Can You Change an LLC Name in Texas? Amendment, IRS, and Records

To change your LLC name in Texas, you file a Certificate of Amendment (Form 424) with the Secretary of State for a $150 filing fee, after confirming the new name is available and your members have approved the change. Once the state accepts the amendment, you notify the IRS, update your bank, and work through the rest of your records. Before you start, decide whether you actually need a legal name change or just want to operate under a different name — those are two different filings.

Legal Name Change or Assumed Name

If you want the LLC’s legal name itself to change on all state records, contracts, and tax filings, you amend the certificate of formation. If you only want to market or operate under a different name while keeping your current legal name intact, you can file an assumed name certificate (a DBA) on Form 503 for $25.1Office of the Texas Secretary of State. Name Filings FAQs The assumed name route is cheaper and simpler, but your legal name on contracts and tax returns does not change. Everything below assumes you want the full legal change.

Check Whether the New Name Is Available

Your proposed name has to be distinguishable in the Secretary of State’s records from every other registered business entity in Texas, including active corporations, LLCs, limited partnerships, foreign entities registered here, and names already reserved by someone else.2State of Texas. Texas Business Organizations Code 5.053 – Distinguishable Names Required You can search existing names through SOSDirect, the Secretary of State’s online portal. Check close variations and common misspellings, not just the exact spelling you want. The Secretary of State has discretion to reject names that are too similar even when they aren’t identical.3Legal Information Institute. 1 Texas Admin Code 79.38 – Distinguishable Names

The new name must also include a proper LLC identifier — a phrase like “Limited Liability Company” or an abbreviation such as “LLC” or “L.L.C.” That requirement sits in Chapter 5 of the Texas Business Organizations Code.

Search Federal Trademarks Too

Clearing a name with the Texas Secretary of State only tells you no other Texas entity has it on file. It does not protect you from a federal trademark claim. A company in another state could already hold a registered trademark on your proposed name, and that federal registration would have priority over your state filing. Before you commit, run the name through the U.S. Patent and Trademark Office’s free online database.4United States Patent and Trademark Office. Search Our Trademark Database Skipping that check is how businesses end up rebranding twice.

Get Member Approval

Under the Texas Business Organizations Code, amending an LLC’s certificate of formation requires the affirmative vote of all members, unless your company agreement sets a different threshold.5Office of the Texas Secretary of State. Form 424 – Instructions for Certificate of Amendment If you’re a single-member LLC, this is a formality. If there are multiple members, you need unanimous consent (or whatever the operating agreement requires) before anyone signs the amendment.

Document the vote. A written resolution signed by the consenting members creates a clear record that the name change was properly authorized. The Secretary of State does not ask to see it when you file, but if the amendment’s validity is ever questioned, the paper trail matters.

File the Certificate of Amendment

The filing is Form 424, Certificate of Amendment. It asks for your LLC’s current legal name exactly as it appears on state records, the file number assigned when the LLC was formed, and a statement declaring the new name. The form provides template language: you identify the article of your certificate of formation being amended and write out the new name.6Secretary of State of Texas. Texas Secretary of State Form 424 – Certificate of Amendment

An authorized person, typically a manager or member, signs. You can submit three ways:7Office of the Texas Secretary of State. Filing and Other General FAQs

  • Online through SOSDirect or the SOSUpload portal.
  • By mail to the Corporations Section, P.O. Box 13697, Austin, TX 78711-3697.
  • In person or by courier to the James Earl Rudder Office Building, 1019 Brazos, Austin, TX 78701.

The filing fee is $150 regardless of method.8Office of the Texas Secretary of State. Business Filings and Trademarks Fee Schedule Online submissions require a credit card; mail-in filings can be paid by check or money order. Once the Secretary of State reviews and approves the filing, you receive a formal acknowledgment confirming the name change.

Processing Times and Expedited Options

Standard filings are processed in the order received, and the timeline moves with the Secretary of State’s workload. If you need the amendment faster, three expedited tiers are available for Certificates of Amendment:9Office of the Texas Secretary of State. Introducing Texas Express Expedited Business Filings

  • Same-day processing: $750 on top of the $150 filing fee, with the filing received by noon.
  • Next-business-day processing: $500 on top of the filing fee, also received by noon.
  • Standard expedited: $50 on top of the filing fee, typically processed within two to three business days.

Paying for expedited review does not guarantee approval. The Secretary of State still checks the filing against statutory requirements, so an error in the form or a name conflict just buys you a faster rejection.

Notify the IRS

A name change alone does not require a new Employer Identification Number. You keep your existing EIN.10Internal Revenue Service. When To Get a New EIN You do need to tell the IRS so its records match yours. How you do that depends on how your LLC is taxed:

  • Multi-member LLC taxed as a partnership: if you have not yet filed Form 1065 for the current tax year, check the name change box on Page 1, Line G, Box 3 when you file. If you have already filed for the year, write to the IRS at the address where you sent that return.11Internal Revenue Service. 2025 Instructions for Form 1065
  • Single-member LLC taxed as a sole proprietorship: write to the IRS at the address where you file your return. The letter must be signed by the owner or an authorized representative.12Internal Revenue Service. Business Name Change
  • LLC taxed as a corporation: check the name change box on Form 1120 (Page 1, Line E, Box 3) or Form 1120-S (Page 1, Line H, Box 2) when filing your current-year return. If you have already filed, send a written notification to the IRS.12Internal Revenue Service. Business Name Change

Also notify the Texas Comptroller of Public Accounts to keep your state tax records current. A name change may require direct contact with the Comptroller’s office or submission of supporting documentation such as the filed Certificate of Amendment.

Update the Rest of Your Records

A name change does not create a new legal entity. Your LLC is the same company it was before, and existing contracts generally remain valid without amendment. Some counterparties will still ask for a short written confirmation or addendum acknowledging the new name, and it’s worth providing one to avoid confusion down the line.

Banking and Lending

Banks typically want a copy of your filed Certificate of Amendment, an updated company resolution, and sometimes new signature cards before they update your accounts. If your LLC carries outstanding loans or a line of credit, check your loan agreements for notification requirements. Lenders often require advance notice of a name change and may need to update UCC financing statements to keep their security interests properly perfected.

Licenses, Permits, and Operating Documents

Update your LLC’s operating agreement to reflect the new legal name. Then work through everything else that carries the old name:

  • Professional licenses and business permits issued by state or local agencies.
  • Insurance policies covering the business.
  • Your company website, email addresses, and marketing materials.
  • Letterhead, invoices, and business cards.

Some of these are legally required; others are practical. A professional license listing the wrong entity name can cause problems at audit or renewal, so prioritize the items that could create legal or financial complications first, then work through the cosmetic changes.