Compliances for Change of Company Name in Delaware State

Narendra Kumar

29 Jun, 2019

There may be circumstances in which one has to change the name of the corporation or LLC name out of any reason whatsoever. It can be either the name is outdated or does not reflect properly the activity which it is doing. The name can also be changed due to change in objects or any such apt reason.

Compliances In case of rebranding or restructuring also one may think of changing the name. It is very easy & quick a process to change of company name in the State of Delaware.

In the context of a document/file with the Delaware Secretary of State, an amendment can be filed to change the name of a company, the registered agent for a company, the stock authorized by a corporation, or any other provision in the Certificate of Incorporation or Certificate of Formation for a Delaware LLC.

Generally, this Certificate is used to amend the following:

• Change the Registered Agent of the Corporation or LLC to Agents and Corporations, Inc.
• Amend the number of authorized shares of stock in a Corporation.
• Change the name of an LLC or Corporation.
• Insert member or manager names into a Certificate of Formation.

Procedure to effect the change of company name or Inc or LLC

• Selection of name is very important before applying for the same. It should be apt & must reflect the activities of the Company.
• A search Portal is also accessed to see whether the name has been already taken been applied for. (Free Corporation Search)
• After the name has been selected and reserved with the Division of Corporations, a Certificate of Amendment will have to be prepared; it must be signed by an authorized officer of the company.
• Eventually, the Certificate of Amendment needs to be filed with the State & thereafter the name will change at some specified date known as ‘effective date’, after the filing date.
• It generally takes 3 – 5 days to get the application processed & return the certified amended copies along with filed documents.
• Finally, once you get the approved name, you have to inform all the stakeholders & relevant persons of the changes & update the same in your records i.e. change to be effected in Memorandum & Articles of Incorporation& with Internal Revenue Service.