take weeks to be finalized. Typically, filing fees can cost anywhere from $25 to $150, depending on the state.

As an example, let's assume that you founded a cleaning business called "Metro Cleaning LLC" five years ago. Since then, you've grown to provide full property maintenance, and the name doesn't reflect your operations. By filing Articles of Amendment, you can change the entity to "Metro Property Services LLC" without creating a new business entity or dissolving the existing business entity.

The LLC dissolution shall not be interpreted as the end of the LLC. Your operating agreement, EIN, and legal history remain intact.

Common Reasons Businesses Change Their LLC Name

There's no single reason businesses go through an LLC name change. Some of the more frequent scenarios are:

• Rebranding: If you change your name, logo, audience, or position in the marketplace, you might need to rethink your name.

• Growth into new markets: When a business expands beyond its original market or city, it can become constricted by its name.

• Trademark conflicts: If there is another business registered with a similar name, then you may need to change the name to prevent legal issues.

• Ownership or partnership changes: If the business is sold, the name may no longer be acceptable, or if new partners join the business, the name might not be suitable.

• Outgrown the Original name: The original name was too early, and the business name was quickly assigned. Owners may choose to change their business name as the business grows and evolves to something more professional or to better fit the brand.

There are no edge cases on these. These occur frequently, and in every case, the proper and only legal method to make changes to the name on record is the amendment process.

How to Complete an LLC Name Change

Let's take a step-by-step look at this.

1. Check Name availability: Make sure that the new name is not taken in your state before you file anything. A majority of State Secretaries' websites provide a free business name search tool. The name also needs to include an LLC designator ("LLC," "L.L.C.," etc.) as required by state law.

2. Check your state's naming regulations: Some states will limit names based on certain words. Make sure to read your State's rules before choosing a new name.

3. File Articles of Amendment: This is the most essential amendment that actually changes your LLC name. An online option is available in many states. With business amendment services, they do the paperwork for you, and they know that it's been accepted because they do it themselves, saving time and avoiding the risk of it being rejected due to a clerical error.

4. Let tax agencies and banks know: Provide the IRS with Form 8822-B to inform the IRS of a name change for your business. After that, you need to let your bank know; most banks need to receive a copy of the amendment from the state that has been stamped before they’ll make the change.

5. Update your registered agent information: If you have your registered agent entered into any documents under the old business name, it's time to fix it. Filing any changes to your registered agent information keeps your records accurate, and any notices of law remain where they need to be and under the name you want.

6. Update licenses, permits, and contracts: Change any licenses, permits, or contracts that are bound to the old name. Vendor and client agreements generally will still apply, but it is advisable to issue new agreements with the new name.

7. Update branding elements: Website, email signatures, invoices, etc., should be updated to reflect the new name. This step is easy to overlook, but a lack of uniformity in branding will lead to confusion and affect credibility.

What Happens After You Change Your LLC Name?

Some things remain the same, and some things need to be addressed.

You will not need to change your EIN if you change the name of an LLC. The IRS will associate the EIN with the entity, not the name. Existing contracts are the same: They are still legally valid and binding after the name change, as the legal entity itself has not been changed.

What is to be changed/improved:

• Bank and financial accounts.

• Data in payroll records and employee-facing documents

• State and local business licenses

• Update vendor agreements and client contracts (if applicable)

• Marketing and branding materials

Updating financial records for a business is something that business owners do quickly or put off. You will want to maintain consistency in your accounting records, bank statements, and tax filings from the date of the amendment. 

Mistakes to Avoid During an LLC Name Change

After an amendment has been filed, these are the problems that most commonly occur:

• Lacking up-to-date professional licenses. Having a business licence or contractor permit with the old company name can lead to compliance issues, particularly in regulated industries.

• Failure to conduct a trademark search. The availability of state names doesn't necessarily mean that they are clear for trademark use. Don't settle on a new name without performing a search in the USPTO database to prevent a conflict in the future.

• Failure to update banking information in a timely fashion. Having two names makes it difficult to have paper trails, especially if you get audited by the IRS.

• Inconsistent branding. When your website name is different from your invoices, and your state registration is different, clients and vendors notice. Make all changes at once or, at least, on a clear schedule.

• Missing state-specific requirements. After an amendment, some states mandate that a notice be placed in a local newspaper. Others have other forms for certain types of licenses. The Articles of Amendment may not be sufficient to fill the gap if it is assumed that it does.

Should You Handle It Yourself or Use a Filing Service?

If the case is simple, if it's just one state and there's no litigation pending, then it's possible to do it yourself. Often, the state websites have instructions on how to amend, and the amendment itself isn't difficult. 

However, mistakes in preparing the amendments do occur. If they are rejected, deadlines are missed, or documents are incomplete, the process can be delayed significantly. A business amendment service for professionals can review the filings before submission, ensure that the new name complies with the state's naming requirements, and monitor the process to ensure the amendment is filed and approved.

It's not only about speed, but it's also about accuracy. You should have someone take care of the entire process of changing your LLC name(s) if your name change is related to changing your registered agent, operating agreement, or business licenses, as there's a high risk of something falling apart if you're dealing with all of these changes yourself.

If your business is an LLC that operates in more than one state or if you have active contracts and employees, most of the time, it is worthwhile to seek out professional assistance.

The Process Is Manageable; With the Right Support

Changing the name of an LLC is not a complicated legal process, but there are details to attend to at each step. Failure to file, record some information inconsistently, or to update the license on time can cause issues that will cost more than the amendment itself.

The good news: An LLC name change is a standard compliance activity and shouldn't disrupt operations with the correct procedure and direction.

Revive Business can assist you with all aspects of LLC amendments and name changes. Name availability, Article of Amendment preparation and filing, and tracking all downstream updates, from registered agent changes to financial changes. If you are not sure whether you need a name change and want to be sure it gets done the way you want, contact us now.

Frequently Asked Questions

What are the fees for changing the name of an LLC?

Usually, the filing fees for states vary between $25 and $150. Some states have higher speeds for quicker processing. Professional filing services help eliminate that risk of error, while increasing the cost.

Do I need a new EIN if I rename my LLC? 

An LLC filing does not need to be renamed to get a new EIN. The EIN is not tied to the name of a legal entity; it's associated with the legal entity. Use Form 8822-B to let the IRS know about the name change.

How long does an LLC name change take? 

It varies by state. You can expect online filings to be completed within 3-7 business days. Paper filings can be made in 2-6 weeks. Most states offer expedited services for an extra cost.

Can I operate under a different business name? 

Yes, by filing a DBA (“Doing Business As”) or fictitious business name/trade name. A DBA allows you to run a business under a different name without altering the LLC's legal name.

Do I need to notify the IRS after changing my LLC name? 

Yes. Submit Form 8822-B to change the name of your business with the IRS. Let your bank, state tax agency, and any federal or state licensing agencies (if applicable) know about your LLC.