Delaware LLC Name Search & Entity Lookup (Guide)

Delaware is a popular state for forming LLCs thanks to its business-friendly laws.

However, before you can reap the benefits, ensure your chosen name is unique and compliant with state regulations.

You can easily find out if your desired LLC name is available by using the Delaware Division of Corporations’ online search tool.

This guide covers the Delaware LLC name search process, step by step, ensuring your name is available, compliant, and ready to be officially registered.

Should You Conduct a Delaware Name Search or an LLC Lookup?

When starting an LLC in Delaware, deciding whether to conduct a name search or an LLC lookup is important.

Here’s why:

• Name Availability: Before you register your LLC, you need to check if your desired business name is available. A name search allows you to confirm that no other entity has the same name.
• Avoiding Confusion: If your business name is too similar to another, it can cause confusion. Conducting a name search helps you avoid potential branding issues.
• Compliance with State Law: Delaware has rules about business names. Names must be unique and include specific designations like “LLC.” Using the name search ensures you meet these requirements.
• LLC Status Check: A Delaware LLC name search and lookup goes beyond just name availability. It helps you find out if an existing LLC is active or inactive, which is crucial if you plan to buy or partner with an existing business.
• Future Planning: If you intend to expand or change your business model, understanding existing names can guide you in planning. A thorough search helps you identify potential trademarks or similar businesses.

Delaware LLC Name Search (step-by-step)

Follow a series of clear steps to search for an available name for your LLC in Delaware.

Step 1: Visit the Delaware Division of Corporations website

Start by visiting the official website of the Delaware Division of Corporations at corp.delaware.gov. This site provides all necessary resources for business registrations.

Step 2: Navigate to the “Services” menu and Click on “Check Entity Name Availability”

Once on the website, look for and place the cursor on the “Services” menu. This area contains various options related to business filings and searches.

In the “Services” section, find and click on the link labeled “Check Entity Name Availability.” This tool checks the availability of business names.

Step 3: Enter the desired LLC name in the search field

Delaware offers a robust business availability search tool. Choose the Entity Kind from the dropdown option (LLC) and enter the name you wish to check in the appropriate search field.

Once everything is set, click the “Search” button to initiate the lookup. This action will submit your query to the database.

Step 4: Review the search results for name availability

After the search is complete, review the results carefully. The system will show whether your desired name is available or already in use.

If you get a message showing your desired LLC name is available, you can reserve the name while you prepare your LLC formation.

If your search returns a “the name is not available for reservation” message, your desired LLC name is unavailable for registration. Consider alternatives to find an available option.

Crucial LLC Naming Guidelines and Requirements in Delaware

When naming your Delaware LLC, it is essential to follow specific guidelines.

1. Unique Name

Your LLC name must be distinct from all existing business names registered in Delaware. The name cannot be too similar to other businesses to avoid creating confusion.

Use the Delaware Division of Corporations online database to perform a name search and confirm availability.

2. Inclusion of ‘LLC’

Your LLC name must include the designation “Limited Liability Company” or the abbreviations “LLC” or “L.L.C.” This identifies the business as a limited liability company.

3. Prohibited Words

Certain words are not allowed in LLC names because they could imply affiliation with government entities. Examples include the FBI, Treasury, and the State Department.

4. Restricted Words

Some words require special approval before they can be used in an LLC name. These include Bank, Trust, Insurance, Corporation, Incorporated, and University. Additional documentation or permissions may be needed to use these terms.

5. No Implicit Purpose

The LLC name should align with the business purpose stated in your Certificate of Formation. It should not suggest a purpose that differs from your actual business activities.

6. Misleading Terms

Avoid words or phrases that could mislead the public about your LLC’s operations or qualifications.

For example, terms like “certified” or “accredited” should not be used without proper authorization.

7. Offensive Language

Names containing offensive, inappropriate, or unprofessional language are prohibited. Ensure your LLC name maintains a professional and respectable standard suitable for public registration.

What Words are not allowed in my Delaware LLC name?

When choosing a name for your Delaware LLC, it’s important to avoid certain words that are not allowed.

Here is a clear list to guide you:

Prohibited Words

These terms are strictly banned as they suggest an affiliation with government entities or agencies. Using these words will result in immediate rejection of your LLC name application:

• FBI: Refers to the Federal Bureau of Investigation, a prominent federal agency. Using this term could mislead people into thinking your business is involved in law enforcement or national security.
• Treasury: Implies an affiliation with the U.S. Department of the Treasury, which oversees federal financial and monetary policies. This could falsely suggest that your LLC is handling government funds or financial operations.
• State Department: Refers to the U.S. Department of State, which manages international relations. Using this name could lead to confusion about your business’s involvement in diplomatic or government affairs.
• CIA: Short for the Central Intelligence Agency, this term could give the impression that your LLC is part of the national intelligence services.
• Federal: Suggests a connection to the federal government, creating the misconception that your LLC has official government backing or authority.
• Municipal: Indicates a link to a city or local government. This could mislead individuals into thinking your LLC provides government-related services at the municipal level.
• City: Implies that your LLC is affiliated with or operates as part of a city government, which can cause public confusion.
• Bureau: Often associated with government offices, such as the “Bureau of Labor Statistics” or “Federal Bureau of Investigation.” Using this term could suggest an official governmental role.

Potentially Restricted Words

Some words may be allowed but require special permission to use. These often suggest a regulated activity:

• Financial Terms (Bank, Banc, Bancorp, Trust, Credit Union, Savings, Loan): These words suggest the LLC operates as a financial institution. Approval from banking or financial regulators is typically required.
• Insurance-Related Terms (Insurance, Assurance, Underwriters, Reinsurance): Words that imply the LLC offers insurance-related services require clearance from the Delaware Department of Insurance.
• Medical and Health-Related Terms (Doctor, Physician, Clinic, Hospital, Dental, Pharmacy): These terms indicate involvement in healthcare services and require approval from appropriate state licensing boards.
• Educational Terms (University, College, School, Academy): Names suggesting an educational purpose must be approved by educational authorities.
• Professional Terms (Attorney, Lawyer, Architect, Engineer): These words imply the LLC is engaged in a regulated profession and require proof of appropriate licensing.

How do I File a Delaware LLC Name Reservation? (In steps)

Securing your desired LLC name in Delaware before filing your formation documents can help ensure its availability.

Follow these steps to reserve your LLC name:

Step 1: Confirm Name Availability

Use the Delaware Division of Corporations Name Availability Search Tool to check if your desired LLC name is available.

Ensure the name complies with Delaware naming rules, including uniqueness and the inclusion of “LLC” or “Limited Liability Company.”

Step 2: Complete the Name Reservation Application

Download the Application for Reservation of Limited Liability Company Name from the Delaware Division of Corporations website.

Fill out the form with the following information:

• Your desired LLC name.
• Your name and contact information.
• The reservation period (120 days).

Step 3: Prepare the Filing Fee

Prepare a payment of $75 for the name reservation fee. Delaware accepts payment by check (payable to the Delaware Secretary of State) or credit card for online submissions.

Step 4: Submit the Application

Submit the completed application and fee through one of the following methods:

• Online: File through the Delaware Division of Corporations’ online portal.
• By Mail: Send the form and payment to Delaware Division of Corporations, 401 Federal Street – Suite 4, Dover, DE 19901.
• In Person: Deliver your application to the Division of Corporations office in Dover for expedited processing.

Step 5: Receive Confirmation

Once your application is processed, you will receive confirmation that your LLC name has been reserved for up to 120 days.

During this time, you can prepare and file your Articles of Organization to officially register your LLC.

Step 6: Extend the Reservation (Optional)

If needed, you can renew the name reservation for an additional fee before the 120-day period expires. Contact the Delaware Division of Corporations for extension options.

Other Business Entities and Naming Considerations

Delaware is the best state to start an LLC. Consider additional naming aspects beyond just your LLC name. You may need to file a DBA, check if a domain is available, or search for existing trademarks.

Filing for Doing Business As (DBA) in Delaware

If you plan to operate under a name different from your LLC, you must file for a Doing Business As (DBA). This name is often referred to as a trade name.

To register a DBA in Delaware, complete a simple application with the Division of Corporations.

You can submit your application online or by mail. The filing fee varies, so check the current rates. Once approved, your DBA allows you to legally conduct business under the chosen name.

Check Domain Name Availability

In today’s digital age, securing a domain name is crucial for any business. Check if the desired domain is available before finalizing your LLC name or DBA. A matching domain enhances your brand’s visibility online.

Use domain registration websites to check availability quickly. If your preferred name is taken, consider variations or different extensions, like .net or .biz.

Having a consistent name across your business and online presence can strengthen your brand identity.

Trade Names and Trademark Search

Before settling on a name, conduct a trademark search. You can search the U.S. Patent and Trademark Office database for registered trademarks in Delaware and nationwide to ensure your chosen name doesn’t infringe on an existing trademark.

If your name is unique, you might consider registering it as a trademark. This step offers legal protection against others using the same or similar names in similar markets.

Protecting your brand is crucial for your business’s reputation and long-term success in the marketplace.

Final Thoughts – Is it Worth it to Search and Reserve My Business in Delaware?

Conducting a name search for your Delaware LLC is highly advisable, even if you plan to file immediately. Ensuring your desired name is available saves time, avoids potential legal disputes, and prevents the need to rebrand later.

Delaware’s straightforward search tool makes it easy to confirm that your name is unique and compliant with state naming rules.

However, reserving a name may not always be necessary unless you need extra time to finalize your LLC formation. The $75 reservation fee and 120-day hold period can provide peace of mind if you want to secure your name early.

If you are ready to proceed, filing the Articles of Organization directly may be the most efficient option.

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Frequently Asked Questions

Where can I access Delaware LLC’s annual reports?

You can find Delaware LLC’s annual reports through the Division of Corporations’ online systems. Reports are generally available for viewing or download to review your entity’s status and filings.

How do I perform a business license search in Delaware?

To perform a business license search in Delaware, visit the state’s Division of Revenue website. They have a search tool where you can look up licensed businesses by name or other criteria.

Why do I need to perform a business entity search in Delaware?

A business entity search helps ensure your desired name is available and not already in use. It also provides details on existing entities, which can help you avoid legal issues.

Can I use the name of another Delaware entity?

You cannot use a name that is identical or too similar to an existing Delaware entity. This helps maintain clear and distinct identities in the business registry.

How long does a Delaware LLC Name Reservation last?

An LLC name reservation in Delaware lasts for 120 days. During this period, you should file your formation documents to officially register your LLC.