Register a DBA in Illinois

What the law requires

Illinois splits DBA registration by business form. Individuals and general partnerships must file an assumed-name certificate with the County Clerk of each county where they conduct or transact business, followed by newspaper publication (805 ILCS 405/1). Corporations, LLCs, LPs, and LLPs are expressly excluded from the county act (805 ILCS 405/4) and instead register assumed names with the Secretary of State under their entity statutes (e.g., 805 ILCS 5/4.15 for corporations, 805 ILCS 180/1-20 for LLCs).

"No person or persons shall conduct or transact business in this State under an assumed name, or under any designation, name or style, corporate or otherwise, other than the real name or names of the individual or individuals conducting or transacting such business, unless such person or persons shall file in the office of the County Clerk of the County in which such person or persons conduct or transact or intend to conduct or transact such business, a certificate setting forth the name under which the business is, or is to be, conducted or transacted, and the true or real full name or names of the person or persons owning, conducting or transacting the same" — 805 ILCS 405/1

Where filings go

For individuals and general partnerships: the County Clerk of each county where the business is or is to be conducted, with an additional certificate required in any other county where the business relocates or opens an additional location. For registered entities: the Secretary of State under the entity acts.

"If any business organization for which such certificate has been filed in any county of this State shall remove its place of business to another county in this State or shall establish an additional location for doing business in another county of this State, a certificate shall be filed in the office of the County Clerk of such other county and notice of the filing of such certificate of a change or addition of a name shall be published and proof of publication made pursuant to the provisions of this section in the same manner as is provided for original certificates to do business under an assumed name." — 805 ILCS 405/1

Publication requirement

Notice of the county filing must be published in a county newspaper of general circulation once a week for 3 consecutive weeks, with first publication within 15 days of filing; proof of publication must be filed with the County Clerk within 50 days, and the registration is void without it.

"Notice of the filing of such certificate shall be published in a newspaper of general circulation published within the county in which the certificate is filed. Such notice shall be published once a week for 3 consecutive weeks. The first publication shall be within 15 days after the certificate is filed in the office of the County Clerk. Proof of publication shall be filed with the County Clerk within 50 days from the date of filing the certificate. ... Unless proof of publication is made to the clerk, the certificate of registration of the assumed name is void." — 805 ILCS 405/1

How long it lasts

The county-level certificate has no stated duration or expiration in 805 ILCS 405; supplemental certificates are required when a name, residence address, or business address changes or a person is added. Entity-level assumed names registered with the Secretary of State run to the first day of the entity's anniversary month in the next calendar year evenly divisible by 5. Renewal: County certificate: no renewal provision appears in the act. SOS-registered assumed corporate names: renew within the 60 days preceding expiration, for 5-year periods, at annual-report time (805 ILCS 5/4.15(e); parallel LLC rule at 805 ILCS 180/1-20(d)).

"A corporation shall renew the right to use its assumed corporate name or names, if any, within the 60 days preceding the expiration of such right, for a period of 5 years, by making an election to do so at the time of filing its annual report form and by paying the renewal fee as prescribed by this Act." — 805 ILCS 5/4.15(d), (e)

Name restrictions

A person may not advertise or list in a telephone directory an assumed or fictitious business name that intentionally misrepresents where the business is located or operating ('locale misrepresentation'), and a foreign person or entity may not use an assumed or fictitious name to intentionally misrepresent its origin or location. SOS-registered assumed corporate names must also satisfy the corporate-name standards of 805 ILCS 5/4.05(a)(2)-(6).

"A person shall not advertise or cause to be listed in a telephone directory an assumed or fictitious business name that intentionally misrepresents where the business is actually located or operating or falsely states that the business is located or operating in the area covered by the telephone directory." — 805 ILCS 405/3b; 805 ILCS 405/1

Entities and assumed names

A domestic or foreign corporation may elect to adopt an assumed corporate name and must file an application with the Secretary of State before transacting business under it (805 ILCS 5/4.15(a), (c)); LLCs have a parallel mechanism (805 ILCS 180/1-20). A foreign corporation whose true name is not distinguishable on the Secretary of State's records may still be issued a certificate of authority if it elects an assumed corporate name and agrees to transact business in Illinois only under that name.

"subject to the discretion of the Secretary of State, a foreign corporation that has a name prohibited by this paragraph may be issued a certificate of authority to transact business in this State, if the foreign corporation: (i) Elects to adopt an assumed corporate name or names in accordance with Section 4.15 of this Act; and (ii) Agrees in its application for a certificate of authority to transact business in this State only under such assumed corporate name or names." — 805 ILCS 5/4.05(a)(3); 805 ILCS 5/4.15