Limited Liability Companies and Corporations in Delaware
Delaware Intercorp, Inc is the Number 1 Ranked Delaware Incorporator, according to the 2007 Delaware Business Ledger Book of Lists. Delaware Intercorp charges NO FEE for the incorporation of your company if we act as your registered agent. Delaware Intercorp is a registered agent for Delaware Corporations and Limited Liability Companies. Call Us Toll Free: 888.324.1817 International: (1) 302.266.9367 Fax: 302.266.9940
People have been creating thousands of companies in Delaware every year for a long time, and it may feel like all the good names are
Rest assured that this is not the case. On this page, we have included some suggestions on ideas on how to pick a name for your corporation or limited liability company, and a way to check to see if those names are available from the State of Delaware.
Also keep in mind that some names that may not have been available in the past may now be usable. Delaware removes companies from their database every year either because those companies decide to shut down, or because they fail to pay their franchise taxes. Others go off the rolls because they merge or are acquired by another company.
Check name availibility online with Delaware Intercorp, Inc.
Sometimes a simple or descriptive name is best. If the name is not important to the marketplace, you may use the address of the apartment building you plan to own with the company - 110 Main Street, Unit 4, LLC. Or you may want to dress it up to make the name convey meaning - Rock Solid, Inc., for a stone working company, for example.
If your chosen name is not available, there are a variety of ways to modify the name to make it work. The Division of Corporations uses a literal database with exclusions. Simply adding an "S" to make a plural of one word in your name may make the system accept your name. The name you use must be distinguishable on the database, that is all. The State of Delaware does not reject sound alike or look alike names. Remember that these rules are significantly different from the trademark rules.
You can usually find a descriptive or fluff word to add to your name to distinguish it on the database. If you chose Dragonfly, Inc. - and that name is taken - you could add a descriptive word like "publishers" for a printing company. Perhaps Dragonfly Publishers, Inc., is available.
If you use initials in your name, consider expanding all or some of them in your name. Or, you may consider using initials instead of whole words.
Some common suggestions that do NOT work are adding "The" and changing the corporate identifier. The State ignores use of the word "the" in entity names. So "The Delaware Company" is the same on the database as, "Delaware Company".
Another frequent suggestion is to use a different identifier, Corp, for Inc. or Corp. for Corporation. The State considers all identifiers to be equivalent. So Corporation, equals, Corp., Company, Co., Ltd. et cetera. In the end, even "The Delaware Company" equals "Delaware Inc." so both of those names could not exist on the database at the same time.
The name you use for your corporation will be the name that must be on any official contracts and corporate documents. Remember that before you chose a name that is a mile long. This is becoming a worldwide problem as outlined here. But please feel free to call and talk to one of our incorporators about your naming issues.
Many people begin the process of finding a name for a business by simply thinking one up. For the more creative among us, this might be fine. Others may find they quickly become stumped. Before you worry too much about a name for your company, note that the name you use in the marketplace need not be the name of the company at all. For example, Pepsi is a trademark used in commerce by PepsiCo, Inc. (Or one of the other 150 various "Pepsi" entities that have been created in Delaware over the years). So the name of your company need not be the name you present to the world. The name of the entity need not change if you come up with a better idea.
Inspiration can come from anywhere. Here are some ways to spur creativity we have seen clients use.
Name availability and reservations are available online with
the Delaware Division of Corporations. However, if you plan to use Delaware Intercorp, Inc. to file your certificate of incorporation or formation, we advise
you NOT to reserve your name directly with the Division as doing so may result in filing delays and additional fees. It is much easier to
complete this process if you reserve your name through us. You may check to see what names are being used that are similar to what you want on the Division
These are just a few of the things you can do to protect your trademark. You may want to look into creating a Delaware corporation to hold your trademarks.
That way you can take advantage of the Delaware General Corporation Law and the corporation, if it does no other business here, will not even have to file a
State income tax return.
Finding a name to use for your entity can be a trying process. But, Delaware Intercorp, Inc. is here to help. We can clear and reserve your chosen name for you online, and if you ask for it, we would gladly help you look over some alternatives in the Delaware Division of Corporations Database. When we look into the system, we can see all the names that are taken and some that were taken in the past and have since been abandoned.
Abandonment on the Division database means the company using the name in question went void for one reason or another and no longer exists. Abandonment is more incentive to check thoroughly into any trademark problems, not less.