How To Change an LLC Name in New York? (Simple Guide)
If you are a New York-based company owner, you may need to change your LLC name at some point.
To assist you in understanding the filing steps, we worked with our LLC consultants with over twenty years of experience in the business industry.
We spent five weeks researching the New York State Department website for the correct filing paperwork.
Here's everything you need to know about amending your LLC name in New York.
Quick Summary
- To change the name of your limited liability company in New York, you must file and submit a Certificate of Amendment to Articles of Organization.
- It costs $60 for New York LLCs to file the Certificate of Amendment with the Division of Corporations.
- The Crowdspring statistic that 74% of S&P 100 companies rebranded within seven years suggests that a name change for New York LLCs could be a wise and common strategy for future success.
- From my perspective, updating your LLC name in New York is not just a legal requirement but a strategic move toward greater market relevance.
3 Steps to Change an LLC Name in New York
With over 2.2 million small businesses constituting 99.8% of all New York businesses, according to the US Small Business Administration, the importance of maintaining a relevant and distinctive LLC name in such a crowded market cannot be overstated [1].
Follow these three steps to change an LLC with the New York Department of State.
1. Choose a New York LLC Name
Before you change your current LLC name, you must select a new one that represents your business.
Ensure the new name meets all the state's naming requirements:
- The initial name must include "limited liability company" or the abbreviations "LLC" or L.L.C."
- The new LLC name must be unique and distinguishable from other enterprises operating in New York.
- The name must not include state-restricted phrases like agency, bond, or college.
- You must get authorization from the respective agency office if you're using certain phrases like a bank [2].
Once you have a name idea, you must perform a name search availability to verify that no other New York entity has already registered it.
The New York State's online portal allows you to perform a NY business search to check the name availability [3].
If you don't want to complete it yourself, you can hire a professional LLC service in New York that offers this service, and they'll search the New York business registry for you.
Alternatively, in our case, we submitted a written request to the Department of State, Division of Corporations, to search their name records and check whether our desired name was registered or not.
The written request indicated that we wished to check the eligibility of a name and include the new name to be searched.
"In New York, you can hold the rights to a name by submitting a Name Reservation request form to the Department of State and paying the $20 filing fee. The name will be reserved for 60 days."
-Jon Morgan, Co-Editor & Co-Founder of Venture Smarter
Read more: How to Look Up an LLC in New York
2. Get Member Approval For Name Change
If your LLC has more than one member, you'll need to hold a vote according to the procedures outlined in your LLC's operating agreement.
For our LLC, it was important to document the decision in the form of a written resolution or meeting minutes, as this was required when we filed for the name change.
3. File a New York Amendment Certificate
To change the name of your limited liability company, you must file and submit a Certificate of Amendment to Articles of Organization under Section 211 of the New York LLC law [4].
When completing the New York Amendment form, provide the following details:
- Original LLC name.
- The new name of the New York company.
- Date of filing.
- Name and official signature of an LLC member, director, or any other authorized person.
New York LLC owners can perform the name change process online, by mail, or in person and complete it by paying the $60 filing fee.
If you're filing online, you can only pay via Visa, Mastercard, or American Express after you fill out and sign the Credit Card/Debit Card Authorization Form and send it to the Division of Corporations with your service request.
If you're filing by mail, you can pay using a check and money order payable to the Department of State.
Direct your completed Certificate of Amendment form to the following mailing address:
New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
What To Do After You Change Your New York LLC Name?
After you change your New York LLC name, inform all clients, interested companies, and institutions.
Ensure that you:
- Update your operating agreement: Revise your LLC's operating agreement to reflect the new name, ensuring all internal records are consistent.
- Notify government agencies: Inform the IRS and New York State agencies about your LLC's name change to maintain compliance.
- Update licenses and permits: Amend any licenses and permits with the new LLC name to ensure legal operations in New York.
- Inform banks and financial institutions: Update your LLC's name with banks and financial institutions to avoid any financial discrepancies.
- Update contracts and agreements: Revise all existing contracts and agreements to include your LLC's new name, maintaining legal validity.
- Notify clients and customers: Communicate the name change to your clients and customers to maintain brand recognition and trust.
Related articles:
- How to Start an LLC in New York
- How Much Does an LLC in New York Cost
- How to Dissolve an LLC in New York
Alternatives to LLC Name Change
If you're considering alternatives to changing the name of your LLC in New York, here are a couple of options:
DBA (Doing Business As)
Registering a DBA, also known as a "fictitious name" or "trade name," allows your LLC to operate under a different name without legally changing the LLC's official name.
This is useful for branding or operating different business lines under one LLC.
Certificate of Correction
If the name of your LLC was filed with a typographical error or minor mistake, you can file a Certificate of Correction with the New York Department of State.
This corrects the error in the original filing but is not used for intentional name changes.
FAQs
How Long Does It Take to Change an LLC Name in New York?
It takes 3-5 weeks to change an LLC name in New York, but you can request expedited processing and have your paper approved faster and mailed to your registered agent service.
How Much Does It Cost to Change an LLC Name in New York?
It costs $60 to change an LLC name in New York. The filing fee is for processing the Certificate of Amendment to the Articles of Organization.
References:
- https://advocacy.sba.gov/wp-content/uploads/2023/11/2023-Small-Business-Economic-Profile-NY.pdf
- https://dos.ny.gov/forming-limited-liability-company-new-york#
- https://apps.dos.ny.gov/publicInquiry/
- https://dos.ny.gov/system/files/documents/2021/02/2120-f-1.pdf
