Naming an LLC in Delaware

Your LLC's name can have a huge impact on the success of your business. Your name will appear on all of your official documents, like contracts and tax filings, but also on your branding and marketing. Below is a list of LLC naming rules that will allow your business to remain legally compliant within the state of Delaware. These rules include naming requirements, naming restrictions, and conventions that are considered acceptable but not a necessity.

Mandatory Inclusions

• Your Delaware LLC name must contain either the abbreviation LLC, L.L.C. or the words "Limited Liability Company." You can put a comma after the name and before the foregoing LLC designations if you prefer, but most people choose not to use the comma.
• When you register an LLC in Delaware, if the name you select includes words in a foreign language, a translation must accompany the application for filing the formation.

Your Delaware LLC Name Can Never Contain...

• Any reference to the word "bank," or any variation thereof, which may indicate the company is a bank, without the approval of the Delaware Banking Commission. This also goes for words that may mislead the public into thinking you're a medical facility.
• Words the Delaware Secretary of State deems lewd, racist or objectionable.
• The words "Incorporated" or "Inc." because your business is not a corporation, it is an LLC.

At The Owner's Discretion, Your Delaware LLC Name Can Contain...

• Any combination of capital and lowercase letters, including an uppercase letter in the body of the name. For instance, "John Doe LLC" or "GreatBuys LLC."
• Numbers as well as letters. For instance, "40 Scott Road LLC."
• Your name or the name of other LLC members.
• Any of the following words in their entirety or in an abbreviated form: company, association, club, foundation, fund, institute, society, union, syndicate, limited or trust.
• Words in foreign languages. As stated above, if the name contains any non-English words, a translation must be submitted along with the application for filing the formation.

LLC Name Availability

New Delaware LLCs will need to confirm that no other business in Delaware is already using their preferred name. When you submit a Company Name Availability Search with Harvard Business Services, Inc., our team will make sure that your name is unique enough so that it won't be confused with another existing business name. 

Delaware vs. National Protection

Registering your LLC name in Delaware ensures that no other business in the state can use the same or a confusingly similar name. However, this is limited to Delaware and does not provide trademark protection. Your name is not protected in other states unless you register your LLC in those states or file a trademark with the United States Patent and trademark office. If you plan to do business in other states, it’s best to register your LLC as a foreign entity in each additional state to prevent any name conflicts.

Other LLC Naming Tips

Here are a few suggestions to help you come up with the best possible LLC name: 

• Choose a business name that clearly reflects your business's industry. 
• Avoid names that are too specific to a specific product or service, allowing room for growth.
• Opt for a name that's easy to remember, pronounce and spell. 
• Consider an LLC name that incorporates relevant keywords to improve search discoverability.

LLC Name Changes

You can change your LLC's name by filing a Certificate of Amendment and Harvard Business Services can assist you with the entire process. Before submitting we make sure the new name is available using a Delaware business name search tool. Remember that a name change only affects the legal name of the LLC. It doesn't create a new company or reset your formation date. Once the name change is approved, you should update all relevant records, including your operating agreement, business licenses, and bank accounts.

For any other questions regarding naming an LLC or Delaware LLC formation in general, contact our team and we'll be happy to help you get started.