LLC Name Reservation Requirements in Utah
At a glance
| Governing law and optional reservation scope | Shared entity-name reservation under Utah Code § 16-1a-304; entity includes LLC (§ 16-1a-101(41)) |
|---|---|
| Who may apply and for which LLC or series name | Any person may apply; § 16-1a-304 names no separate LLC-series or name-change applicant route; foreign name registration is distinct (§ 16-1a-305) |
| Name availability, designator, distinguishability, and consent | Available entity name; distinguishable from listed entity, DBA, reserved, and registered names; LLC designator; limited consent and judgment exceptions (§§ 16-1a-302 to -304) |
| Application, signer, form, and filing office | File applicant name/address and proposed name with Division; signed entity filing, written unless electronic delivery allowed; paper typed, computer-generated or machine-printed (§§ 16-1a-202, -304) |
| Reservation, renewal, transfer, and cancellation fees | Division's posted FY2026 schedule lists $22 for name reservation; § 16-1a-304 sets no dollar amount or separate transfer/renewal/cancellation fee |
| Term, start date, and statutory exclusive use | Exclusive use for 120 calendar days after the day Division reserves an available name (§ 16-1a-304(2)) |
| Renewal, filing window, and repeat limits | § 16-1a-304 states no reservation-renewal or reapplication window; distinct foreign-name registration permits successive one-year renewals (§ 16-1a-305(5)) |
| Transfer notice, signer, and transferee details | Reserver transfers by signed notice in a record delivered to Division, stating transferee name/address (§ 16-1a-304(3)) |
| Cancellation, withdrawal, revocation, and scope of name rights | § 16-1a-304 specifies no postreservation cancellation or revocation; § 16-1a-205 permits withdrawal of an entity filing before it takes effect; reservation concerns entity records, not trademark or domain rights |
Requirements one by one
Name and applicant
Utah's October 1, 2026 recodification replaced the former LLC-specific name provisions with the shared entity-name provisions in §§ 16-1a-302 to -305. The definition of “entity” in § 16-1a-101(41) expressly includes an LLC. Under § 16-1a-304, a person may apply before an LLC exists; the application gives the applicant's name and address and the proposed name.
The Division applies the availability test in § 16-1a-302 against existing domestic entities, registered foreign entities, DBAs, reservations, and registered names. An LLC name also needs a designator under § 16-1a-303(5). The new § 16-1a-302(4) allows an entity's recorded consent where the name includes a listed entity-type term, without the former undertaking to change the existing name. A certified final judgment establishing name-use rights is another statutory route under § 16-1a-302(7).
Filing and term
Utah Code § 16-1a-202 requires a signed filing, written delivery unless the Division allows electronic delivery, and typed, computer-generated, or machine-printed paper. If the name is available, § 16-1a-304(2) gives the applicant exclusive use for 120 calendar days after the day the Division reserves it. A person who reserved the name may transfer it through a signed notice in a record giving the transferee's name and address.
The Division's posted fee schedule lists $22 for name reservation, but the document is labeled fiscal year 2026. Confirm the current charge with the Division; § 16-1a-304 itself gives no dollar amount.
What trips people up
Reservation under § 16-1a-304 is separate from a foreign entity's name registration under § 16-1a-305. Registration has a one-year term and an express renewal route; the reservation provision states no comparable renewal process. It also states no postreservation cancellation or revocation procedure. Section § 16-1a-205 separately permits withdrawal of an entity filing before that filing takes effect.
The recodification changed more than section numbers: the name consent exception no longer requires the existing entity to promise a name change, and the 120-day rule now specifies calendar days after the Division's reservation day. A reservation concerns the Division's entity-name record; it does not settle trademark, domain, or actual-use rights.
Common questions
Does transferring a reservation restart the hold?
Section 16-1a-304(3) authorizes transfer of the reserved name but gives no new term. Check the Division's recorded reservation date and expiration.
Does adding “LLC” distinguish an otherwise conflicting name?
Section 16-1a-302(3)(a) lists “LLC” among terms that do not qualify as a distinguishing difference; the Division applies the full statutory availability test.
Statutes and sources
The quoted current rules are in 2026 Utah S.B. 40, chapter 93, effective October 1, 2026, accessed October 1, 2026. The Division's posted fee schedule, also checked October 1, is labeled fiscal year 2026.
Source links
Every statute quoted above, linked, with the date we checked it.
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