There are a number of good reasons that entrepreneurs who start a new business in Louisiana choose to form a limited liability company. Once you’ve decided to open an LLC in Louisiana, one of the first things you’ll have to do is choose a business name. Your name should be easy to remember. It can tell the public what it is that you do. It also has to conform to state LLC naming regulations. A key rule is that it must be distinguishable from existing Louisiana business names.

Why do you need to do a business entity search when starting an LLC?

Louisiana doesn’t allow two businesses in the state to register names that are the same or are not distinguishable from one another. It you file your LLC Articles of Organization with a name that’s too close to a business name already in use, your filing will be rejected. You’ll have to come up with a new name and file again.

If you do a Google search with your potential name, you may be able to figure out whether the name you want is available. However, the best way to ensure your name is acceptable is to do a business entity search at the Louisiana Secretary of State website.

State naming guidelines

Before you choose a name and begin a business entity search, you should review the detailed Louisiana naming guidelines to ensure that the name you want is permissible in the state. Here are some of the key points from the guidelines document:

• You may not use a name that could lead people to believe that your business is a government agency.
• You may not use a name that implies that your LLC is something different from what you describe in your Articles of Organization.
• You may not use a name that implies an illegal activity.
• You may not use words that are immoral or scandalous.
• You need approval from the appropriate professional organization to use certain words in your name. These include forms of the words engineer, surveying, architect, credit union, bank, and homestead.
• You may not use the word “insurance” unless your business is a brokerage firm or insurance agency.
• No LLC may include the words, phrases, or abbreviations Inc, Corp, Incorporated, Corporation, doing business as, or DBA.
• Every LLC name must contain the words “limited liability company” or an abbreviation such as LLC or LC. Most companies choose LLC.

Names must be distinguishable, but the Secretary of State doesn’t publish explicit rules about what is and isn’t distinguishable. If you’re not certain, you may have to contact the SOS office.

Conducting a business name search in Louisiana – step by step guide with tips

A Louisiana business name search is free, and it’s easy. You can do it at the Search for Louisiana Business Filings web page:

Select Search by Entity Name as the Search type.

Select Search by Entity Name as the Search type.

Click the Search button.

You can get up to 250 results per search. If there are no results, your chosen name is likely to be available. If there are results, the name may not be available if some results are similar. For example, if your potential name is Acme Enterprises, LLC, and you see that there’s a business called Acme Enterprise, the name is not available. For a final determination in a specific case, you can call the Louisiana Secretary of State office at 225-925-4704, Monday through Friday between 8:00 AM and 4:30 PM Central Time. Here are some tips for making best use of the search facility:

• Have several names in mind before you begin to search.
• Do not include the word LLC in your search. You also need to know about companies that aren’t LLCs.
• Use several variations of the name. In particular, use only part of the words in your name. For example, if you want the name “Acme Enterprises,” search with only the word “Acme.”
• Leave out special characters such as commas, periods, and apostrophes.
• Don’t worry about case. You can search with either upper- or lower-case letters.

Even if a Louisiana entity search does not turn up a name similar to yours, there are a couple more steps you should take before you proceed:

• Search for a trademark similar to your name. Trademarks are at the federal level, and you run the risk of committing an infringement if you use a name that is trademarked. There is a trademark search tool with the U.S. Patent and Trademark Office.
• Search for a domain name similar to your name. You’ll probably want your company name and website name to be the same or similar, and if someone already has the domain name, you won’t be able to do that. Use a domain search tool such as GoDaddy.

Alternate Business Names

Some companies do business under names other than the name registered with the state. You might want this if your business focus has changed, you started a new division with a new purpose, or you want a name that includes the town or city of your new branch. In Louisiana, you can accomplish this by using a Trade Name, a Doing Business As name, or both.

A Trade Name is filed with the Secretary of State at the GeauBIZ web page, and it must be distinguishable from other business names. The fee is $75. This is a formal filing; Louisiana treats Trade Names like trademarks.

A DBA name is filed at the parish or county level. It does not have to be unique or even distinguishable, but it lets the public know that you are doing business under this name. Fees are lower than for a Trade Name. Contact the Parish or County Clerk to file a DBA name.

What can you do once you have a name that is available?

You can start by congratulating yourself on having successfully chosen a name, but there are several steps to take to make sure the name remains yours.

Reserve the name.

If you’re not yet ready to file your LLC articles of organization, you can reserve the name so that no one else claims it. You do this at the Transmittal Information page. The fee is $25, $30, or $50, depending on how quickly you want it. Reservations are valid for 120 days and cannot be renewed.

Trademark your name at the U.S. Patent and Trademark Office.

You don’t have to do this, but it protects your name from being used anywhere else in the United States.

Register a domain name.

Even if you won’t have a website right away, you may want one in the future. You don’t want anyone else to take the name you’d prefer. There are many online registrars that can do this for you.

File your Articles of Organization.

Actually file your Louisiana Articles of Organization and Initial Report at the GeauBIZ site. The fee is $100.

Conclusion

Choosing the right name for your Louisiana LLC is a crucial step in establishing your business. By conducting a business entity search, you can avoid potential delays and legal issues. The process might seem complicated, but it ensures that your business name is unique and compliant with Louisiana’s regulations.

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