Submitted by UCS on November 15, 2019
“It ain’t what they call you, it’s what you answer to.”
― W.C. Fields
Choosing a name for your company? It will be one of the biggest decisions you’ll make when incorporating, because so much rides on the name you choose. It needs to be unique, but not so unique it can’t be pronounced. It should reflect the caliber of company you intend to create but shouldn’t be cliché’. The name choices are endless, but are there names you can’t choose? Are there words that are off limits? The answer to both these questions is “Yes”.
Delaware, along with most other states have regulations or rules regarding name restrictions. For Delaware, some restrictions depend on the type of entity you want to form (Corporation vs. Limited Liability Company) or on the purpose of the company. For example, an LLC could have the word “Trust” in their name, but a corporation could not unless it has the approval of the Bank Commissioner.
The Delaware Division of Corporations is finalizing an internal policy for reviews of business entity names. The purpose of the policy is to update and clarify the standards in Delaware regarding the names of businesses, while preventing the naming of a business likely to mislead the public or to lead to a pattern and practice of abuse that might cause harm to the interests of the public or State of Delaware. The standards are that an entity:
UCS will provide an update once the Delaware Secretary of State finalizes the regulations. If you have questions about names that are acceptable in Delaware or anywhere across the United States, please contact you’re Customer Service Representative to discuss the possibilities for your corporate name.
About the Contributor to this Blog
Paula Lintner is the Delaware Branch Manager for United Corporate Services, Inc. Over the past 22 years, Paula has assisted hundreds of small business owners fulfill their dream of starting their own business. Additionally, Paula helps paralegals and attorneys navigate through the details of Delaware corporate transactions, as well as contributing to the product and process development within the teams she has been a part of. Her experiences and expertise have allowed her to develop an invaluable relationship with the Delaware Division of Corporations staff which she shares with all UCS clients.
Have a question or a suggestion for a blog? Contact Paula at email@example.com.