How to Name a Nonprofit in Delaware

Choosing a name for your 501(c)(3) nonprofit organization is the first step in our complete guide, How to Start a Nonprofit in Delaware. One of the most important decisions any founder will make is selecting the right name. We’re here to help with our full guide to choosing, validating, and registering a Delaware nonprofit name in four easy steps.

Check out our other guides for a look at How to Start a Nonprofit Organization or How to Name a Nonprofit in other states.

Recommended: Use our Business Name Generator to brainstorm hundreds of catchy names (with available URLs) for your nonprofit.

Name Your Nonprofit in 4 Easy Steps

Naming your Delaware nonprofit is easy. Just follow these four simple steps to secure the best name for your 501(c)(3).

SKIP AHEAD
Step 1: Choose the Right Name for Your Nonprofit
Step 2: Follow the Nonprofit Naming Rules in Delaware
Step 3: Check if Your Business Name is Available
Step 4: Register Your Nonprofit Name

Use our 501(c)(3) Lookup Table to see if your nonprofit’s name is already in use.

Step 1: Choose the Right Name for Your Nonprofit

Selecting the right name for your organization is an important task. In order to choose the name that best represents your nonprofit’s mission and purpose, we recommend following these guidelines:

  • Be specific. A nonprofit’s name should be direct and specific enough to convey its mission. Avoid using vague words or terms that could confuse donors and prospective clients about your organization’s purpose.
  • Make it memorable. Memorability is essential when selecting a name for any business. For nonprofits, selecting a name that will stick in the minds of those who come across it will not only improve your organization’s exposure among donors and volunteers but also make it easier for potential clients to find your services.
  • Keep it professional. Nonprofits rely heavily on their public image in order to attract donors or clients who may use their services — and their first impression will stem from your organization’s name. For this reason, your nonprofit needs a professional name that communicates a serious dedication to its mission and purpose.
  • Make it emotional. Whether your organization provides services for animals, displaced persons, or any other community, emotion and charity have a strong bond. Selecting a name that appeals to the emotions of both donors and clients will help build trust as well as your organization’s credibility.

We recommend selecting at least four to five names that fit your criteria before you start researching their availability. This approach will increase your chances of securing a unique and available name.

Recommended: Use our Business Name Generator to help you find an available and unique name in your state.

Step 2: Follow the Nonprofit Naming Rules in Delaware

Corporation Name Requirements

Your Delaware nonprofit name must adhere to the guidelines laid out in Section 102 of the General Corporation Law:

(i) shall contain 1 of the words “association,” “company,” “corporation,” “club,” “foundation,” “fund,” “incorporated,” “institute,” “society,” “union,” “syndicate,” or “limited,” (or abbreviations thereof, with or without punctuation), or words (or abbreviations thereof, with or without punctuation) of like import of foreign countries or jurisdictions (provided they are written in roman characters or letters); provided, however, that the Division of Corporations in the Department of State may waive such requirement (unless it determines that such name is, or might otherwise appear to be, that of a natural person) if such corporation executes, acknowledges and files with the Secretary of State in accordance with § 103 of this title a certificate stating that its total assets, as defined in § 503(i) of this title, are not less than $10,000,000, or, in the sole discretion of the Division of Corporations in the Department of State, if the corporation is both a nonprofit nonstock corporation and an association of professionals,

(ii) shall be such as to distinguish it upon the records in the office of the Division of Corporations in the Department of State from the names that are reserved on such records and from the names on such records of each other corporation, partnership, limited partnership, limited liability company, registered series of a limited liability company, registered series of a limited partnership or statutory trust organized or registered as a domestic or foreign corporation, partnership, limited partnership, limited liability company, registered series of a limited liability company, registered series of a limited partnership or statutory trust under the laws of this State, except with the written consent of the person who has reserved such name or such other foreign corporation or domestic or foreign partnership, limited partnership, limited liability company, registered series of a limited liability company, registered series of a limited partnership or statutory trust, executed, acknowledged and filed with the Secretary of State in accordance with § 103 of this title, or except that, without prejudicing any rights of the person who has reserved such name or such other foreign corporation or domestic or foreign partnership, limited partnership, limited liability company, registered series of a limited liability company, registered series of a limited partnership or statutory trust, the Division of Corporations in the Department of State may waive such requirement if the corporation demonstrates to the satisfaction of the Secretary of State that the corporation or a predecessor entity previously has made substantial use of such name or a substantially similar name, that the corporation has made reasonable efforts to secure such written consent, and that such waiver is in the interest of the State

(iii) except as permitted by § 395 of this title, shall not contain the word “trust,” and

(iv) shall not contain the word “bank,” or any variation thereof, except for the name of a bank reporting to and under the supervision of the State Bank Commissioner of this State or a subsidiary of a bank or savings association (as those terms are defined in the Federal Deposit Insurance Act, as amended, at 12 U.S.C. § 1813), or a corporation regulated under the Bank Holding Company Act of 1956, as amended, 12 U.S.C. § 1841 et seq., or the Home Owners’ Loan Act, as amended, 12 U.S.C. § 1461 et seq.; provided, however, that this section shall not be construed to prevent the use of the word “bank,” or any variation thereof, in a context clearly not purporting to refer to a banking business or otherwise likely to mislead the public about the nature of the business of the corporation or to lead to a pattern and practice of abuse that might cause harm to the interests of the public or the State as determined by the Division of Corporations in the Department of State;

Putting It Into Practice

Most nonprofits in Delaware are organized as corporations, but you can choose to organize a nonprofit in four other ways: an unincorporated association, a trust, an association, or a limited liability company (LLC). Each option has specific naming requirements you must follow.

For the purposes of this article, we’ll focus on the requirements for naming a nonprofit corporation.

Incorporating is the most common way to organize a nonprofit. While naming rules for corporations vary by state, some requirements apply nationwide. State standards in Delaware include:

  • Your corporation’s name must include “association,” “company,” “corporation,” “club,” “foundation,” “fund,” “incorporated,” “institute,” “society,” “union,” “syndicate,” or “limited,” or an abbreviation of any of these terms.
  • Your corporation’s name must be distinguishable from any other name on record within the state of Delaware, including any reserved names.
  • Your corporation’s name can’t include any words that imply it is related to a government agency.
  • Your corporation’s name can’t include words like “university,” “bank,” “credit union,” or “trust” as a separate word to convey the organization is engaged in banking or trust.

Tax Exemption Requirements

If you plan to file for tax-exempt status with the Internal Revenue Service (IRS), pay close attention to the wording you use in your nonprofit’s name. Any words that imply a political or lobbying affiliation may hinder your ability to file for 501(c)(3) status.

Step 3: Check If Your Business Name Is Available

After you chose one or several name options for your nonprofit, you’ll need to make sure it’s available. Every nonprofit must have a distinguishable name so it’s helpful to confirm the availability of your desired name prior to incorporation.

The top four searches you should perform include:

Delaware General Information Name Search and Name Availability Search

To operate a nonprofit corporation in Delaware, its name must be unique. Unlike other states, Delaware provides a Delaware General Information Name Search as well as a Delaware Name Availability Search — both of which can be easily used to confirm the availability of your chosen name.

Domain Name Search

We strongly recommend that you also check to see if your business name is available as a web domain (URL). Even if you don’t plan to create a business website today, you may want to buy the web address to prevent others from acquiring that domain name. It’s a free search.

Federal Trademark Search

You can easily check if someone already trademarked your chosen nonprofit name by using the federal Trademark Electronic Search System. This is important even if you don’t plan to incorporate your nonprofit right away.

Once you confirm that no one else already trademarked your chosen name, you can apply for a trademark for your nonprofit.

If you need help with getting a logo for your nonprofit, try branding your business with our Free Logo Generator! Get a unique logo in minutes and start building your nonprofit’s brand immediately.

Web and Social Media Search

A strong social media presence will play a key role in expanding your reach to potential donors or clients that will use your services. That makes it important to search the web and popular social media platforms for your desired name before registering it to ensure it’s available on all the platforms where you plan to promote your organization.

Step 4: Register Your Nonprofit Name

After you choose your nonprofit’s name and confirm its availability, the next step involves registering the organization’s name. You have a few options to achieve a name registration:

Recommended: Read our full, step-by-step guide on How to Register a Business Name in Delaware.

File for a Name Reservation

In Delaware, domestic nonprofit corporations are not required to file for a name reservation before incorporation. However, reserving a name can prove beneficial — especially if you aren’t ready to incorporate, but want to ensure the availability of your chosen name.

To file a name reservation in the state of Delaware:

Name reservations for nonprofit corporations in Delaware last 60 days and can be renewed by mailing in a Re-Reservation Application once the original reservation expires.

Form a Corporation

Incorporating is the most common way to organize a nonprofit and, once you select a name, it’s the next step in making your nonprofit official. Forming a corporation in Delaware involves a few easy steps:

  1. Name Your Corporation
  2. Choose a Registered Agent
  3. Choose Your Corporation’s Initial Directors and Share Structure
  4. File the Formation Documents
  5. Get an EIN

File for a DBA Name

Filing a trade name, also called a doing business as (DBA) name, in Delaware allows your nonprofit to operate using a different name than its legal, registered business name. This can prove especially helpful if you want to change the name of an existing organization without filing an amendment to your Certificate of Incorporation.

To learn how to file a DBA or trade name in Delaware, check out our step-by-step guide.

Frequently Asked Questions

How do I incorporate a nonprofit in Delaware?

To officially incorporate a nonprofit in Delaware, you must file a Certificate of Incorporation with the Delaware Secretary of State. You also must complete several other essential steps before you file that formation document, which you can find in our step-by-step guide to starting a nonprofit in Delaware.

What is a Delaware nonstock corporation?

A nonstock corporation in Delaware has no capital stock and typically is a business structure used for organizations that plan to file for tax exemption. This corporation type must include their intention for nonprofit status when filing their Delaware Certificate of Incorporation.

How do I find nonprofits in Delaware?

Use our handy Delaware 501(c)(3) Lookup Table to find nonprofits in Delaware. You can use this tool to see if your preferred nonprofit name is in use or not.

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