Detailed Guidelines on the Procedure for Changing the Name of a Limited Liability Company

The procedure for changing the name of a Limited Liability Company (LLC) is a legal process that businesses must undertake when they wish to change their company name. This process requires a thorough understanding of legal regulations and careful preparation. With expertise in business consulting, Long Phan will guide you through each step of the LLC name change process effectively. The following article will provide a detailed guide on this procedure.

Cases Where a Limited Liability Company (LLC) Cannot Change Its Name

Article 65 of Decree 01/2021/ND-CP stipulates that a Limited Liability Company (LLC) is not permitted to change its name in the following cases:

• The Business Registration Office has issued a notice regarding the company’s violation, leading to the revocation of its Business Registration Certificate, or if a decision has been made to revoke the Business Registration Certificate.
• The company is in the process of dissolution according to its dissolution decision.
• At the request of the Court, the Enforcement Agency, or the Investigation Agency, including the Head, Deputy Head of the Investigation Agency, or Investigators as specified in the Criminal Procedure Code.
• The company is in a legal state of “No longer conducting business at the registered address”.

Procedure for Changing a name of a Limited Liability Company (LLC)

Documents Required for the Renaming Procedure of an LLC

According to Article 48 of Decree 01/2021/ND-CP, the documents required for renaming an LLC include:

• Notification of changes to the business registration details signed by the legal representative of the enterprise.
• Resolution or decision from the owner of a single-member LLC; or the resolution, decision, and meeting minutes of the Members’ Council for a multi-member LLC.
• Power of attorney authorizing an individual to submit the documents and receive the results (if applicable).
• Copy of the legal documents of the individual authorized to submit the documents and receive the results (if applicable).

Procedure for Changing the Name of a Limited Liability Company

The process for Changing the Name of a Limited Liability Company involves several steps, in accordance with Article 48 of Decree 01/2021/ND-CP. This process is carried out as follows:

Step 1: Look up the name of the company that intends to change to evaluate the possibility of registration

Conducting a name search will help the business determine if the new company name they wish to register is already taken or could be confusingly similar to the names of other registered companies.

Step 2: Prepare the Application for the Name Change

Once the new company name is deemed available for registration, the business will need to prepare the application according to the detailed instructions provided below.

Step 3: Submit the Application for Name Change to the Business Registration Office

The application for the name change should be submitted to the Business Registration Office of the Department of Planning and Investment where the company’s head office is located. The application can be submitted directly or through the online business registration portal for review.

Step 4: Business Registration Office Reviews the Application

The Business Registration Office will review the application’s validity within 3 working days. If the application meets all requirements, the business will be issued a new Business Registration Certificate. If additional information or corrections are needed, the business must comply with the requests from the registration authority.

Steps After Renaming a Limited Liability Company

Replace the Company Seal

After renaming, the Limited Liability Company must replace its seal in accordance with Article 43 of the Law on Enterprises 2020. The company has the right to decide on the form, number, and content of the seal. The management, use, and storage of the seal should be carried out according to the company’s charter.

Update the Company’s Bank Account Information

The company needs to contact the bank where the account is held to update the new information. The specific procedures may vary depending on the bank’s regulations, but generally include:

• An application form for changing account information;
• A copy of the new Business Registration Certificate;
• Other documents required by the bank.

This update ensures consistency in the company’s financial transactions.

Updating Social Insurance Registration Information

According to Decision 595/QĐ-BHXH of 2017, to update social insurance registration information, companies need to submit the following documents:

• The form for participation and adjustment of social insurance and health insurance information (Form TK3-TS);
• A copy of the new business registration certificate.

The processing time is 3 working days from the date the Social Insurance Agency receives the complete and valid documents. This update ensures employee benefits and compliance with social insurance regulations.

Changing Company Signage

According to Clause 4, Article 37 of the 2020 Enterprise Law, the company name must be displayed at the headquarters, branches, representative offices, and business locations of the company. Therefore, companies need to:

• Design and produce new signage with the updated company name;
• Ensure the signage complies with local outdoor advertising regulations;
• Install the new signage at all business locations of the company.

Updating Trademark Protection Documents

According to Article 97 of the 2005 Intellectual Property Law, amended and supplemented by Clause 31 of Article 1 of the Law Amending and Supplementing Several Articles of the Intellectual Property Law, No. 07/2022/QH15, businesses must carry out the procedure to amend the trademark protection documents at the National Office of Intellectual Property. The required documents include:

• An application form for amending the protection document
• The protection document
• Power of attorney (if submitted through a representative)
• Proof of payment of fees and charges

The processing time is one month from the date of receipt of a valid application. This update ensures that the intellectual property rights of the business are protected under the new name

Consulting Services for Business Name Changes

Businesses can refer to professional consulting services for a smooth name change process. At Long Phan, we provide comprehensive support throughout this process, including the following specific services:

• Consultation on Choosing a Suitable Name: We assist with selecting a name that complies with legal regulations.
• Preparation and Submission of Documents: We handle the paperwork and procedures at the business registration authority.
• Post-Name Change Procedures: We support the necessary steps after changing the name, such as updating the company seal, licenses, tax registration, and social insurance.
• Resolution of Issues: We offer advice on handling any issues that arise during the name change process.
• Strategic Consulting: We assist with strategy changes, operations, and company direction following the completion of the name change process.

Experts at Long Phan are committed to guiding businesses to avoid common pitfalls during the name change process. We provide support with Changing the Name of a Limited Liability Company procedures, such as updating the company seal and documents. Additionally, we offer strategic communication advice to maintain brand reputation. Using our services helps save time and effort, ensuring a smooth and successful name change process.

Changing the Name of a Limited Liability Company (LLC) is an important administrative procedure that requires careful preparation of documents and strict adherence to legal regulations. This article provides detailed information about the procedure for changing the name of an LLC and is intended to assist you in carrying out this process. For specific advice on the procedure for Changing the Name of a Limited Liability Company, please contact Long Phan at hotline 090.673.5386 for the best support.