Changing a business name involves complying with legal and regulatory obligations as well. You must check with the secretary of state or county clerk’s office to understand the necessary paperwork for the name change. While the legal procedures and requirements vary based on your jurisdiction, below are some of the most common obligations.

Business Registration

As mentioned, different business structures (e.g., sole proprietorship, partnership, LLC, corporation) have varying legal requirements for changing the business name. Since a business is registered with a state, specific state rules will govern what you must do to change your business name.

Sole proprietors are unregistered businesses and are not separate entities from the owners. However, if you plan to operate under a different name than your own, you will likely need to register a fictitious name (DBA).

Partnerships often require an amendment to the partnership registration paperwork.

LLCs and corporations require an amendment to their articles of organization or incorporation.

Licenses and Permits

Ensure that all licenses, permits and registrations related to your business are promptly updated. Many industries, such as cosmetology, healthcare, food services, agriculture, real estate and construction, require specific licenses and permits. Applications typically require you to include evidence of your name change with the state and a fee. These updates must occur promptly to comply with legal obligations, as operating without them can lead to fines and, ultimately, the closure of your business.

Tax Authorities

Tax authorities must be updated about the business name change as well. Some of the authorities you may need to update are the IRS, the state employment tax department and the state unemployment office. For state agencies, you will want to contact the agency directly to get the information needed to update your name. To update your name with the IRS, you will need to file the following forms depending on your business entity type:

• Sole proprietors can notify the IRS by sending a signed letter to the address used to file Form 1040.
• Partnerships can notify the IRS by marking the appropriate box on the annual 1065 form or by sending the IRS a signed letter.
• Corporations can notify the IRS by marking the appropriate box on the annual 1120 form or by sending the IRS a signed letter.

LLCs are unrecognized entities according to the IRS. LLCs are either taxed as a sole proprietor or as a corporation. LLCs are, by default, taxed as sole proprietors unless a form 8832 or 2553 was filed. Which form you file depends on if you want to be considered an S-corp or a C-corp. If you are an LLC being taxed as a corporation, you must follow the name change instructions for a corporation.

Lastly, you need to update your Employer Identification Number (EIN) with the IRS. Simply changing your name does not require a new EIN number. To update your EIN, mail a signed letter to the IRS at the address you file your return with. If you are a partnership or corporation, you must attach a copy of your formal name change document from the state.