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

The name you choose must be available in the state of Oklahoma. That means that no business is already using that name or an indistinguishably similar one. If the name is taken, your Articles of Organization will be rejected when you file them, and you won’t be able to start doing business.

You could check by entering your desired name in a search engine and seeing what pops up, but there’s a better and more reliable way. That’s to use the Search Business Entities web page provided by the Oklahoma Secretary of State.

If you fail to do a proper business entity search, you may set yourself for unnecessary delays in getting your new venture off the ground.

State naming guidelines

• An Oklahoma business name must accurately describe what form of entity it is.
• An LLC must contain the words “limited liability company” or “limited company” or the abbreviations “LLC”, “LC”, “L.L.C.”, or “L.C.” The abbreviations “LTD” for “limited” and “CO” for “company” are allowed.
• The name may not use words that suggest it’s a government agency. It can’t imply an illegal purpose. It can’t suggest it’s a corporation or limited partnership. It can’t use words that imply that it’s a bank, financial institution, or insurance company unless it actually is and has authorization. The same restrictions apply to professional designations such as lawyer, accountant, architect, and engineer.
• The name must be distinguishable not only from other LLC names but also from corporations, limited partnerships, and registered trade names. The Oklahoma statute contains examples of distinguishability. Alternate spellings, spaces, special characters, filler words such as “and” and “the,” and spelled-out words vs. abbreviations are not enough to distinguish a name. If you’re not sure your name is distinguishable, you can call a Filing Examiner for an opinion, but it’s not final. The final decision will be made by the Secretary of State upon your filing.

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

Access the Database

To start your search, go to the Oklahoma Secretary of State’s Search Corporation Entities web page.

You’ll notice an Advanced Search link, which allows you to filter the search or change the type of the search field. For an entity search, the unfiltered search is most useful. (Selecting the Search All option does the same unfiltered search.) Click the Search button to see a list of similar names that already exist.

For each entity, you’ll see the business type. In the far right column, the status tells you whether it’s a legal name or a trade name, and whether it’s currently active. If you want to know more about any of these businesses, click the Filing Number link.

Scroll through the list to see if any entities are indistinguishable from yours. If not, the name you chose is available.

Some tips:

• Leave out “LLC” (or whichever designation you used) from your search argument.
• Have more than one name in mind when you search.
• Leave out punctuation and other special characters.
• If your name has several words, use various versions, sometimes omitting words.
• Even if your desired name is available, you may not want to use it if there are other names in the list that might cause confusion for your public.

Trademarks

You should also check to see if your potential name has been registered as a trademark. Trademarks are at the national level, and if you use one as a business name, you’re at risk for committing an infringement. You can check trademarks with the U.S Patent and Trademark Office.

Domain Name

If you plan to have a website, you may want your domain name to be the same as your business name. You can search to see whether it’s available with tools such as GoDaddy and Namechk.

Trade Name

You can use a trade name, also called a Doing Business As (DBA) or assumed name, if you want to be known to the public by something other than your legal name. You might do this if you’ve added a new line of business or if you want to include the town name of a new location. For a fee of $25, you can file a Trade Name Report to register the name with the Secretary of State.

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

Once you have a name that’s available and that you’re satisfied with, there are several potential next steps:

• Reserve the name. If you’re not ready to file your Articles of Organization, you can put a hold on the name so no one else can take it. Select LLC Name Reservation from the Entity Filing web page. The fee is $10, and the reservation is valid for 60 days.
• Trademark the name. This isn’t required, but it gives you a nationwide trademark, and no one else may use the name. Do this at the U.S. Patent and Trademark Office U.S. Patent and Trademark Office.
• Register a domain name. This will ensure that the name is available when you create a business website. Use one of the many online domain registrar services.
• File your Articles of Organization. If you’re ready to start doing business, select the Limited Liability Company option from the Entity Filing page. The cost is $100 plus a service fee.

Conclusion

Your Oklahoma LLC name should be accurate and memorable, and it must be available and legal in Oklahoma. Once you have followed the rules and used an entity search to ensure that your name is good to go, you’re ready to file your Articles of Organization and start doing business. You should also consider trademarking your name and claiming it as an internet domain name.

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