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How do I change my Corporation name?

Saginaw, MI |

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"?

Attorney Answers 3

Posted

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.

James Frederick

***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!

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4 comments

Asker

Posted

When I started my corporation I submitted my Articles of Incorporations typed-up. So should I resubmit the Articles of Incorporation with the new corporation name on it, when I submit the form 515?

James P. Frederick

James P. Frederick

Posted

This is not necessary. You simply need to submit the Form 515.

Asker

Posted

Item 3 reads "Article ________ of the Articles of Incorporation is hereby amended to read as follows:" what do I place in the blank after "Articles" and "to read as follows:"?

James P. Frederick

James P. Frederick

Posted

Article I shall be amended to read "The name of the corporation is..."

Posted

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.

Best regards,
Frank
Natoli-Lapin, LLC
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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.

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2 comments

Asker

Posted

No the other business is under the State of Connecticut, mines is under the State of Michigan. It would be better if I changed the name, so in the long run their no legal allegations. Thank you for your concern Mr. Natoli :)

Frank A. Natoli

Frank A. Natoli

Posted

To be clear, I am speaking of the broader trademark concerns. It is a good idea to make changes now if you see there is real concern. But if you do not bother to conduct the proper trademark due diligence it is very possible that a conflict exist from a mark holder who has prior rights to that name against you and this other business. Should a conflict arise after you spend a lot of money advertising, marketing, etc it will be a costly error. You are welcome to contact for a more in-depth explanation. All the best, Frank

Posted

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)

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