LLC Name Reservation Requirements in Virginia
At a glance
| Governing law and optional reservation scope | Optional LLC name reservation under Virginia LLC Act § 13.1-1013; reserved name may later support listed formation, name-change, and foreign-registration filings |
|---|---|
| Who may apply and for which LLC or series name | Any person; expressly includes foreign-LLC designated name; owner may use reserved name for listed domestic/foreign LLC and other entity filings (§ 13.1-1013(A), (D)) |
| Name availability, designator, distinguishability, and consent | Reservation requires record distinguishability; applicant need not include LLC designator at reservation stage, but later entity name must comply; domestic LLC use-consent exception is separate (§§ 13.1-1012, -1013(A), (D)) |
| Application, signer, form, and filing office | Apply to State Corporation Commission; § 13.1-1013 does not itemize applicant fields or application signer; general filing rules require legible document, any mandatory form, and fee (§ 13.1-1003) |
| Reservation, renewal, transfer, and cancellation fees | $10 each for reservation application, renewal application, and transfer notice (§ 13.1-1005(3)) |
| Term, start date, and statutory exclusive use | Commission reserves distinguishable name for applicant’s exclusive use for 120-day period; § 13.1-1013(A) gives no separate start-date formula |
| Renewal, filing window, and repeat limits | Owner may renew for successive 120-day periods by applying within 45 days before expiration; no count limit stated (§ 13.1-1013(B)) |
| Transfer notice, signer, and transferee details | Owner delivers notice signed by original applicant, specifying transferee name/address; $10 filing fee (§§ 13.1-1013(C), 13.1-1005(3)(b)) |
| Cancellation, withdrawal, revocation, and scope of name rights | § 13.1-1013 gives no cancellation, withdrawal, or agency-revocation procedure; use in later filings remains subject to entity-specific name rules (§ 13.1-1013(D)) |
Requirements one by one
Applicant and name check
Va. Code § 13.1-1013(A) allows a person to apply to the State Corporation Commission for exclusive use of an LLC name, including a designated name for a foreign LLC. The Commission must find the name distinguishable in its records. The application-stage name need not include the LLC designator in § 13.1-1012(A), but § 13.1-1013(D) requires the name to comply with the applicable entity rule when used in a later formation, name change, or foreign registration. Section 13.1-1012(D) separately permits a domestic LLC to seek authorization to use a nondistinguishable name with the other entity’s written consent and name-change undertaking; that is not an automatic reservation exception.
Application and fee
Section 13.1-1013 does not itemize application fields or expressly identify its signer. Section 13.1-1003 supplies the general document standards, including legibility, any mandatory prescribed form, delivery to the Commission, and payment of the filing fee. § 13.1-1005(3) charges $10 for an application to reserve, $10 for a renewal application, and $10 for a transfer notice. LLC formation still requires separate articles under § 13.1-1011.
Term and renewal
An approved name is reserved for the applicant’s exclusive use for a 120-day period (§ 13.1-1013(A)). The owner may renew for successive 120-day periods, but the renewal application must be filed in the 45-day period before the current reservation expires (§ 13.1-1013(B)). The section states no numerical cap on successive renewals and no separate formula for the original start date.
Transfer and later use
The owner may transfer the reservation by delivering a notice to the Commission signed by the applicant for whom the name was reserved and stating the transferee’s name and address (§ 13.1-1013(C)). Section 13.1-1013(D) allows the owner to use the reserved name with specified domestic formation or name-change filings and foreign authority or registration filings, subject to the name statute governing the resulting filing.
What trips people up
Renewal is a timely filing within the last 45 days of the existing hold, not an automatic extension. A proposed name can omit the LLC designator at the reservation stage, but the later company filing still faces § 13.1-1012 and other applicable name rules. Section 13.1-1013 does not specify a separate cancellation, withdrawal, or revocation process.
Common questions
Can a foreign LLC reserve a Virginia designated name?
Yes. Section 13.1-1013(A) expressly includes a designated name for a foreign LLC, subject to the Commission’s distinguishability finding.
Can the same reservation support a later name change?
Section 13.1-1013(D) allows the owner to use it in connection with an amendment changing the name of a domestic LLC, subject to the name rule applicable to the amendment.
Statutes and sources
The official Virginia Code pages, accessed September 22, 2026, contain the quoted text of §§ 13.1-1003 and 13.1-1005, § 13.1-1011, § 13.1-1012, and § 13.1-1013.
Source links
Every statute quoted above, linked, with the date we checked it.
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