If you’re planning to start a business in Illinois using a specific name, you may need to register for a business name. Business name registration is commonly referred to as an Illinois DBA or “Doing Business As,” but is officially called an Assumed Name.
To see if you need to register for an Illinois Assumed Name and steps on how to register, check out our guide.
Related: Starting A Business In Illinois Checklist
Who needs to register for an Illinois Assumed Business Name?
When a business wants to operate under a name other than its legal name, the state of Illinois, like most states, requires the registration of a business name. Business name registrations are legislated under Illinois Compiled Statutes 805 ILCS 4051 and 805 ILCS 5-4.152. The requirements for completing the Assumed Business Name registration vary depending on the type of business entity.
A sole proprietorship and general partnership are the most common small business structures to register for an Illinois DBA. By default, the name of a sole proprietorship and general partnership is the owner(s) legal name. Instead, if the small business owner wants to operate under a specific name, they must complete the Assumed Name registration.
For example, if Andrew Smith starts a resume writing service but doesn’t intend to operate under a specific business name, he doesn’t have to register. However, if Andrew decides to name his business Andrew’s Awesome Resumes, he will need to register.
Related: How To Start A Sole Proprietorship In Illinois
A corporation and Limited Liability Company won’t typically register for an Illinois DBA since a unique entity name is created during the entity formation process. However, some will want to register for a DBA if they have another business or brand name they want to operate in addition to the legal name of the business. This can allow multiple businesses to operate with the liability protection of an Illinois corporation or Limited Liability Company without forming another entity.
What are the steps to filing an Assumed Name in Illinois?
Sole Proprietorships and Partnerships
Some counties will have a different order of steps and allow a business to obtain their Certificate of Assumed Name before publishing the legal notice. In this instance, proof of the publication must be submitted to the County Clerk’s office no later than 50 days from the application date.
Step 1: Obtain the Form
Obtain the Assumed Business Name Application from the local County Clerk’s office in the county where the business is physically located. A handful of counties have this form available to download, but most require the form to be picked up in person.
Step 2: Fill out the Form
Information that is needed on the form includes:
- Name of business owner(s)
- Business address
- The business name being applied for
- What the business does
In most counties, the form will need to be notarized before filing.
Step 3: Legal Notice Publication
A legal notice is required to be published in a newspaper that has circulation in the county where the business is located after filing the name registration form. Many counties will provide a list of available publications.
This notice will be published once a week for three consecutive weeks.
Contact the newspaper of your choice. Once the notice runs, the newspaper will send proof of publication as an affidavit or Certificate of Publication and a copy of the original ad proving the notice ran.
Step 4: Submit the form
Take the Assumed Business Name Certificate form and the affidavit to the County Clerk’s office along with the filing fee and submit.
An Assumed Name Certificate will typically be created while you wait.
Corporations, LLCs, LLPs, & LPs
Step 1: Verify Name Availability
A business may not register a Trade Name that is the same or similar to another business in Illinois. To find out if the name you want is available to use, you can do an Illinois business name search on the Illinois Secretary of State’s website.
Step 2: Download the Assumed Name Form
Download the form from the Secretary of State’s website:
- Corporation – Form BCA 4.15
- LLC – Form LLC-1.20
Step 3: Fill out the Form
Information on the form includes:
- Legal name of the entity
- State of formation
- Date formed
- Name being requested
- Name and title of an officer of the entity
Step 4: Submit the Form
Send the form and filing fee to:
Corporations adopting an assumed name
Illinois Secretary of State
Department of Business Services
501 S. Second St., Rm. 350
Springfield, IL 62756
LLCs adopting an assumed name
Illinois Secretary of State
Department of Business Services
Limited Liability Division
501 S. Second St., Rm. 351
Springfield, IL 62756
If you have questions about the process, you can contact the:
Illinois Secretary of State – Department of Business Services
217-782-9520.
Illinois DBA FAQs
How much does an Illinois Assumed Name cost?
The cost for a Sole proprietorship or partnership to register their Assumed Name varies by county, but expect a filing fee of $20-$50 to the County Clerk and $40-$100 for the publication of the legal notice. This is a one-time cost unless the business changes location.
The filing fee for corporations and LLCs vary depending on the year they apply. The cost is $150 if the current year ends with a 0 or 5; $120 if the current year ends with a 1 or 6; $90 if the current year ends with a 2 or 7; and $60 if the current year ends with a 3 or 8; or $30 if the current year ends with a 4 or 9.
Corporation and LLC name registrations are renewed every five years from their anniversary month.
How long does a DBA last in Illinois?
The length of time that an Assumed Business Name is valid in Illinois depends on the business structure.
Sole proprietorships and general partnerships last forever, while corporations and LLCs will last for five years.
Are there any naming restrictions when filing an Illinois DBA?
An Assumed Business Name can’t use a business entity suffix that is different from the entity type. For example, a sole proprietorship can’t use LLC or corporation in its name.
Names can’t be registered using words related to banking or insurance unless the business is licensed to provide those services.
Also, Assumed Names can’t include any words that may refer to a government agency, such as CIA, FBI, Treasury, etc.
Does a DBA need an EIN?
An EIN or Employer Identification Number (also informally called a business tax ID number) is a unique nine-digit number some businesses will register for through the Internal Revenue Department (IRS). An EIN is required for partnerships, corporations, multi-member LLCs, or any business with employees.
Sole proprietorships and single-member LLCs without employees can use the owner’s social security number to identify the business.
There is no cost to get an EIN when registering directly from the IRS.
Related: How To Register For An EIN
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