Amendment Name ( Out of State)

Changing your company name

When the name of an incorporated company changes, a name amendment must be filed with the state of incorporation. If the company has registered to transact business in other states (foreign qualified) the name must also be changed with those states. The process required to officially change your company’s name with the state is the filing of a document called the Articles of Amendment.

As when you selected the original name for your company, the new name must be distinguishable on state records, meaning it cannot be substantially similar to a name already in use by another company incorporated or foreign qualified in that state. If the name is not unique, the state may reject the amendment.

Why changing your business name is important

The information included in your Articles of Incorporation/Organization or in your Certificate of Authority (if you’ve registered to transact business in other states) is the official information the state has on record for your company. When that information changes, it also needs to be updated with the state.

• Submitting Articles of Amendment tells the state that the appropriate company representatives have consented to the change. For example, amending the name of a corporation might require consent by the incorporator or the corporation’s directors or shareholders.

• Approval by the state certifies that your company met state legal requirements and that the name has officially been changed with the state.

Business Name Amendment FAQs

Have questions?  We’ve compiled a list of frequently asked questions on business name amendments.

What are Articles of Amendment?

The Articles of Amendment, sometimes also called a Certificate of Amendment, is a document filed with your state of incorporation (or any states in which your company has registered to transact business through foreign qualification), to enact a specific change to the information included in your company’s incorporation or qualification documents.

When do companies need to file a name amendment?

You would file a name amendment for your company if you need to change the official name of your company with your state of incorporation and/or state of foreign qualification (if you have registered to transact business in states other than your state of incorporation).

What type of amendments does Dash Tax & Business Solutions file?

We can file an amendment to change most any information included in your company’s incorporation or foreign qualification documents.  With a Name Amendment Filing Service order, you can also select to amend other information at the same time.

Can you help me file an amendment even if I didn’t incorporate my company with Dash Tax & Business Solutions?

We will gladly prepare and file the necessary amendment documents for your business in any state.

What information do I need to have before I place my order?

When ordering our Name Amendment Filing Service, please have the following ready:

• Two name choices for your company

• State of incorporation

• Business type (corporation, LLC, etc.)

• Current company name (exactly as it appears on your incorporation documents)

• Incorporation date

• Current business purpose

• Company contact information

• Director(s) name(s) & address(es) (for corporations)

• Officer(s) name(s) & address(es) (for corporations)

• Member(s) or Manager(s) name(s) & address(es) (for LLCs)

• Partner(s) name(s) & address(es) (for LPs and LLPs)

If you would like a name amendment to a Certificate of Authority (foreign qualification document) to transact business in another state, you would also need to provide the state of qualification and the qualification date in the order comments field of our online order form.

Does the process for amending incorporation documents differ from amending foreign qualification documents?

The process is very similar, but the states often require more documentation when you are amending the foreign qualification document (which is called a Certificate of Authority). For example, the state of qualification may require a Certificate of Good Standing from the state of incorporation (showing that your company has fulfilled all its obligations in a timely manner in that state) and a Certified Copy of incorporation documents and/or foreign qualification documents. We can obtain these documents on your behalf (extra fees will apply) or you can obtain them and provide them to us.

What should be the new name for my company?

Choose the name of your company carefully. It is very important that you project the image you want. Legally, the name must not be “deceptively similar” to any existing corporation (C corp, S corp or nonprofit), LLC, limited liability partnership or limited partnership in that state and must be “distinguishable on the record” of your state. It is possible that the name you select is not available─that’s why we ask for a second choice on our name amendment order form.

Additionally, the name you choose must show your business is incorporated, an LLC, an LLP or LP. Most states require that the company name be followed by an ending such as “Corporation,” “Incorporated,” “Limited Liability Company,” “Limited Liability Partnership”, “Limited Partnership”, or an abbreviation such as “Inc.,” “Corp.,” “LLC,” “LLP,” or “LP.”

How do I check the availability of the name I want to use?

Dash Tax & Business Solutions’ Name Amendment Filing Service includes a preliminary name check with the state.

What happens if the name choice(s) I submit is not available?

If the name choice(s) you requested is not available, we’ll contact you for additional options. Providing us with two name options helps to secure a name choice and eliminates a potential delay in the processing of your order.

Can my company conduct business under a different name without changing the name of my company?

Yes, you can file a DBA. You file for a DBA (doing business as) name, which is also called a fictitious business name, if the company intends to transact business under a name other than the legal name that appears on the incorporation or foreign qualification documents. DBAs are filed with the appropriate state and/or county agency in the state where you are incorporated and/or foreign qualified.