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To change the name of your LLC or corporation, you will need to file Articles of Amendment with your state. Once approved, you can start operating under the new name.
If the restated certificate of incorporation restates and integrates and also further amends in any respect the certificate of incorporation, as theretofore amended or supplemented, it shall be proposed by the directors and adopted by the stockholders in the manner and by the vote prescribed by § 242 of this title or,
Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.
Change Delaware Business Name Yes, you can change the name of your LLC by filing a Certificate of Amendment with the Delaware Secretary of State and paying the filing fee. There is no limit to how many times you can change the name of an LLC.
The use of the same name can help to make the relationship between the two entities clear. That said, two entities of the same type are prohibited from using the same name even with consent. Delaware will allow the name of the foreign corporation to be in another language, as long as the English alphabet is used.
To submit a Delaware Certificate of Amendment, you'll need to pay a $200 filing fee.
The Name of Your Corporation Cannot Be Similar to Other Businesses in Delaware. Not only must your DE corporation name be unique, it cannot be similar to another corporation or LLC name in Delaware.
A corporate name is the legal name of your corporation. This name identifies your corporation, and you must use it in all contracts and invoices. It can be a word name or a numbered name (for example, 12345678 Canada Inc.). Remember: your corporate name is different from a trademark or domain name.
To make amendments to your Delaware Stock Corporation, you submit the completed State of Delaware Certificate of Amendment of Certificate of Incorporation form to the Department of State by mail, fax or in person, along with the filing fee and the Filing Cover Memo. Non-stock corporations use a separate amendment form.
You can often use the same business name in your own state or another state, if it is not in the state where the business name is filed, and it doesn't violate trademark rules. This is common practice for smaller local businesses.