All Delaware businesses must adhere to the naming guidelines structured by the Secretary of State, which urge them to complete a Delaware LLC name search.
Our Delaware LLC name search guide will help you in verifying whether or not your preferred entity name is available for use in Delaware. Apart from meeting the Delaware Secretary of State’s naming requirements, you must ensure that your desired LLC name is taken for use entirely and solely by your business.
1. Discover the Guidelines for Naming an LLC
Before filing your application, the first step in establishing an LLC in Delaware is to conduct a comprehensive Delaware business name search. As a result, you must select a business name that complies with Delaware’s naming requirements.
It is critical to have a distinct company name from other legally valid business organizations in Delaware. Therefore, you must carry out a Delaware entity search before registering your chosen LLC name.
In summary, the following are Delaware's LLC naming regulations:
- In the name of your entity, you must include the abbreviations (LLC or L.L.C.) or "limited liability company."
- You should avoid any mistake with governmental entities such as the FBI or the Treasury when naming your LLC.
- If you want to use prohibited words in your company name, such as Bank or Attorney, you may need to fill out extra paperwork or hire a specialist, such as a lawyer.
2. Conduct an LLC Name Search in Delaware
Using tools like the Delaware Business Search as you conduct your research is a good idea. To complete the far more accurate search, enter the desired name, disregarding identifiers such as “LLC,” and leave all other boxes blank. This will provide any entities with names that are the same or similar.
If your company name is more than two words long, you may narrow your Delaware LLC search to the first two words to ensure you get all comparable names.
What To Do If Your Preferred Name Is Unavailable
After carrying out a Delaware Secretary of State business search and skimming through the Business Entity Records, and there it was – your chosen name was already in use. So, what are the next steps?
If your LLC is established in Delaware, your only choice is to brainstorm for a new legal name. You must keep in mind that your company name should not appear to be similar to the one you previously picked. Then once you’ve found a legal business name that adheres to the Secretary of State’s naming policies, reserve it as quickly as possible.
This may become more difficult for international business entities.
While your company can be known in other states by its original name, you may need to come up with another one due to naming limitations.
3. Choose a Web Domain Name
It is important to hold a domain name that corresponds to your chosen business name before submitting your registration. This minor effort assures that clients will find your organization when surfing the internet.
You may explore a huge array of domains on the websites of domain registrars such as GoDaddy. Following that, you will be able to choose a URL that corresponds to your company name.
Find a Domain Now
4. Reserve Your LLC Name in Delaware
All entity naming requests are processed by the Delaware Department of State’s Division of Corporations. Therefore, you will have an optimal of 120 days to reserve your chosen company name.
In addition, to reserve a company name, you will be asked to submit an application online or by mail. A filing fee must be paid while reserving your name. Checks should be carried out to the “Secretary of State.”
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Additional Considerations
Establishing a business in Delaware is quite simple, however, make sure to keep certain aspects in mind. Before settling on a name for your firm, apart from Delaware LLC lookup, you may do a trademark and social media search. Thus, the additional research will allow you to determine whether or not you will be able to use your desired LLC name.
Trademark Search
Forming a new business, you may want to avoid potential complications. We suggest that you carry out a Delaware trademark search prior to filing your paperwork. This will assist you in exploring the already existing features, such as logos and slogans. Moreover, you must keep in mind that, even if another local entity holds your preferred business name as a trademark, this doesn’t prevent you from using it for your firm.
Furthermore, you may need to check the company that is using your desired LLC name, what industry they operate in, as well as where they are located. This will help you avoid accidentally violating an entity’s intellectual property rights.
In addition, consider the following steps:
- You may conduct a trademark check in Delaware to see whether another firm in your state is already using the name or slogans of your LLC.
- You may search the data on the website of the United States Patent and Trademark Office. You can look for any business entity with the same or similar name to the one you’ve chosen for your company.
Social Media Search
Choosing a domain name that clearly complements your desired limited liability business name is vital, but another factor to consider is if you can create a distinct account on social networking sites. You may use tools like Namecheckr to carry out a Delaware LLC name check on all of the major social networks at the same time.
Conclusion
The primary step of forming an LLC in Delaware is coming up with a legal and distinctive from the remaining business entities in the state.
Following the completion of the Delaware Entity Search and the selection of an LLC name, you may decide on a domain name that complements it to help your clients find your LLC on the web.
You may distinguish yourself from the competition simply by completing the Delaware LLC name reservation form. Securing your chosen Delaware LLC name might help you with the following steps of establishing your company.
If you opt for forming an LLC in Delaware, consider the following steps:
- Choose your LLC name. Before filing your documents, be sure that the name you’ve picked complies with Delaware’s naming rules.
- Choose a registered agent. All Delaware LLCs must have an agent who is in charge of handling the service of process. It can be a person or an entity that is willing to accept legal documents on your business’ behalf.
- Get a business license. Delaware has strict licensing requirements. Every Delaware-based business entity that is incorporated or runs must get a state business license from the Delaware Department of Revenue.
- File a certificate of formation. To formally establish an LLC in Delaware, you must file your certificate of formation — also known as your articles of organization — with the Division of Corporations.
- Submit an operating agreement. This document outlines how your LLC will operate, including how to resolve problems over financial agreements and other potential litigation. Without an agreement, conclusions could be drawn by the courts based on state law, not necessarily on what is best for the LLC and its members.
- Obtain an EIN and adhere to other tax regulations. Although some regulations can differ depending on your specific area and the type of your business, there are a few things you should be aware of. You should obtain an EIN. Moreover, there are certain employer obligations like paying federal taxes, self-employment taxes, and payroll taxes.
To comply with the Delaware Secretary of State’s naming rules, the name of your LLC must include these words or phrases:
- Limited Liability Company;
- LLC; or
- L.L.C.
It’s best not to include terms or phrases that imply that it is formed for a purpose not mentioned in its articles of organization.
If you ever need to change your Delaware LLC’s Certificate of Formation, you must file a Certificate of Amendment with the Delaware Secretary of State, Division of Corporations. Along with your revision, you must send a cover letter and the $200 filing fee.
You can check your Delaware LLC name availability through the Secretary of State’s office to help you discover if the name you’re considering is already in use by other entities. You can find it at corp.delaware.gov.
Starting an LLC in Delaware will cost you at least $140 — $90 for submitting your articles of organization and $50 for the state’s lowest business licensing fee.
Furthermore, the following additional costs may or may not be required for the creation of your LLC in Delaware:
- A $75 filing fee is required to reserve your LLC’s company name for 120 days.
- To run as a DBA, there is a $25 charge per county.
- For international LLCs registering to operate in Delaware, the filing cost is $200 (rather than the standard $90).
- A certified copy of your filed certificate of formation costs $50.
- Expedited services range from $50 to $100.
Although this step is not necessary for Delaware, the state allows unlimited name changes. Yet, LLC members should exercise caution when “repurposing” an LLC and risk bringing obligations from an old firm into a new one.
Persons, organizations, or associations involved in, prosecuting, or conducting any business within the boundaries of the State of Delaware must register their trade, business, and fictitious names.
What's Next?
Now that you have your entity name, it's time to take the next steps to establish your Delaware LLC. Check out our full guide on how to form an LLC in Delaware, where we can guide you every step of the way.
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