How to Change your NY LLC Name (Certificate of Amendment) | LLC University®

Last updated January 31, 2021

How to change your New York LLC name (Certificate of Amendment)

Note: this lesson is for changing the name of an already existing New York LLC. If you need to form a New York LLC, please see instructions here: forming an LLC in New York

In order to change your LLC name in New York, 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)

Forms for a New York Domestic LLC:

Form for a Foreign LLC registered in New York:

Important: Many people mistakenly think that they can change their LLC name via the Certificate of Change (Form 1359 or Form 1362). 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:

  1. Enter the existing/old name of your New York LLC here.
  2. 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.
  3. Enter “Certificate of Amendment”.
  4. Circle “Plain”. You won’t need a certified copy for this.
  5. Enter your name and mailing address. The address doesn’t have to be the same one use elsewhere in your LLC documents.
  6. Circle “plain” in the first paragraph.
  7. Circle “$5” in the second paragraph.
  8. 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.

Matt Horwitz
Founder & Educator, LLC University®
Forming an LLC shouldn't be so complicated. Our step-by-step guide will make the process a breeze – and no complex legal jargon! LLC University® teaches people how to form an LLC for free in all 50 states. We hope you find our free guides and resources helpful in your business journey.