Process of a Corporate Name Change
- All states require that your corporation's new name not be in use by another business organization registered in the state and not violate anyone's trademark rights. Some states also forbid confusingly similar names. Most states offer a name search function on the website of the state secretary of state. The new name must also be approved by the corporate board of directors; unless corporate bylaws allow shareholders to approve a name change.
- If you simply want to change the name by which the corporation holds itself out to the public, register a trade name with the appropriate state authority (normally the state secretary of state) in every state in which the corporation is doing business, using the board of directors or shareholders resolution authorizing the change. Even though the official name of the corporation will not change, the trade name must still be unique. Most jurisdictions allow only temporary registrations -- valid for five years, for example. When the registration expires, you will have to renew it.
- If you want to change the official name of the corporation, you will need to authorize it through the board of directors or the shareholders just as you do with a change of trade name. The new name must contain an indication of the corporation's limited liability status, such as "Inc." or "Incorporated." In most states, your application must be submitted to the state secretary of state. Registration of a change in the corporation's official name is permanent -- you don't have to renew it. You can continue using any trade name you have already registered.
- You will have to notify partners, customers, creditors and the general public of the name change. Some states require the corporation to place an advertisement in a local newspaper. You will have to notify the IRS, as well, by sending a notification letter to the address where the corporation files its income tax returns. If the corporation hasn't filed its tax return for the previous year yet, simply note the name change at the appropriate place on the corporate tax return.
Name Availability
Registering a Trade Name
Changing the Official Corporate Name
Notification
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