To change your business name with the Secretary of State, you file an amendment to your formation documents — typically called Articles of Amendment or a Certificate of Amendment — after confirming the new name is available and getting the internal approval your bylaws or operating agreement require. Filing fees generally run from about $15 to $220 depending on the state and entity type. Once the state approves the change, you update the IRS, any other states where you are registered, and every license, bank account, insurance policy, and contract tied to the old name.
Make Sure You Need an Amendment, Not a DBA
Your legal name is the one on the articles of incorporation or articles of organization filed with the Secretary of State. A “doing business as” registration lets you operate under a different brand without changing that underlying legal identity, and it does not provide liability protection or change your tax status. If you want the name on state records, tax returns, and contracts to actually change, an amendment is the right filing. If you only want a marketing name over an unchanged legal entity, a DBA at the county or state level is simpler.
Check That Your New Name Is Available
The name you want must be distinguishable from every other entity already registered in your state’s database. A minor tweak usually does not qualify: changing a plural to a singular, swapping a suffix, or adding a middle initial rarely reads as distinguishable. Most Secretary of State websites offer a free searchable entity database, and running your proposed name through it before you do anything else takes a few minutes.
Your new name also has to include the correct entity designator — LLC, L.L.C., Inc., Corporation, or the abbreviation your state requires — so the public can see the business has limited liability status.1U.S. Small Business Administration. Choose Your Business Name Certain words are restricted. Terms like “Bank,” “Trust,” “Insurance,” or “University” typically need prior approval from a separate state regulator, such as a department of banking or education, before the Secretary of State will accept them.
Run a Federal Trademark Search
A name that clears your state’s database can still infringe a federally registered trademark, and state registration will not shield you from an infringement claim. Before committing, search the U.S. Patent and Trademark Office’s online Trademark Search system, which is updated daily and covers active federal registrations and pending applications.2United States Patent and Trademark Office. Trademark Search The search is free, and it can spare you an expensive rebranding if a trademark holder challenges your name after you file.
Reserve the Name if You Are Not Ready to File
If your paperwork is not ready, most states let you reserve a proposed name for a set period — commonly 120 days — by submitting a short form and paying a small fee. That locks the name in while you finish internal approvals. Reservation forms, fees, and durations are on the Secretary of State website.
Get Internal Approval
The state will not accept an amendment unless the change was properly approved inside your organization. How that works depends on your entity type and your governing documents.
- Corporations: Your bylaws control whether the board of directors can approve a name change on its own or whether shareholders must vote. Many states require the board to adopt a resolution recommending the change and then send it to shareholders for a simple-majority or, sometimes, a supermajority vote.
- LLCs: Your operating agreement controls the process. It may call for a member vote, unanimous written consent, or approval by a designated manager. If you do not have a written operating agreement, your state’s default LLC statute fills in the rule.
After the vote passes, draft a written resolution stating the old name, the new name, and the date of approval. Record the vote in your official minutes, or attach a signed written consent. Keep these records with your corporate or company records — whoever signs the state filing usually has to certify that the change was properly authorized.
File Articles of Amendment With the Secretary of State
The document is generally called “Articles of Amendment” for a corporation or “Amendment to Articles of Organization” for an LLC. Most states publish a standardized form as a downloadable PDF or inside an online filing portal. Use the form for your specific entity type; the statutory requirements differ between corporations and LLCs.
The form generally asks for:
- Your current legal name, exactly as it appears in state records.
- The entity identification number the state assigned when you originally filed.
- The new legal name in full, including the required entity designator, exactly as you want it in the public record.
- The date your board, shareholders, or members approved the change.
- The signature of an officer, manager, or other authorized person, often under penalty of perjury.
Having your entity identification number and current registered name ready before you start speeds things up, because the state uses that information to pull your existing file.
Fees and Processing Times
Filing fees vary widely. Most states charge between $25 and $150 for a standard amendment, though a handful charge over $200. Many states offer expedited processing for an extra surcharge — sometimes double or triple the base fee — with turnaround inside 24 to 48 hours. Standard processing runs from a few business days to several weeks depending on the state and the season.
You can typically submit through the Secretary of State’s online portal, by mail to the state capital, or in person at a regional office. Online filing usually gives the fastest confirmation. Once approved, you receive either a stamped copy of the filed amendment or a separate certificate of name change bearing the state seal. Keep it. You will need it as proof for nearly every update that follows.
Notify the IRS
A name change on its own does not require a new Employer Identification Number. Corporations, partnerships, LLCs, and sole proprietorships that simply change their name or location keep the EIN they already have.3Internal Revenue Service. When To Get a New EIN A new EIN comes into play only with a more fundamental restructuring, such as incorporating a sole proprietorship, converting a corporation to a partnership, or merging into a new entity.
How you tell the IRS depends on your entity type and whether you have already filed the current year’s return:4Internal Revenue Service. Business Name Change
- Corporations: If the current-year return is not yet filed, check the name-change box on Form 1120 (Line E, Box 3) or Form 1120-S (Line H, Box 2). If it has been filed, send a letter, signed by a corporate officer, to the IRS address where the return was submitted.
- Partnerships: Check the name-change box on Form 1065 (Line G, Box 3) if the current-year return has not been filed. Otherwise, send a written notice signed by a partner.
- Sole proprietorships: Write to the IRS at the address where you filed your return. The notice must be signed by the owner or an authorized representative.
- LLCs: Follow the instructions for whichever return your LLC files — Form 1065 if taxed as a partnership, Form 1120 or 1120-S if taxed as a corporation, or the sole proprietorship instructions if you are a single-member LLC filing on Schedule C.
Update Registrations in Other States
If your business is foreign-qualified in other states, meaning you registered for authority to do business outside your home state, you need to file a name-change amendment in each of those states too. Each one has its own form and fee, so check the Secretary of State website for every state where you are registered. Skipping this step can push you out of compliance and threaten your good standing in those jurisdictions.
Update Licenses, Accounts, and Contracts
The Secretary of State filing changes your legal name on state entity records. It does not automatically flow through to everywhere else the old name appears. Once your amendment is approved, work through the following promptly:
- State department of revenue and any local tax offices, including sales tax and payroll tax accounts.
- Every agency that issued a professional license, occupational permit, or industry-specific registration. Many will want a copy of your certificate of name change with a short amendment application.
- Your bank. Bring the certificate of name change and updated articles; the bank can update your existing accounts without closing and reopening them.
- Insurance carriers for general liability, professional liability, workers’ compensation, and any other policies. An outdated name on a policy can create coverage disputes.
- Active contracts with suppliers, landlords, clients, and service providers. Some contracts require written notice of a legal name change or a formal assignment to the new name.
- Any DBAs your business holds. You may need to amend or refile them so they sit correctly under the new legal entity name.
Some states also require a legal notice of the name change in a local newspaper. Rules vary widely — some jurisdictions want publication once a week for several consecutive weeks, others have no publication requirement at all. Check with your Secretary of State or county clerk to see whether publication applies to your entity in your state.