LLC Name Reservation Requirements in Virginia

Short answer A person may apply to the State Corporation Commission to reserve an available Virginia LLC name, including a designated name for a foreign LLC. The Commission holds a distinguishable name exclusively for 120 days. The owner may renew for successive 120-day periods by filing during the 45 days before expiration, or transfer the hold by a signed notice identifying the transferee.
State
Virginia
Statute checked
September 22, 2026
Sources
5 statutes

At a glance

Governing law and optional reservation scopeOptional 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 nameAny 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 consentReservation 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 officeApply 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 useCommission 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 limitsOwner 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 detailsOwner 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.

Va. Code § 13.1-1003 · accessed 2026-09-22
Va. Code § 13.1-1005 · accessed 2026-09-22
Va. Code § 13.1-1011 · accessed 2026-09-22
Va. Code § 13.1-1012 · accessed 2026-09-22
Va. Code § 13.1-1013 · accessed 2026-09-22
This page is general legal information about state LLC name-reservation procedures, not legal advice, trademark clearance, filing approval, or a representation that any proposed name is available. The current statute, agency records and forms, filing fees, applicant identity, company type, proposed use, existing entity names, marks, contracts, and reservation date can change the answer. A reservation may hold a name in the state entity records for the statutory period but does not by itself form or qualify an LLC, create a registered series, grant a trademark or domain, or resolve an infringement or priority dispute. Verify the current agency record and law and obtain licensed advice before relying on a name or filing.

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