Company Name Not Available... Now What?

By Justin Damiani Tuesday, December 15, 2020

company name unavailable. now what?You’ve decided to take the next big step and form your new Delaware company. After some thought, you have chosen the perfect company name. Choosing your company name is one of the biggest decisions’ our clients make, as they often want their company name to convey a certain message or stand out to specific target audiences. 

While checking to see if your company name is available in Delaware, it’s possible that you will find that the entity name that you created may not be available in Delaware. While this can be frustrating and stressful, you can still proceed with forming your new Delaware company. 

Sometimes, it’s as simple as adding a word or phrase to the entity name to make it slightly different or unique.  For example, if you wanted to form the Delaware LLC, Joe’s Landscaping LLC, but after a preliminary name check in Delaware, the name does not appear to be available, you could add a word or phrase such as “Group” or “Management” making the name slightly different. The company name, Joe’s Landscaping Group LLC or Joe’s Landscaping Management LLC may be available in Delaware. 

Perhaps you’re forming a new Delaware Corporation under the name, Jones Financial Services Inc. and the name is not available in Delaware. A slight alteration to the entity name such as Jones Financial Group Inc. or Jones Financial Solutions Inc. may be successful. Sometimes, it’s best to give yourself options and come up with a list of a few entity names to see which one is available in Delaware.  I have listed examples below.

Example 1: Green Landscaping, LLC (If Name Unavailable in Delaware)

Possible Additions that may make the name available in Delaware:

  • Green Landscaping Group, LLC
  • Green Landscaping Management, LLC       
  • Green Landscaping Services, LLC

Names that won’t necessarily lead to the name being available in Delaware*:

  • Green Landscaping L.L.C. or Green Landscaping Limited Liability Company
  • Green Landscaping

*This is because Delaware considers LLC, L.L.C. and Limited Liability Company a corporate ending.  All Delaware entities are required to have a Corporate ending.

Example 2: XYZ Inc. (If Name Unavailable in Delaware)

Possible Additions that may make the name available in Delaware:

  • XYZ Holdings, Inc.
  • XYZ Enterprises, Inc.
  • XYZ Industries, Inc.

Names that won’t necessarily lead to the name being available in Delaware*:

  • XYZ Corp Inc.
  • XYZ
  • XYZ Company
  • XYZ Limited Inc.

*This is because Delaware considers Corp., Company and Limited as corporate endings for Corporations.  Clients generally need to add a word or phrase that’s unique so that the name is available in Delaware.

Delaware requires a Corporate ending for each entity. Examples for LLC’s include: LLC, L.L.C. and Limited Liability Company.  For Corporations, other examples include: Inc., Corp., Incorporated, Company, Association, Corporation and Limited. 

See more about corporate endings to company names.

Delaware has restricted words such as: University, College, Bank or Trust for Corporation formations. For LLC’s, an example of a restricted word is “Bank,” or any variation of this term.

It’s important to note that an entity name should not contain specific offensive words or relate to any act that may be deemed against Delaware law. Company names that contain inappropriate words or phrases may come under special review by the Delaware Secretary of State during the approval process. 

We offer free assistance with checking to see if your Delaware company name is available.

If you have any questions or if you need assistance with deciding which company name is best, I will be happy to assist. Feel free to contact me via email at justin@delawareinc.com or I can be reached directly at 1-800-345-2677 or 1-302-645-7400 ext. 6144.

*Disclaimer*: Harvard Business Services, Inc. is neither a law firm nor an accounting firm and, even in cases where the author is an attorney, or a tax professional, nothing in this article constitutes legal or tax advice. This article provides general commentary on, and analysis of, the subject addressed. We strongly advise that you consult an attorney or tax professional to receive legal or tax guidance tailored to your specific circumstances. Any action taken or not taken based on this article is at your own risk. If an article cites or provides a link to third-party sources or websites, Harvard Business Services, Inc. is not responsible for and makes no representations regarding such source’s content or accuracy. Opinions expressed in this article do not necessarily reflect those of Harvard Business Services, Inc.

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