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Can You Change The Name A Business Is Registered To When Married

Despite your best efforts to cull the perfect name for your company, at that place may come up a time when that name no longer is the best fit. Perhaps the business name no longer accurately reflects your make or there are legal considerations at play. Regardless of the reasons to make a business organisation name change, it'south a process that many entrepreneurs find confusing. The steps involved can vary depending on the business entity blazon and country of registration.

You lot may not expect ever to have to change your company proper noun but knowing what to expect will assist convalesce some of the stress if ever yous exercise face the task. So, together, permit's break down what sole proprietorships, partnerships, LLCs, and corporations typically need to do to change their company proper name.

What I'll share here will requite you a basic agreement of what'south involved to modify a business name; it is not a replacement for professional advice from an attorney. Because changing your business name may have legal implications, I advise discussing your options with a licensed business lawyer before moving forrad.

Business Name Modify Checklist

Sole Proprietorships and General Partnerships

Sole proprietorships and full general partnerships are non formally registered business structures with the country, and the IRS considers these forms of business the aforementioned tax-paying entity every bit their owners. The proper noun of a sole proprietorship or partnership contains the owners' kickoff and last names, simply owners tin can choose to market their business nether a fictitious name—also chosen a trade name or DBA ("Doing Business As")—that's more creative and interesting.

Getting a DBA requires filing paperwork with the country. Some states too require that the business concern owner place a find in 1 or more local publications to make the public aware of the DBA and who owns the business organisation using information technology. If a business owner files a DBA and so after decides to alter the name, they may do so if they follow the proper process.

The bones steps for sole proprietorships and partnerships to change their DBA include:

  1. Cancel the existing DBA and file for a new ane with the state. This involves contacting the government authority responsible for approving and registering fictitious names.
  2. Contact the bank to find out if the existing business bank account's proper noun tin can be inverse. Some banks will modify the name on the account to a new DBA, while others require closing the business relationship in the former name and opening a depository financial institution business relationship for the new DBA.
  3. Check with the city, county, and municipal government authorities about how business licenses and permits should be handled. Ask if the business'south existing business licenses and permits can be updated to reflect the new DBA or if the new DBA needs to obtain new licenses and permits.
  4. Inquire the IRS if a business proper noun change will bear upon the business's EIN (Employer Identification Number). Observe out if getting a new DBA volition crave applying for a new Employer Identification Number (EIN). Typically, a new EIN isn't necessary when irresolute a business organization name. However, if the business organisation is irresolute its entity blazon in add-on to its proper name, then a new EIN is required.
  5. Notify the IRS of the new DBA. According to the IRS website:
    • Sole Proprietors: "Write to us at the address where you filed your return, informing the Internal Revenue Service (IRS) of the name change. Annotation: The notification must be signed by the business owner or authorized representative."
    • Partnerships: "If you are filing a current year Form 1065, mark the appropriate name change box on the form: Page 1, Line One thousand, Box 3. If you lot have already filed your return for the electric current yr, write to u.s.a. at the address where you filed your return to inform united states of america of the proper name change. In addition: The notification must be signed by a partner of the business organisation."
  6. Update any client service documents and sales and marketing avails to reflect the new DBA. Things like customer contracts, sales estimates, visitor website, and letterhead are among the materials that may demand revamping.

Limited Liability Companies

An LLC (Limited Liability Company) has 2 options for irresolute its business organisation proper noun. The commencement is to extinguish the original concern proper name and annals a new one. The second is to maintain the original proper noun every bit the entity's legal name and create a DBA for marketing and branding purposes.

Option i – File LLC Articles of Subpoena with the land to change the business organisation proper noun.

Past filing a document called "Manufactures of Amendment," an LLC can request to change its business organisation proper noun. After the state approves the Articles of Amendment, the LLC will operate nether its new name and the old name volition exist no longer active. If an LLC has foreign qualified (is registered) in other states, the company must file Manufactures of Amendment in all of those states.

In addition to taking care of the name alter at the country level, LLC owners may likewise need to do some of the following steps depending on their situation:

  1. Contact their bank to find out if they can change the proper noun on their existing business banking concern account or if must they open a new concern banking company account for the new proper noun.
  2. Check with the urban center, county, and municipal government offices to find out if they must update existing business licenses and permits with the new business proper name or cancel the existing licenses and get new ones under the new business concern proper noun.
  3. Find out if the concern must apply for a new EIN nether the new business proper name. Although a name change in itself generally does not require getting a new EIN, information technology's best to verify with the IRS.
  4. Notify the IRS of the LLC's new business proper name. A single-member LLC would handle this the same every bit a sole proprietorship would; a multi-member LLC would follow the same process every bit a full general partnership.
  5. Update the company's customer service documents and sales and marketing assets. A new proper noun means all of the contracts and communications the LLC uses should reflect that new name. Amid the things that may demand to exist updated: company logo, service contracts, sales presentations and proposals, website, brochures, and visitor letterhead.

Choice 2: Keep the original name as the LLC's registered business organization name and file a DBA for the new proper noun.

Wiping the slate clean and doing a complete business proper noun change may work well for LLCs without a lot of brand awareness and reputation tied to their name. For some companies, though, information technology may make more sense to keep the existing name intact. That might be the case if the LLC has trademarked the name or has products and services strongly associated with the name) and create a new name to extend its make.

To accomplish this, a business concern may file a DBA (i.e., fictitious or trade name) for the desired business organisation name with the land or county role that has authority over DBAs. Afterwards filing the DBA, the business owners should contact the bank to discuss if the DBA tin exist added to the LLC's existing banking concern account or if it will need a separate business relationship prepare up in its name. After the DBA is ready, the next steps include creating internal and external administrative and marketing materials (such as logo, letterhead, website content, etc.) that reflect the proper noun and plant a foundation for promoting the brand.

Corporations

A company registered as a corporation has methods like to those that an LLC has for irresolute its business proper noun.

Selection i: File Articles of Amendment with the state to change the corporation'due south business proper noun.

Corporations can request the make a business name alter by filing Manufactures of Amendment with the land. Upon approval, the corporation will operate nether its new name. As is the case with a foreign qualified LLC, a corporation that is registered in multiple states must file Articles of Amendment in each country where it has foreign qualification.

Beyond taking care of the state business registration aspect of a proper name change, entrepreneurs may also need to tackle other steps:

  1. Contact the bank to observe out if they tin can change the business name on the existing bank account or if they must open a new business concern bank account under the new business name.
  2. Bank check with the urban center, county, and local regime offices to see what needs to be done to existing business licenses and permits. Tin can they be updated with the new name or must those licenses and permits exist canceled and new ones obtained under the new name?
  3. Ask the IRS if the corporation must utilize for a new EIN nether its new name. Usually, a new EIN will non exist necessary if a business organisation changes its name, but it's best to confirm.
  4. Notify the IRS of the corporation'south new name. Co-ordinate to the IRS website, instructions for irresolute a corporation'south business organization name include, "If you are filing a current year return, mark the appropriate proper noun alter box of the Form 1120 type y'all are using…If you have already filed your render for the current twelvemonth, write to us at the accost where you filed your return to inform us of the name modify. In add-on: The notification must exist signed by a corporate officeholder."
  5. Update the corporation'due south client service documents and sales and marketing materials with the new name. Assets to consider include company logo, letterhead, service contracts, vendor contracts, sales proposals, website content, brochures, and catalogs, etc.

Pick 2: Keep the corporation's original name as the registered business organization name and file a DBA for the new name.

Every bit I mentioned in the section about LLCs, in some situations, it might be more favorable for a corporation to maintain its registered proper name every bit its legal entity name and file a DBA with the appropriate government agency for the new name it wants to use. After filing the DBA, the corporation should contact the bank to discover out if it can add the DBA to the company'due south existing depository financial institution account or if it will demand to establish a split up concern banking concern account for the DBA. After the DBA is canonical, the business concern should consider creating customer documents, corporate communications, and marketing materials (such equally service contracts, proposals, visitor logo, letterhead, website content, etc.) that reflect the name and can exist used to promote the brand.

Last Tips for Making a Business organization Proper noun Change

Earlier y'all determine (afterward consulting your chaser) which method of changing your business name is most favorable, you desire to verify that the name you want to utilise is available. CorpNet offers a costless business name search tool and a trademark search tool to help you determine if a proper name isn't already claimed legally past another business. I also recommend using the United States Patent and Trademark Office's online database to help find any potential conflicts. An chaser that specializes in trademarks can too assistance in confirming a proper name'due south availability.

After you know what name y'all will use and how you'll go along with your business organisation name modify, my squad of filing experts at CorpNet tin can handle the name change paperwork for you. Whether it'due south filing a DBA or Articles of Subpoena, we can become the job washed apace and usually much more affordable than paying an attorney's fees to procedure the documents. Contact usa today to get started!

<a href="https://www.corpnet.com/blog/author/nellieakalp/" target="_self">Nellie Akalp</a>

Nellie Akalp is an entrepreneur, pocket-sized business concern skilful, speaker, and mother of 4 amazing kids. As CEO of CorpNet.com, she has helped more than half a million entrepreneurs launch their businesses. Akalp is nationally recognized as one of the most prominent experts on small business legal matters, contributing frequently to outlets like Entrepreneur, Forbes, Huffington Mail service, Mashable, and Fob Small Business. A passionate entrepreneur herself, Akalp is committed to helping others have the reigns and dive into small business buying. Through her public speaking, media appearances, and frequent blogging, she has developed a strong following within the pocket-size business community and has been honored as a Small Business Influencer Champion three years in a row.

Can You Change The Name A Business Is Registered To When Married,

Source: https://www.corpnet.com/blog/business-name-change-legally-update/

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