What if the name I want in the foreign state is already taken?
The entity name that you are legally incorporated under in Delaware may not be available for registration in your foreign state (your principal address state), either because the name contains a problematic suffix, or because the root name is legally in use already by another company. Name conflicts are a common scenario for foreign corporations, but there is a workaround known as a DBA. To obtain a DBA, you may need to declare a backup name choice to use in connection with your Delaware legal name on your foreign qualification application. When we process your application in the foreign state, we will contact you if the name is unavailable, and ask you for your choice of DBA name. Once you choose a DBA that is available, your foreign registration document will reflect both your Delaware legal entity name, and the assumed name for that state. Example: If you Delaware name is "Company, Inc." but it is unavailable in California, and you choose the DBA of "Company XYZ, Inc." which is available, then your full legal name in California will be "Company, Inc. which will do business in California as Company XYZ, Inc." There could be other filings required at the County level when operating under a DBA. Check the County Clerk's business entity web site or the local office near you to see if you also need to file an official DBA registration form after you have formed as a foreign corporation at the state level.
Last updated on October 3, 2016