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Consent can be given in any written format, but the signature of the person providing consent must be notarized. A proposed name cannot be ?the same as? an existing name, even if the holder of the existing name consents. The holder of an existing name is not required to give consent.
What Does a Consent Form Do? For an already existing Delaware company, the consent form gives permission to the new entity to register the new company with the same name (only the corporate ending would be different).
The name you choose cannot be in use by any other business in the state. This is why it's so important to perform a Delaware business name search before you begin your incorporation paperwork. It's not enough for your corporation name to be unique. It also cannot be similar to the name of another business in the state.
It's possible for another LLC in a different state to have the same name as yours. In fact, there are many instances where multiple LLCs share the same name but are in different states, and this is totally legal! If you're set on a particular name that's already taken in your state, you may still be able to use it.
If the filing name is already in existence, the conflicting company may be asked for a ?consent to use? letter. This letter would be signed by an officer or manager of the conflicting entity on its letterhead.