There are all sorts of legal requirements when it comes to running a business, as you well know. Let LegalZoom take care of one of the most important first steps making your business name official. A DBA statement, or Doing Business As, is what you'll need to open a bank account and legally do business with the name of your new venture. Sometimes called a fictitious business name, filing a DBA with the state becomes one quick, online process when you use LegalZoom. Get started today!
ILLINOIS STATUTORY GUIDELINES
LegalZoom.com customizes your legal DBA filing to comply with local requirements, no matter where you live. However, if youˇ¦re interested in the specifics, they are listed below.
A person must not advertise or list in a telephone directory a DBA 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. This Section does not apply to any foreign person or foreign entity that has gross annual revenues in excess of a specific amount. A foreign limited partnership that violates this Section is guilty of a petty offense and must be fined. A foreign limited partnership is guilty of an additional offense for each additional day in violation of this Section. A foreign person or foreign entity may not use a DBA in the conduct of its business to intentionally misrepresent the origin or location. Carrying on business without filing is a misdemeanor, and each day a DBA is used improperly must be deemed a separate offense. Any LLC or foreign LLC that puts forth any sign or advertisement assuming any name other than that under which it is organized or otherwise authorized by law to act is guilty of a petty offense and must be fined. A LLC or foreign LLC must be deemed guilty of an additional offense for each day it must continue to so offend.
When filing a DBA in Illinois, specific information must be submitted. For all entities except LLCs, limited partnerships, and corporations, the following information is required:
For LLCs and Corporations, the following information is required:
- The name under which the business is, or is to be, conducted or transacted
- True or real full name or names of the person or persons owning, conducting or transacting the same
- Post office address or addresses of such person(s)
- Every address where such business is conducted or transacted in the county
- Limited partnership under this Act must not be subject to the provisions of the DBA Act
For limited partnerships, the following information is required:
- The true LLC name
- The state or country under the laws of which it is organized or incorporated
- That it intends to transact business under DBA
- The DBA that it proposes to use
From a procedural standpoint, the filing must be notarized by the person or persons so conducting or intending to conduct the business. Notice of the filing of such a certificate must be published in a newspaper of general circulation published within the county in which the certificate is filed. The notice must be published once a week for three (3) consecutive weeks, the first publication must be within fifteen (15) days after the certificate is filed, and proof of publication must be filed with the County Clerk within fifty (50) days from the date of filing the certificate. Unless proof of publication is made to the clerk, the certificate of registration of the DBA is void.
- The true name of the limited partnership or
- Name under which the foreign limited partnership is admitted to transact business in this State
- The State or other jurisdiction under the laws of which it is formed
- That it intends to transact business under a DBA
- The DBA which it proposes to use
The DBA expires the first day of the anniversary month of the LLC that falls within the next calendar year evenly divisible by five (5). If it is filed within the two (2) months immediately following the anniversary month of a LLC that falls within a calendar year evenly divisible by five (5), the right to use the DBA is effective until the first day of the anniversary month of the LLC that falls within the next succeeding calendar year evenly divisible by five (5). The DBA must be renewed within the sixty (60) days before expiration for another five (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. One may change or cancel any or all of its DBAs by executing and filing an application setting forth the true name, the state or country under the laws of which it is organized, a statement that it intends to cease transacting business under an DBA by changing or canceling it, and if the DBA is to be changed, the DBA that is proposed to be used. Any person who wishes to withdraw his name must have the certificate cancelled in whole or in part by filing a supplementary certificate under oath, showing that: such person(s) have stopped doing business under the DBA, or that there is no further connection with the business. If such withdrawal effects any change in or transfer of the ownership of 25% or more of the total ownership interest, then notice of the filing of such certificate must be published.