All enterprises must carry out a Tennessee Secretary of State business search prior to forming an LLC.
In our Tennessee Entity Search guide, we’ll demonstrate how to check the Tennessee LLC name availability. Aside from abiding by Tennessee Secretary of State criteria, you must assure that your preferred business name is used wholly and exclusively by your Tennessee LLC.
1. Discover the Guidelines for Naming an LLC
The first step is to perform a Tennessee business name search before completing the required documents. Then you must pick a company name that meets Tennessee’s naming regulations.
It is vital to have a different company name from other officially legitimate business entities in Tennessee. As a result, before filing your selected entity name, you must conduct a Tennessee LLC search.
In summary, the LLC naming regulations are as follows:
- 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 a Tennessee LLC Name Search
Prior to filing your name reservation request, you may check Tennessee’s Business Information Search as well as the Name Availability Search to determine if your selected name is available.
The phases of doing an effective Tennessee LLC lookup are as follows. Remove words like “LLC” from your intended LLC name. All entities with names that sound similar to the one you’ve chosen will be found. If your LLC name consists of more than one word, you should limit your search to the first two words to guarantee that you locate all possible related names.
What To Do If Your Preferred Name Is Unavailable
Your desired name was determined to be in use after doing a thorough Tennessee LLC name search. So, what are your plans now?
Your only alternative is to come up with a new LLC name that is both legal and accepted by the state. It should also not be too similar to the one you previously chose.
This method may be difficult for overseas firms trying to expand.
Whether or whether your LLC is recognized in other states by its original name, you must comply with the Secretary of State’s naming criteria; you must amend it if it is the same or too similar to an existing LLC name in Tennessee.
3. Choose a Web Domain Name
It is best to come up with a domain name that is appropriate to your selected business name before filing your registration. This modest effort ensures that clients may discover your company while searching the web.
On the websites of domain registrars such as GoDaddy, you may browse through a wide list of domains. Following that, you will be able to select a URL that appropriately fits your company name.
Find a Domain Now
4. Reserve Your LLC Name in Tennessee
Tennessee’s Secretary of State Business Services Division oversees the limited liability company naming concerns and requests. You can make a Tennessee LLC name reservation only for a period of four months. Once your reservation’s expiration date arrives, you may renew it if you have yet to incorporate your business using the reserved name.
It’s important to mention that you must file a request by mail to reserve a company name. You will pay an application fee while registering your name, and checks should be payable to the Secretary of State.
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Additional Considerations
While founding an LLC in Tennessee is simple and quick, there are some additional factors to take into account when establishing your company. Before making a final choice on your company’s name, do considerable research, including a trademark and social media search. As a consequence, this stage will help determine whether or not you have the lawful right of using your preferred company name.
Trademark Search
Do a trademark search in Tennessee before submitting your business name and other aspects, such as a slogan and logo, to avoid potentially costly difficulties. The fact that another firm has registered your desired LLC name as a trademark does not prevent you from applying it.
It’s important to know who is using the name, what industry they’re in, and where they’re situated to avoid mistakenly violating anyone’s intellectual property rights.
In addition, consider the following steps:
- You can perform a trademark search in Tennessee to determine whether another company in your state is already using your LLC’s name or slogans.
- You may check the databases found on the United States Patent and Trademark Office’s website. You may search for any business entity that has the same or a similar name to the one you’ve picked for your business.
Social Media Search
Picking a domain name that obviously compliments your desired limited liability company name is crucial, however, another consideration is whether you are able to create a unique account on social networking platforms. You may use tools like Namecheckr and you can do a Tennessee LLC name check on all social networks.
Conclusion
Choosing a Tennessee LLC name is both exciting and challenging. You can continue with the formation process as long as your chosen name is legal and distinct.
After doing a Tennessee entity search and choosing an LLC name, you may need to select a domain name that corresponds to it so that potential clients can easily find your LLC on the internet.
After that, you may fill out a Tennessee LLC name reservation form to set yourself apart from your competition.
- Finalize your LLC name. It’s essential to ensure that your chosen Tennessee LLC name complies with the Secretary of State’s naming laws before filing your papers.
- Assign a registered agent. LLCs are required to appoint a person or a firm as a registered agent to handle the serving of process. They must accept legal papers on behalf of your company.
- File articles of organization. Articles of Organization (Form ss-4270) are filed with the Secretary of State to form an LLC in Tennessee.
- Draft an operating agreement. This is a contract that is comprised of the day-to-day activities of an LLC as well as the rights and duties of each member. Although the law does not need an operating agreement for LLCs, we strongly suggest you to develop one.
- Get an EIN. Whether or not your LLC has employees, it must obtain its own IRS Employer Identification Number (EIN). You may obtain an EIN by completing an online application on the IRS website. There is no filing fee.
- FIle annual reports. All domestic and foreign LLCs that are permitted to conduct business in Tennessee must file an annual report with the Tennessee Secretary of State and pay a $50 filing fee per member.
To comply with the naming guidelines, you are required to add these words to your LLC name:
- Limited Liability Company;
- LLC; or
- L.L.C.
Furthermore, your intended LLC name should not contain terms or phrases that imply that it was formed for a reason other than that mentioned in its articles of incorporation.
You are required to submit a completed Articles of Amendment to Articles of Organization (LLC) with the Department of State’s Division of Business Services. The form may be downloaded on their website. If you would prefer not to use the form, you may write your articles manually. In addition, there is a $20 filing fee.
Before forming an LLC in Tennessee, it’s crucial to choose a legal name that is distinct from the names of any current businesses on file with the Tennessee Secretary of State. To check the availability of your preferred name, you may carry out a name search on the Tennessee SOS website.
- The Tennessee Secretary of State charges $50 for each LLC employee or member included in the filing, with a total fee of $300 as a minimum. The filing fee for the Articles of Organization cannot exceed $3,000 USD. When purchasing online with a credit card, a convenience fee will be added.
- If you want to reserve your LLC name before submitting the Articles of Organization, you may file a name reservation application by mail or online for $20.
- Every registered LLC is also required by the Tennessee SOS to file an annual report. The filing fee is $50 per LLC member, with a $300 minimum and a $3000 maximum.
Tennessee does not require LLCs to renew their legal names, but they must renew their assumed names every five years. You can renew online or by mailing Form SS-4239 – Renewal of Assumed Name Registration along with a filing fee of $20.
All sole proprietorships, general partnerships, corporations, limited liability companies (LLCs), limited partnerships (LPs), limited liability partnerships (LLPs), and out-of-state companies that regularly transact business in Tennessee under a name other than their legal name are required to file a DBA with the Tennessee Secretary of State.
What's Next?
Now that you have your entity name, it's time to take the next steps to establish your Tennessee LLC. Check out our full guide on how to form an LLC in Tennessee, where we can guide you every step of the way.
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