In order to change the name of your New York LLC, you must file a Certificate of Amendment with the New York Division of Corporations.
There are 3 different Certificate of Amendment forms for New York LLCs though, so you must first determine which form to use.
In order to do that, you need to determine if you have a New York Domestic LLC or an out-of-state LLC registered as a Foreign LLC in New York. (related article: difference between Domestic LLC and Foreign LLC)
Need to save time? Hire a company to change your LLC name:
MyCompanyWorks ($99 + state fee)
Forms for a New York Domestic LLC:
- Certificate of Amendment (Form 1358)
- Certificate of Amendment Name Change Only (Form 2120)
Form for a Foreign LLC registered in New York:
- Certificate of Amendment (Foreign LLC) (Form 1360)
Important: Many people mistakenly think that they can change their LLC name via the Certificate of Change (Form 1359). This is incorrect. You can’t use those forms for a New York LLC name change. Make sure you are using a Certificate of Amendment.
Filing Fee for Certificate of Amendment:
$60
Method of Payment:
Check or money order
Make Payable To:
“Department of State”
*Important: Make sure you read the instructions below as you will also need to request a copy of your Certificate of Amendment.
Mailing Instructions:
Mail your Certificate of Amendment (with a $60 check or money order) and your Request for Copies (with a $5 check or money order) to:
Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
Domestic New York LLC name change instructions
We recommend using the Certificate of Amendment Name Change Only (Form 2120) as it’s easier than Form 1358. The instructions below are for Form 2120.
Insert Name of Domestic Limited Liability Company:
On the first line, enter your existing/old LLC name. Make sure to include the designator, such as “LLC” or “L.L.C.”.
FIRST: The name of the limited liability company is:
Enter your existing/old LLC name again.
If the name of the limited liability company has been changed, the name under which it was organized is:
For most filers, this will be left blank. You’d only have something here if this is the second time you’re changing your LLC name.
SECOND: The date of filing of the articles of organization is:
This is the date your LLC was approved by the New York Division of Corporations. You can find this date on your approved Articles of Organization. Or you can search your LLC name on the Business Entity Database page. Click on your LLC name and look for the “Initial DOS Filing Date”.
THIRD: The amendment effected by this certificate of amendment is as follows:
The state has technically already filled this section in for you. It will read, “Paragraph FIRST of the Articles of Organization relating to the name of the limited liability company is hereby amended to read as follows:”
FIRST: The name of the limited liability company is:
Enter your new LLC name here. Make sure to include the designator. As per section 204 of the NY LLC law, the allowable designators in New York State are:
- LLC
- L.L.C.
- Limited Liability Company
Signature:
Sign here.
Type or print name:
Enter your name here.
Capacity of Signer:
Circle your capacity as the signer. If you are an owner (Member) of your LLC, you’ll most likely circle “Member”. For more information on Member vs. Manager, please see LLC Member vs Manager. If you’re filing this on behalf of somebody else with their permission, you’ll select “Authorized Person”.
Page 2, Insert Name of Domestic Limited Liability Company (top center):
I know it’s repetitive, but enter your existing/old LLC name here again. Don’t enter your new LLC name here.
Filer’s Name and Mailing Address:
Enter your name, your existing/old LLC name, and your mailing address. This address doesn’t have to be an address you used before. It also doesn’t have to be located in New York. This is the address where the New York Division of Corporations will send your Filing Receipt.
Foreign New York LLC name change instructions
The process is somewhat similar to the instructions above, however, instead of using Form 2120 or Form 1358, you must use Form 1360.
Request for Copies (IMPORTANT)
By default, the New York Division of Corporations will only send you back a Filing Receipt, which just shows that you paid. It doesn’t give you a stamped and approved copy of your Certificate of Amendment (which you’ll need when updating your LLC name with the IRS).
For this reason, you’ll also want to mail to the Division of Corporations a Request for Copies form, as per their “how do I obtain copies of documents” page.
We’ve created a form for you to make things easier. You can download it below.
Request for Copies Form:
NY LLC Request for Copies of Documents
Instructions:
- Enter the existing/old name of your New York LLC here.
- Enter your LLC’s DOS ID and date of formation. You can search the state’s Business Entity Database to find this information or you can also look at your LLC’s approved Articles of Organization.
- Enter “Certificate of Amendment”.
- Circle “Plain”. You won’t need a certified copy for this.
- Enter your name and mailing address. The address doesn’t have to be the same one use elsewhere in your LLC documents.
- Circle “plain” in the first paragraph.
- Circle “$5” in the second paragraph.
- Enter your name, title (“Member” or “Manager”), and phone number at the bottom.
$5 payment required:
You’ll need to include a check or money order for $5 made payable to “Department of State”. And you’ll need to send this form along with your Certificate of Amendment in order to get a copy back. Which again, you’ll need in order to change your LLC name with the IRS (discussed below).
Processing time & approval
Please allow 3-5 weeks for your Certificate of Amendment to be filed with the New York Division of Corporations and returned to you. Once your Certificate of Amendment has been filed (and you requested copies as mentioned above), the state will mail you back a Filing Receipt (proof that you paid) and a stamped and approved copy of your Certificate of Amendment.
How to change your LLC name with the IRS
Once you receive back a stamped and approved copy of your Certificate of Amendment from the New York Division of Corporations, you’ll then need to update your LLC name with the IRS.
We have instructions here: how to change LLC name with IRS
Other places to change your New York LLC name
It’s important to understand that changing your name with the New York Division of Corporations still leaves your old LLC name in place everywhere else.
It’s your responsibility to change your name everywhere else, update your website, and let your customers, clients, and vendors know about the new LLC name.
This is not an all-inclusive list, but below are a few other places you’ll need to update your LLC name.
Yes, it’s a lot. Create a spreadsheet and tackle it slowly. You can do your LLC name changes gradually as your old LLC name will still “work” for a while.
- NY Department of Revenue (Form DTF-95 | instructions)
- business bank account
- business debit card
- business checks
- paypal or other online banking solutions
- commercial registered agent (if applicable)
- business credit cards
- local tax office (city, county, township)
- business licenses and permits
- website, domain registrar, hosting company
- utility companies
- letterhead, logos, invoices, contracts, and important documents
- accountant
- attorney
- online account registrations
- anywhere else you do business
New York LLC name change FAQs
Do I have to update my name everywhere else right away?
No, there is not a rush here. Sooner than later is better, of course, but technically, your old LLC name will still “work” for a while.
Does this mean I need to meet the publication requirements again?
No, you do not need to re-publish your newspaper ads.
What if need to change my New York LLC Registered Agent?
You cannot do that via the Certificate of Amendment. Instead, you need to file a Certificate of Change and pay a $30 filing fee.
New York Division of Corporations Contact Info
If you have any questions, you can contact the New York Division of Corporations at 518-473-2492. Their hours are Monday through Friday from 8:30am to 4:30pm. We recommend calling early for the shortest wait times.
References
https://www.dos.ny.gov/corps/llccorp.html
https://www.nysenate.gov/legislation/laws/LLC/204
https://www.nysenate.gov/legislation/laws/LLC/211-A
https://www.nysenate.gov/legislation/laws/LLC/804-A
Matt holds a Bachelor's Degree in business from Drexel University with a concentration in business law. He performs extensive research and analysis to convert state laws into simple instructions anyone can follow to form their LLC - all for free! Read more about Matt Horwitz and LLC University.
Hi Matt,
Thank you for all the information you provide on your site. I do have a peculiar question. When I revoked my Registered Agent, my “Service of Process on the Secretary of State as Agent” address (on the online DOS site) shows up publicly with my full name and address. I noticed that some folks specify the name simply as “The LLC.” How would I go on about doing that? I don’t care so much about the address as I do about my real name showing.
On the certificate of change form, I do see a spot to change the post office address. But I am not sure if the change is just for the address, or if the name can also be updated.
I appreciate any help you can give!
Hi Nancy, we’ve seen this too. Sometimes a person + address is listed; other times just an address. I don’t know for sure (since there seems to be “unofficial” variation), however, I’d file a Certificate of Change and just list an address under THIRD (“The post office address to which the Secretary of State shall mail a copy…”) and see if that does it.
Hello,
I already have a formed LLC, however my records show my home address as being my business address. I now purchased a virtual office and dont want to use my home address anymore. I filled with Zen Business and I tried to file an amendment to update the records and it said something like New York State doesn’t allow the addresses to be amended? How is that even possible, and how should I move forward? I certainly dont want to form a whole new business.
Hi Sean, I apologize for our slow reply. That is certainly not true. You can file a New York LLC Certificate of Change to update the address(es) of your LLC. Hope that helps.
Hi Matt,
Thanks so much for making this so easy to do. I need to print new business cards in less than 2 weeks and wanted to use my new company name but it will take longer than that to get the amendment back from the state as you say. I was wondering if I could at least find out quickly if the name I want to use is approved (meaning not used by another company) so I can at least move forward with my business cards using the new name while still waiting for the official doc from the state. Or is there a way to check if the name is usable myself? Thanks.
Hi Robin, you’re very welcome! Careful… the word “trademark” means something very specific. Trademarks can be filed at the state-level or the federal-level. And while forming an LLC offers name protection of that name in the state where it is filed, it is not the same thing as a trademark. You can search the New York Corporation & Business Entity Database for names. We have instructions here: New York LLC name search. Hope that helps!
Hi Matt,
Happy New Year! I checked the site you gave me for NY and the name I want is not used in NY but is listed on the Federal trademark site – TMSearch.USPTO.gov. Does this mean it’s unusable for me? thanks.
Hi Robin, happy new year! Correct, you don’t want to use a name that has a federal trademark as that would be trademark infringement.
Hey Matt! Great information by the way! If I do this name change, does this totally eliminate the old LLC from the NY Department of State website? Or should I just dissolve the old LLC and start fresh with the LLC?
Hi Marsha! Thank you! It doesn’t eliminate the old LLC on the state’s database. The DOS ID number, file date, and all other LLC information remains the same. In the “Current entity name” field is where you’d see the new LLC name. Should you change the name vs form an LLC… it depends what you’re looking to accomplish. What are you looking to do?
I have an LLC that was formed in Delaware and registered as Foreign in New York.
I want to change the name to establish a new name in New York and update my bank account name. I dont care about Delaware as I dont do business there. Can I do that?
Hi Gene, yes, you can amend your NY Foreign LLC name. The instructions are similar to those on this page, however, you will use a different form: Certificate of Amendment of Foreign Limited Liability Company (DOS-1360-f). It can be found on this page: New York Limited Liability Company Filings. Scroll to the section titled “Certificate of Amendment Foreign Limited Liability Companies” and you’ll see the link. You should also see text about the form being pursuant to Section 804 of the NYS LLC Law. Hope that helps!
Matt,
This was a lot of help and I thank you indeed. I did this, sent it in but there was a mistake, and I think you might want to update this on the instructions above as well.
FIRST: The name of the limited liability company is: (New LLC name goes here)
Paragraph First of the Articles of Organization relating to “the limited liability company name”
is hereby amended to read as follows: liability company is … (new name) … )
Matt,
!! UPDATE !! Correction to my above comment. Everything you said here in your article is correct. Sorry about the wrong info above.
The only thing I would add is in the second part of the “THIRD” portion you should also type “First:” so…
Is hereby amended to read as follows:
Here is where your new LLC name finally goes. Enter…
“First: The name of the limited liability company is: (New Company Name Here)”.
Hey Neal, thanks for the update :) And thanks for adding those details! Appreciate it.
Thanks Matt!
This was super helpful!
Best,
Chris
You’re welcome Chris!
I faxed the form and credit card authorization to the Dept of State to update my LLC name – Will it just updated on the SOS website once it clears or can you call to confirm you’re good?
Hey Jared, you’ll receive back a Filing Receipt as a form of approval. And you can certainly call if you’d like to check the status. I recommend calling early to avoid longer hold times. Hope that helps.
Hi Matt, I wanted to know if you hire a company to apply for your LLC and they screw up the name of the company can i file an amendment on my own or will i still need the company that originally filed to clean up there mess ?
Thanks,
Eric
Hey Eric, nope, you don’t need that company to file the Amendment. As Member of the LLC, you have the authority to file the Amendment yourself. Hope that helps.
i need to add a member to my LLC and the example the state provided is confusing. how do i fill this form out. Form dos-1358
Hi Anthony, LLC members are not usually listed on the Articles of Organization in NY, so you don’t have to file DOS 1358 (unless you did state the members in an additional provision). Instead, you’ll want to amend the LLC’s Operating Agreement and also consider another separate document/resolution explaining the details of the member coming into the LLC. I also advise working with a business lawyer on this. That’ll all be “internal” documents… the NY DOS doesn’t need them. However, you’ll want to update the IRS and the NY Department of Taxation and Finance about the change, since your LLC’s tax status will likely be changing from an LLC taxed as a Sole Proprietorship (if you’re the only current member) to an LLC taxed as a Partnership. You may also want to talk with an accountant about these changes. Hope that helps.
Hi Matt,
I have an LLC that I would like to amend to a PLLC. Do these same instructions apply? Thank you!
Hi Alyson, no, you can not change the name of your LLC and just swap “LLC” for “PLLC”. You’d need to dissolve your regular LLC and then complete the PLLC filing separately. You can file them at the same time though… you don’t have to wait for LLC 1 to be dissolved before forming LLC 2. Hope that helps!
hi i would like to know if you have somewhere directions how to fill out the 1359 form thanks all the information are very helpful
We do. Please see here: Certificate of Change.
If I sell the llc do I need to republish? if I take in new partner do I need a new EIN? thanks
If you sell the LLC, you do not need to republish. If you take on new partners, you do not need a new EIN, but you need to change the tax election with the IRS via Form 8832.
Hi,
I have an active LLC in New York City that was originally filled at an address in the Bronx NY. We have moved since then and are now located in Brooklyn NY. We have updated our info with the postal office, so we have been receiving our all our mails concerning this LLC at our current address. But on the DOS Entity database, our address still shows the original address we used to register. I have 2 questions and i was hoping you could help out:
1-) Are we required to change the address with the DOS by filling a certificate of Change?
2-) We are thinking to change the name of the LLC by using the Certificate of Amendment. On the second page of the Certificate of Amendment, right next to “File By:”, does our information we provide there gets updated in the DOS database, so that our current address is updated with them as well? I am asking to see if the certificate of Amendment suffice enough for us to do both the name changing and address updating.
Looking forward to your response mate. Cheers!
Thank you for the well-crafted questions. Yes, you need to update the DOS with your new address. You should also update the Department of Taxation and Finance. (see here)
Completing the “Filed by:” section on page 2 does not change any part of the LLC’s record. This is simply the person’s name and address who is filing the form. Also, your filing receipt will be mailed back to this address.
Now, technically, you can amend both your LLC name and your LLC’s address for forwarding of service of process via a Certificate of Amendment, but the state’s form only has one box, allowing for only one change. If you want to amend 2 things, you need to create your own Certificate of Amendment. Make the form identical to the state’s form, but add 2 new boxes for the second item being amended.
Having said that, it might be easier to file the name change via the Certificate of Amendment, and then the address change via the Certificate of Change.
I know, this stuff is a tad confusing. NYS didn’t design these forms very well.
Further, a lot of people get confused with how to complete the Certificate of Amendment for an LLC name change. This screenshot should help.
p.s. Updating your address with the USPS via a “Change of address” only forwards your mail for 1 year. It does notify all of the places that have your old address. It simply re-routes the mail to you for 1 year. It is your responsibility to not only update the DOS, but update all of the places that have your old address.
Hope that helps!
What about updating online? Is there an option?
The Certificate of Amendment can only be filed by mail or by fax. There is no online filing option at this time.
i sent in 60/- and the form to Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 1223. it has been a month and i never heard from them. what do i do?
anand.
Hi Anand, the NY DOS is quite slow at times. With mail time, it can sometimes take 40-50 days before getting back your receipt and confirmation. Just call them and ask to check the status. They can look up your filing by LLC name. Here’s the number: 518-473-2492 (M-F: 9:00am – 4:30pm).
I am currently in a PLLC with a colleague who practices another profession. The name of the PLLC references both our professions. My colleague wants to go her own way and form her own PLLC and has suggested I take over the current entity. Can I amend the Articles of Organization and submit a name change omitting her profession, or do I need to do more? I am in New York State. Thanks!
Maggie
Hey Maggie, yes, you can file the Certificate of Amendment to change the name, but you’ll also need to contact the IRS about the name change. Please see our PA LLC name change lesson and scroll down to the “Notify IRS” section. You’ll also need to change your tax status with the IRS, from an LLC being taxed as a Partnership to an LLC being taxed as a Sole Proprietorship. Further, you’ll need to amend your Operating Agreement, having both of you agree that your partner is stepping down. The name change and IRS updates can be done on your own, but it might be a good idea to have a lawyer draft the Operating Agreement changes, just to cover yourself. Hope that helps. Let me know if you need anything else.