To change your business name in Florida, you file with the Division of Corporations (Sunbiz): Articles of Amendment if you’re changing the legal name of an LLC or corporation, or a combined cancellation and new registration if you’re changing a fictitious name (DBA). Filing fees run from $25 to $50. Before you file, confirm the new name is available and get the required internal approval from your members, board, or shareholders. After the state approves the change, update the IRS, the Florida Department of Revenue, your banks, and everyone else who has your old name on file.
Confirm the New Name Is Available
Search the Division of Corporations database on Sunbiz before you commit to anything.1Florida Department of State. Division of Corporations – Search Records2Online Sunshine. Florida Statutes 605.0112 – Name3Online Sunshine. Florida Statutes 607.0401 – Corporate Name Distinguishable is a narrower test than it sounds. A name that differs from an existing one only by a suffix like “Inc.” versus “LLC,” an article like “The,” “and” versus “&,” singular versus plural, or punctuation will be rejected.
Clearing Sunbiz is not the whole check. A name that’s available at the state level can still infringe a federally registered trademark and expose you to an injunction, damages, and legal fees under the Lanham Act.4Office of the Law Revision Counsel. 15 USC 1114 – Remedies, Infringement, Innocent Infringement by Printers and Publishers Run your candidate through the U.S. Patent and Trademark Office’s trademark database as well.5United States Patent and Trademark Office. Search Our Trademark Database Rebranding twice because of a trademark dispute is far more expensive than the search.
Get Internal Approval
Florida won’t process an amendment without the internal authorization the entity’s governing law requires.
For an LLC, amending the articles of organization requires the affirmative vote or consent of all members, whether the LLC is member-managed or manager-managed.6Florida Senate. Florida Statutes 605.04073 – Voting Rights of Members and Managers That default is unanimous, but many operating agreements change it, so check yours first.
For a corporation, the board of directors adopts the proposed amendment, then the shareholders approve it. Shareholder approval requires a majority of the votes entitled to be cast at a meeting where a quorum is present, and any class voting separately needs its own majority.7Online Sunshine. Florida Statutes 607.1003 – Amendment by Board of Directors and Shareholders Record the vote in your corporate minutes.
File Articles of Amendment With the Division of Corporations
With approval in hand, file Articles of Amendment with the Division of Corporations. This is the filing that legally changes the name.
For an LLC, the amendment must state the company’s current name, the date the original articles of organization were filed, and the new name.8Online Sunshine. Florida Statutes 605.0202 – Amendment or Restatement of Articles of Organization The filing fee is $25.9Florida Department of State. Fees – Division of Corporations The Department of State publishes a fillable form that lists the requirements.10Florida Department of State Division of Corporations. Articles of Amendment for a Florida Limited Liability Company
For a corporation, the amendment must state the corporation’s name, the text of the amendment, the date it was adopted, and a statement that the shareholders approved it (or that shareholder approval wasn’t required).11Online Sunshine. Florida Statutes 607.1006 – Articles of Amendment The filing fee is $35.9Florida Department of State. Fees – Division of Corporations
Either amendment can be filed online through Sunbiz or by mail; online is faster. Mailed filings take significantly longer, and you can check the Division’s current processing dates before mailing.12Florida Department of State. Document Processing Dates Do not start using the new legal name until the state approves the filing. The change is effective on the date the Department files it, not the date you submit it.
Change a Fictitious Name (DBA)
A fictitious name is any name a business uses publicly that differs from its legal name on file with the state. Florida requires every business operating under a fictitious name to register it, and failing to register bars the business from filing or maintaining a lawsuit in Florida courts on its behalf and is a noncriminal violation.13Online Sunshine. Florida Statutes 865.09 – Fictitious Name Registration
Changing a registered fictitious name is not an amendment. You have to cancel the old registration and register the new name at the same time, using the Application for Registration of Fictitious Name (sections 1 through 4 handle both actions in one filing). This filing must be submitted by mail; it cannot be done online.14Florida Department of State Division of Corporations. Instructions for Filing a Fictitious Name Renewal Online The filing fee is $50.15Florida Department of State Division of Corporations. Fictitious Name Registration – General Information
Florida also requires you to advertise the fictitious name at least once in a newspaper in the county where your principal place of business is located. You certify on the application itself that you did this; no proof of publication goes to the state.16Florida Department of State. Florida Fictitious Name Registration The newspaper must meet the requirements of Chapter 50 of the Florida Statutes. Ad costs vary by paper.
Update the IRS, Florida Department of Revenue, and Other Records
State approval is the halfway point. Every agency, bank, and business partner that has your old name on file needs to be updated, starting with the tax authorities.
At the IRS, the method depends on entity type. Corporations mark the name-change box on Form 1120 (or 1120-S for S-corps); partnerships do the same on Form 1065. If you’ve already filed your return for the year, write to the IRS at the address where you filed. Sole proprietors notify the IRS in writing.17Internal Revenue Service. Business Name Change A name change alone usually does not require a new EIN, but some situations do; IRS Publication 1635 covers the exceptions, which typically involve a change in business structure alongside the name.
For Florida taxes, use the Department of Revenue’s online form to update sales tax, corporate income tax, and reemployment tax accounts in one place.18Florida Department of Revenue. Request a Change of Business Name, Address, and/or Account Status
Then work through everything else:
- Banks and merchant processors, using your state-approved amendment as documentation to update account names, checks, and payment processing.
- City and county business licenses and permits. If you hold a professional license through the Department of Business and Professional Regulation, expect a separate update process and possibly a fee.
- Insurance carriers, so coverage stays valid under the new name.
- Vendors, clients, invoicing systems, and anywhere else your business name appears on paper.
What a Name Change Does Not Do
A name change does not create a new legal entity. Your LLC or corporation is the same entity it was before under a different name, so existing contracts stay valid and enforceable without formal amendment. You don’t have to rewrite your lease or your vendor agreements because the name on your Sunbiz filing changed.
Some counterparties will still want a short written acknowledgment of the change. Banks, landlords, and larger commercial partners commonly ask for one, and it’s usually a one-page document. Sending proactive notice avoids invoicing and payment problems even where it isn’t strictly required. Review any contract that contains a change-of-name notification clause or a broadly worded anti-assignment provision: a name change is not an assignment, but a widely drafted clause can still trigger a notice obligation, and a short letter is cheaper than an argument about breach.