How to Do an LLC Name Search in Delaware (March 2023)

How to Search for Delaware LLC Names

The Department of State offers a ” Name Availability Search” which allows you to check if a name has been used. Simply enter the exact business name you want in the “Entity name” section. This will tell you if your name has been made available. You will need to identify it if it isn’t. If your name is not available, you can reserve it or use the information on your Certificate of Formation.

You can search for any business name to view the following information:

• File number
• Name of the entity
• Type of entity (LLC, Corporation, etc.)
• Residency (domestic and foreign)
• Date of formation
• The State of Residence
• Name of the Registered Agent
• Name of the Registered Agent

If you are simply checking the availability of a name, this information won’t apply. However, it is possible that you will need it at some point during the life of your LLC. You’ll know where to look.

What happens if my name is not available?

You went to the Name Availability Search and entered your name. The search returned your name. Now what?

Your only option is to brainstorm ideas for a new LLC if your LLC is domestic (formed under Delaware law). Don’t choose one that is too similar. Once you have found a suitable name, either form an LLC or keep the name available for future uses.

Foreign entities have a slightly different process. If your business is already registered in another state, what happens if the Delaware registration of that name is not available? On your ” Certificate Of Registration,” you will need to create a “fictitious” name. This is a name your business will use in Delaware only after foreign qualifying.

How to make a Delaware LLC name distinguishable

Delaware, like other states, has restrictions on the names of its businesses. No matter if your LLC is a domestic or international entity, the name must be:

• Include the words Limited Liability Company or an abbreviation such as LLC or L.L.C.
• If the name contains words from a foreign tongue, include a translation only on the application
• Without the approval of the Delaware Banking Commission, do not use the term “bank” or any terms that could indicate a bank affiliation.
• Use no words the Secretary of State considers vulgar, lewd, or racist
• Make sure you are identifiable and easily accessible in the Delaware Secretary Of State records

Although there are no specific instructions for how to distinguish a Delware LLC, it is common for the following changes to NOT make a name unique.

• Designators such as LLC and L.L.C. (New Company LLC or New Company L.L.C. (New Company LLC and New Company L.L.C. are considered to be the same).
• Articles such as “a”, “an,” and “the”
• The words “and” or “or” are synonyms.
• Punctuation
• Capitalization

To create a distinctive name, you need to change the name itself. You can change the spelling or reorder the words to make your name more distinctive, add a word, or use a synonym if the name you want is already in use. These will let you keep the name similar while making it distinctive.

What’s Next?

Your goal will determine what you do next. If your name availability is checked in Delaware, then you can reserve it or use it on a Certificate of Formation.

You can reserve your preferred name for 120 days by paying $75. You can also file the Certificate of Formation to register your name instead of applying for a reservation.

There are many reasons to search for an LLC name

Although Delaware LLC name availability is most commonly searched for, it’s not the only reason. These are just a few of the reasons to search for a name.

1) Searching for similar names

Potential customers shouldn’t confuse you with another company, even if it is a competitor. Although your proposed name may be available, there might be other businesses with similar names. This could be a reason to change your name if you don’t want your LLC mixed up with other companies.

2) Verify Your Business Status

After you have filed the Certificate Of Formation and created your Delaware LLC you can check its status periodically by searching for your name. This will confirm that your business is in good standing with the state. It also provides your File Number, which may be required for future filings.

3) Information about the Registered Agent and the Office

You might have to send a business process. You might also want to become a partner with them. You’ll need their Delaware registered agent name and their office address. This information is easily accessible through a name search.

4) Maintaining current business information

You will need to verify the information the Department of State has on file when you modify the LLC’s information, such as changing the registered agent, and principal address to a member, or a registered agent service. This can be done with a name search.