Delaware LLC Name Search: Get That Perfect Name

Reasons to Perform an LLC Name Search

Checking for Delaware LLC name availability is the most common reason to perform a search, but it’s far from the only one. Here are a few other reasons you might search for a name:

1) Finding Similar Names

You don’t want potential customers confusing you with another company, especially if that company is a competitor. Your proposed name might be available, but there could also be multiple businesses out there with deceivingly similar ones. If you don’t want your LLC getting mixed up with other businesses, this might prompt you to find a new name.

2) Checking Your Business Status

Once you’ve filed the Certificate of Formation and started your Delaware LLC, you can periodically check its status by searching for your existing name. This will confirm your business’ good standing with the state and provide your File Number, which you may need for future filings.

3) Registered Agent and Office Information

At some point, you might need to send a business service of process. Or, more positively, you might want to partner with them. In either case, you’ll need their Delaware registered agent name and office address, readily available through a name search.

4) Maintaining Current Business Information

When modifying your LLC’s information – like changing your registered agent or principal address to a member or a registered agent service  – you will want to confirm the information that the Department of State already has on file. A name search will take care of this for you.

How to Perform a Delaware LLC Name Search

To check if a name is in use, the Department of State provides a “Name Availability Search.” Simply enter your exact desired business name in the “Entity Name” section. It will let you know if your name is available. If it isn’t, you’ll need to find a way to distinguish it. But if your name is available, you’re free to reserve it or use it on your Certificate of Formation.

Your search will yield results, and you can click on any business name to access the following information:

• File Number
• Entity Name
• Entity Type (LLC, Corporation, etc.)
• Residency (domestic or foreign)
• Formation Date
• State of Residence
• Registered Agent Name
• Registered Agent Address

This information doesn’t apply if you’re simply checking a name’s availability. But at some point in the life of your LLC, you may need it, and you’ll know exactly where to find it.

What if My Name Is Unavailable?

So, you went to the Name Availability Search, plugged in your desired name, hit search, and there it was: your precious name, already in use. What now?

If your LLC is domestic (formed in Delaware), your only option is to start brainstorming ideas for a different one. Just don’t use one that’s too similar. Then, when you’ve found an acceptable, available name, go ahead and either form your LLC or reserve the name for future use.

The process for foreign entities is somewhat different. Your business has already been operating under a registered name in other states, but what if that name is unavailable in Delaware? You will need to designate a “fictitious name” on your “Certificate of Registration.” This is a name that your business will use only in Delaware after foreign qualifying in the state.

How to Make a Delaware LLC Name Distinguishable

Like other states, Delaware has specific restrictions on its business names. Whether your LLC is domestic or foreign, its name must:

• Contain the words Limited Liability Company or an abbreviation like LLC or L.L.C.
• Contain a translation (only on the application) if the name uses words from a foreign language
• Not use any reference to the word “bank” or terms that might indicate a banking affiliation without approval from the Delaware Banking Commission
• Not use any words that the Secretary of State deems lewd, vulgar, or racist
• Be distinguishable and available in the Delaware Secretary of State records

There aren’t specific instructions on how to make a Delware LLC name distinguishable, although typically, the following changes do NOT make a name unique:

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

Essentially, to create a fully distinguishable name, you must change the name itself, not just the syntax. If your desired name is already in use, try changing the spelling, rearranging the words, using a synonym, or adding a word. Any of these will allow you to keep a similar name while making it distinguishable.

What’s Next?

What you do next depends entirely on what your goal is. If you’re checking for name availability and your name is free in Delaware, you can proceed to reserve it or use it on your Certificate of Formation.

You can reserve your desired name for 120 days by paying a $75 fee. Or, instead of applying for a reservation, you can jump right to filing the Certificate of Formation, which will automatically register your name.