How to Legally Change the Name of Your Business
You picked a business name, filed your paperwork, built a website, and started putting that name everywhere.
And now… you don’t really like it much anymore.
Or maybe your business has changed so much that the old name doesn’t fit anymore.
So… can you just start using a new one?
I’m a lawyer for online business owners, and can tell you that changing your business name yourself is absolutely doable. But there’s a difference between changing your legal business name and simply using a different name publicly, and that determines what paperwork you actually need to update.
Here’s how to change your business name legally:
Legal Disclaimer: This post is for educational purposes only and does not constitute legal advice. Read full disclaimers.
First, Decide What You’re Actually Changing
Before you file anything, figure out whether you want to change your business’s legal name or just the name you use with customers.
Your legal business name is the name on your formation documents. So if you formed an LLC called Smith Creative LLC, that’s your legal business name.
But maybe you want customers to know you as The Content Studio. In that situation, you may not need to change the legal name of the LLC at all. You may be able to register a DBA instead.
What is a DBA
A DBA stands for “doing business as.” It lets your business operate publicly under a different name while keeping the same legal entity behind the scenes. (Depending on your state, a DBA may also be called a fictitious business name, assumed name, or trade name.)
So Smith Creative LLC could stay Smith Creative LLC on its legal paperwork, while using The Content Studio on its website, social media, invoices, and marketing.
You can also have more than one DBA for the same LLC, depending on your state or local rules. So one LLC could operate under several different public-facing names without creating a separate LLC for each one. That can be useful if you run more than one brand, product line, or type of service under the same business.
Just remember that each DBA may need to be registered separately, and the requirements can vary by state, county, or city. A DBA also doesn’t give you trademark rights in the name, so you still want to make sure you’re not stepping on someone else’s brand.
A DBA does not create a new business entity. It’s just another name your existing business uses. If you actually want Smith Creative LLC to become The Content Studio LLC, then you’re changing the legal name of the business and will usually need to update your formation records with your state.
How Do You Change the Legal Name of an LLC?
If you want to change the actual legal name of your LLC, you’ll usually file an amendment with the state where the LLC was formed. The exact form and fee depend on your state, but it may be called something like:
- Articles of Amendment
- Certificate of Amendment
- Amendment to Articles of Organization
You’ll provide the current LLC name, the new name, and any other information your state requires.
Before you file, make sure the new name is actually available in your state. You don’t want to spend money rebranding everything and then find out another business already has the name. Once the state approves the amendment, your LLC is officially operating under the new legal name.
Do You Need a New EIN if You Change Your Business Name?
Usually, no.
The IRS says you generally don’t need a new EIN just because you changed your business name. You’re more likely to need a new EIN if the ownership or legal structure of the business changes.
You do still need to let the IRS know about the name change. How you do that depends on how your business is taxed. Some businesses can report the change on their tax return, while others may need to send a signed notice to the IRS.
This is one of those things I’d hand off to your accountant so you know the tax records get updated correctly.
What Else Do You Need to Update After Changing Your Business Name?
Once the legal name changes, you’ll want to update the places where the old name appears so your records all match.
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That may include your business bank account, credit cards, payment processors, insurance policies, business licenses, bookkeeping software, invoices, contracts, website, email address, social media accounts, and client portal.
You may also need to update vendors, contractors, clients, or anyone else who uses your legal business name for payments or tax paperwork.
You don’t have to change every Instagram bio five minutes after the state approves your amendment, but you do want to work through the important legal and financial records first.
What Happens to Your Existing Contracts if You Change Your Business Name?
A business name change doesn’t automatically erase the contracts you already signed.
If the same legal business still exists and you’ve simply changed its name, the business is generally still the same party to those agreements.
That said, I’d still notify clients, contractors, and other important business partners about the new name so there’s no confusion when invoices, payments, or future documents start showing a different business name.
And going forward, update your contract templates so you’re signing under the correct legal name.
What if Your Business Name Is Trademarked?
If you own a federal trademark registration or have a pending trademark application under the old business name, don’t forget about the USPTO.
When the legal name of the trademark owner changes, the USPTO has a process for updating the owner name in its records.
Also, changing the name of your LLC and changing the name of your brand are two different issues. Before you invest in a new name, logo, domain, packaging, or giant pile of branded merch, make sure you’ve done a proper trademark search to see whether someone else already has rights in the name.
A state approving your LLC name does not automatically mean the name is safe to use as a brand.
Do You Need to Tell Your Clients About the Name Change?
I would definitely recommend it, especially if they’re going to start seeing a different name on invoices, contracts, payment receipts, or emails.
A simple email explaining that your business has changed its name and that nothing else about the relationship is changing is usually enough.
If your legal entity is staying the same and you’re simply changing its name, make that clear so clients don’t wonder whether they’re suddenly doing business with a completely different company.
Do You Need to Change Your DBA Too?
If you already have a DBA and you’re no longer going to use that name, you may need to cancel or update the registration depending on where it was filed.
If you’re keeping the same legal business name but switching to a new public-facing name, you may need to register a new DBA instead.
DBA rules vary by state and sometimes by county or city, so check the requirements where your business is registered.
A Simple Business Name Change Checklist
Changing your business name is mostly a matter of making sure the new name gets updated everywhere it needs to.
Start with the legal side, then work your way outward:
- Confirm the new name is available
- Decide whether you need a legal name change or a DBA
- File the required paperwork with your state
- Update the IRS if necessary
- Update your bank, payment processors, insurance, and licenses
- Update contracts and invoices
- Notify clients, vendors, and contractors
- Update your website, email, and social media
- Update any trademark records
- Make sure the old name isn’t still hiding in important documents or automated systems
You don’t have to change everything in one afternoon. I’d start with anything involving the government, taxes, banking, contracts, and payments, then move on to the branding pieces.
That should give you a solid roadmap for working through the main steps involved in changing your business name.
About The author:
Meredith Shippee is a peer-recognized attorney with 15 years of experience, including 12 years of practice at two of the largest law firms in the U.S. She is the founder of The Contract Edit, a legal platform offering contract templates and free, practical legal educational resources for coaches, course creators, consultants, and any other type of online business owner. Meredith’s goal is to help online entrepreneurs build legally strong, sustainable online businesses… without the law firm price tag.
