I just founded out that another business already has the same business name, so how do I change my Corporation name? My Corporation is in the state of Michigan, by the way!
Do I need to register for a new EIN number with the IRS as well?
In other words... What form in Michigan do I need to fill out? Is it the "RESTATED ARTICLES OF INCORPORATION"?
The form you need is an Certificate of Amendment to the Articles of Incorporation. It is form 515, which you can find, here: http://www.dleg.state.mi.us/dms/results.asp?docowner=BCSC&doccat=Corporations&Search=Search
For item 3 you would state the new name of the Corporation.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!
Well, I think before you do anything you may want to discuss the issue over with a business or trademark lawyer to make sure you would be required to change your corp name. It is entirely possible for two businesses to operate under the same name (not usually registered in the same state without a DBA) particularly if they are involved in unrelated goods or services (e.g., Delta Airlines vs Delta faucets).
If you do require to change your name, you can file an amendment with the secretary of state and for a nominal fee you can make that change without the need to go through the entire reformation process. This does not come up that often, but I also believe you can submit a corp name change form to the IRS so that is reflected there as well.
Again, you should consult a lawyer before you make any changes just to be certain you are going about this the right way. Most of us here, including myself, offer a free phone consult.
The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the areas of business law and intellectual property to entrepreneurs, small-to-medium size businesses, independent inventors and artists across the nation and abroad. Feel free to call for a free phone consultation; your inquiries are always welcome: CONTACT: 866-871-8655 Support@LanternLegal.com DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
I'm happy to assist for a fee. Of you are interested please contact my office. - Reese Serra
This advise is only being offered as a courtesy. We do not have an attorney-client relationship and I do not represent you. Additional, the advice I have provided was based on the limited fact pattern provided by you. If the facts differ, my advice may not be correct. If you live in Michigan and would like legal assistance with your issue, feel free to contact me: 586-615-0756 / Reese8484@aol.com (ADVERTISING MATERIAL)