Change Your Company Name: Certificate of Amendment

By Brett Melson Tuesday, May 21, 2019

Is your company name outdated, or does it no longer reflect the nature of your business?Change Your Company Name

You are allowed to officially change your company name. Often, people think it will be costly and time-consuming to change a company name, or that a new company must be filed with the new name.

This is not true; your company name can be officially changed, quickly and easily.

When to Use a Certificate of Amendment to Change Your Company's Name

In some cases, the original name may have been too specific, such as Bob's Deck & Patio LLC, created before Bob began doing more general contracting and home building. In other cases, a company may be re-branding and want the centerpiece to be the new name.

Instead of filing a new company, you can simply call us. We can prepare and file a Delaware Certificate of Amendment to the Certificate of Formation (for LLCs) or Certificate of Incorporation (for corporations) with the Delaware Secretary of State’s office.

This filing officially changes the name, either immediately or on an effective date, whichever option is selected by the client.

Filing a name amendment, as opposed to filing a new company, will allow you to maintain the history that is connected to your original filing. Assets don’t change hands, liabilities remain the same, all contracts remain in force and all accounting and tax records remain the same.

The name changes but everything else remains intact. This saves you the hassle of opening a new bank account, obtaining a new EIN and creating entirely new internal documents. The formation date of the company remains the date of the original formation, which is an important consideration for many entrepreneurs.

How To File a Certificate of Amendment

The first step in the name change process is choosing the name. This can be a tough decision. For assistance in picking out the right name for your company, read this helpful blog post on naming your company in Delaware.

To make sure your company name is available in Delaware, take advantage of our free corporation search.

After the name has been selected and reserved with the Division of Corporations, a Certificate of Amendment will have to be prepared; it must be signed by an authorized officer of the company.

Next, the Certificate of Amendment needs to be filed with the state, and the name will officially change as of the date and time the document is filed, or at some specified date known as the "effective date," after the file date.

Company names cannot be effective before the filing date of the name amendment. The state of Delaware typically takes three to five business days to return certified copies of the filing documents. We can file your Certificate with the state of Delaware, relieving you of the hassle and paperwork. 

Once the amendment is filed, you should make sure everyone--your clients, your bank, et al.--is aware of the new name for the company.

The easy way to inform everyone is to make a list and inform everyone on the list of your new company name. Be sure to include:

  • government agencies your company works with
  • clients
  • vendors
  • banks 
  • the post office
  • UPS 
  • Federal Express
  • DHL 
  • any other businesses your company deals with

Some of the bureaucracies involved may have a form to fill out, and they may ask you to return the form with a copy of the approved Certificate of Amendment.

The IRS allows this change to be made rather easily. Simply send a letter to the IRS stating the new name of the company, the old name, your EIN (Employer ID Number) and the signature of a corporate officer.

To summarize, these are the steps to changing your company name:

  1. Choose your new name.
  2. Do a corporation name search to make sure your new name is available with the state.
  3. Reserve the new name with the Delaware Division of Corporations
  4. Prepare and sign a Certificate of Authority.
  5. Notify your employees, vendors, banks, and other parties about the new name.
  6. Send a letter to the IRS, including your company EIN, notifying them of the name change.

Finally, go forward and prosper with the new company name that properly reflects the business you have worked so hard to build!

 

Photo Credit: By Eviatar Bach (Own work) [Public domain], via Wikimedia Commons

Disclaimer

THE AUTHOR OF THIS BLOG ARTICLE IS NOT A LAWYER AND HARVARD BUSINESS SERVICES, INC. IS NOT A LAW FIRM. THE ARTICLE ABOVE IS NOT INTENDED AS LEGAL ADVICE AND SHOULD NOT BE TAKEN AS LEGAL ADVICE. THIS SHORT ARTICLE IS STRICTLY TO MENTION SOME ASPECTS OF DELAWARE’S CORPORATION LAWS AND/OR LAWS RELATING TO OTHER FORMS OF ENTITIES WHICH YOU MAY NOT BE FAMILIAR WITH. WE RECOMMEND THAT YOU CONSULT WITH A LAWYER BEFORE FORMULATING A STRATEGY WHICH WILL BE SUITABLE FOR YOUR SPECIFIC CASE.

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There are 5 comments left for Change Your Company Name: Certificate of Amendment

Pallav Tandon said: Wednesday, May 29, 2019

I want to change my incorporation name. Can you let me know if it is possible ?

HBS Staff replied: Wednesday, May 29, 2019

Pallav, we would be happy to assist you. You can reach us via LiveChat or call us 9-5 at 1-800-345-2677. We'll guide you through the process.

Alain Bwabrey said: Thursday, May 23, 2019

Can I use the Certificate of Amendment to convert a California LLC into a Delaware Non Profit organization keeping the same name and the same operations? If not, please let me know the best way to go.

HBS Staff replied: Thursday, May 30, 2019

We can only assist with the Delaware side of a conversion by preparing and filing a Certificate of Conversion with the Delaware Secretary of State for approval. We will also prepare and file a Certificate of Incorporation with the Delaware Secretary of State for approval as well. Generally, clients will consult with an attorney convenient to them or their location or work with the California Division of Corporations directly to determine if the company will owe any fees in California prior to proceeding with the conversion. We can only assist with the Delaware part of this process.

Hyacinthe Hamon said: Thursday, May 3, 2018

Hi, I've stumbled upon your website looking to amend my Delaware company name. I would like to change the company name "Claimly Technologies, Inc." into "Cypher Technologies, Inc." Is it something you can help me with? Kind regards, Hyacinthe

HBS Staff replied: Monday, May 7, 2018

Yes, of course. You can reach us via LiveChat from our homepage or call us 9-5 at 1-800-345-2677. We would be happy to assist you.

janet otero said: Saturday, January 27, 2018

Need to correct name and complete corporation book

HBS Staff replied: Monday, January 29, 2018

Feel free to call us or Live Chat with us from our homepage in order to do a name change amendment. 1-800-345-2677.

Dennis R.White said: Wednesday, May 31, 2017

Fee please for name change......thank you!

HBS Staff replied: Thursday, June 1, 2017

$450 includes the state of Delaware fee, document preparation and approval from Delaware in 3-5 business days.

Feel free to contact us for assistance at 1-800-345-2677.

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