Illinois, like many U.S. states, requires all corporations, limited liability companies (LLCs), and nonprofits to appoint a registered agent for their business. This law exists to help ensure business owners are aware of important correspondence and deadlines that could affect the company’s legal standing.
Learn the specific requirements for registered agents in Illinois, from legal obligations to the appointment process, costs, and how to change your registered agent when/if necessary.
What is a registered agent in Illinois?
A registered agent is an individual or entity that you appoint to receive official or legal notices on behalf of your business. Under Illinois Compiled Statutes (805 ILCS 180/1-35 for LLCs and 805 ILCS 5/5.05 for corporations), every registered business entity must continuously maintain a registered agent to serve as the official point of contact with the Illinois Secretary of State (SOS).
Your agent helps ensure that you’re aware of any critical documents and deadlines within a timely manner. This includes service of process (legal notices, such as lawsuits), official state correspondence, annual report notices, and other time-sensitive materials. For example, if a notice gets lost in the mail and you miss a critical court date, your business could lose its chance to defend itself in court.
What are the primary duties of an Illinois registered agent?
Based on Illinois law, a registered agent must do the following:
- Maintain a physical street address (not a P.O. Box) within the state of Illinois, called the registered office.
- Be available at said office during normal business hours (typically 9 a.m. to 5 p.m., Monday through Friday) to receive service of process on behalf of your business.
- Serve as the official point of contact between the business and the Illinois Secretary of State's office.
- Accept official state correspondence including tax notices, compliance reminders, and regulatory updates.
- Forward important documents and legal notices promptly to your business.
- Provide timely alerts about upcoming deadlines, such as annual report due dates.
Who can serve as a registered agent in Illinois?
Illinois law provides some flexibility in who you can choose to serve as your registered agent. However, they must meet these requirements:
- The agent must be an individual Illinois resident, or an entity (corporation, LLC, etc.) authorized to transact business in Illinois.
- If the agent is an entity, it must be authorized to perform registered agent services.
- The agent must have a business office identical to the registered office.
How to appoint or change a registered agent in Illinois
It’s relatively easy to appoint or change a registered agent in Illinois as long as you file the correct forms with the Secretary of State.
How to appoint a registered agent
- For an LLC: File articles of organization (Form LLC-5.5) for a $150 filing fee. Include your registered agent’s name and registered office address.
- For a corporation: File articles of incorporation (Form BCA-2.10) with your registered agent’s name and registered office address and pay the $150 filing fee plus a minimum $25 franchise tax.
- For a nonprofit. File articles of incorporation (Form NFP-2.10) and include your registered agent and registered office information. Then, pay the $50 filing fee.
- For a foreign entity. File the Application for Admission to Transact Business (Form BCA-13.15 for corporations, Form LLC-50.1 for LLCs) and pay the $150 filing fee.
How to change an existing registered agent
- For an LLC. Use the online tool to file a LLC Change of Registered Agent and/or Agent's Office Address Change form and pay the $25 filling fee.
- For all corporations. Use the online tool to file a Corp Registered Agent and/or Registered Office form and pay the $25 filing fee.
Should you be your own registered agent in Illinois?
While you (or another employee) can act as your business’ registered agent, you may prefer to hire a professional service for the security and flexibility.
Here are some of the pros and cons of doing it yourself.
| Pros of being your own agent | Cons of being your own agent |
|---|---|
| No additional cost | Must be available at the registered office during regular business hours |
| Direct control over documents | Office address becomes public record |
| Immediate access to legal notices | Risk of missing important documents when traveling or unavailable |
| No third-party dependency | May appear less professional |
| Risk of being served a lawsuit at your office |
Benefits of hiring a professional Illinois registered agent service
Beyond the additional job functions they may perform, there are many reasons why you would want to hire a professional registered agent service for your business.
- Enhanced privacy. Professional services provide a business address that’s not your personal or professional address, confidential handling of sensitive legal documents, and protection from unwanted visitors or process servers at your place of business.
- Reliable compliance. You’ll have access to automated reminders for important deadlines, expert knowledge of Illinois business law, and backup storage to ensure nothing is missed.
- Flexibility. A service allows you to travel freely during business hours, work remotely and flexibly, and focus on running your business.
- Document management. Professional agent services like LegalZoom offer digital scanning and storage and text or email notifications when important documents arrive.
Why choose LegalZoom as your Illinois registered agent?
In our 20+ years of experience helping people start their businesses, we’ve seen it all when it comes to ever-evolving compliance requirements. As your registered agent, we stay on top of changes in state requirements and send alerts when we receive important correspondence so that you’ll never miss a beat.
Here are some of the perks of using LegalZoom as your registered agent:
- Added privacy. Critical legal notices come to our address instead of your home or workplace.
- Time-sensitive alerts. You’ll receive alerts for important and time-sensitive mail.
- Guaranteed availability. Our Chicago office is open during normal business hours to receive official mail and meet legal requirements.
- Digital storage. Our service includes secure cloud storage so you can access critical business documents anytime, from anywhere.
- Junk mail filtering. You only get the information that matters, saving you time and effort.
- Seamless transition services. If you want to make us your new registered agent, we'll pay the fees and take care of that paperwork at no cost to you.
FAQs about Illinois registered agents
Can I be my own registered agent in Illinois?
Yes, you can serve as your own registered agent in Illinois if you’re a resident of the state. But your business can’t act as its own registered agent. If you act as your own agent, your name and address become public record.
How much does a registered agent cost in Illinois?
That depends on who you choose to serve as your agent. LegalZoom’s registered agent service costs $249 per year and includes extra services like unlimited cloud storage for your legal documents and instant alerts when an important business or legal correspondence needs your immediate attention.
What happens if I don't maintain a registered agent in Illinois?
Without a registered agent, your business risks dissolution by the Secretary of State in addition to the risk of missing important documents and deadlines that can impact your business’ legal standing in the state.
How do I change my registered agent in Illinois?
You can change your registered agent in Illinois by filing a change of registered agent and/or registered office form with the Illinois Secretary of State. Make sure to choose the right form for your business structure as there’s a separate form for LLCs and corporations. The filing fee is $25, and typically takes 7 to 10 business days to process, unless you opt for the $50 expedited service.
What forms and fees are required for Illinois registered agents?
New businesses report registered agent information in their formation documents (articles of organization for LLCs and articles of incorporation for corporations). To change an existing registered agent, file an LLC or corporation change of registered agent and/or registered office form. The current fee for changing a registered agent is $25, with an optional $50 expedited processing fee. You can file these forms online, by mail, or in person with the Illinois Secretary of State.
What is the difference between a registered agent and a principal office in Illinois?
Your registered agent is the person or entity that you designate to receive legal documents and official correspondence on behalf of your business. The registered office is where your registered agent receives these notices and must be a physical address in Illinois.
Your principal office is your main business location where you conduct day-to-day operations. These can be the same address, but they don't have to be.
Can a registered agent resign in Illinois?
Yes, a registered agent can resign in Illinois. But, they need to give proper notice to both the business and the Illinois Secretary of State. Additionally, the resigning agent must notify the business at least 10 days before they file the statement of resignation with the Secretary of State.
The business must then file the appropriate change of registered agent forms with the state to avoid a gap in registered agent service. Professional registered agent services usually provide advance notice and assistance with transitions to ensure continuous compliance.
Shannon Grilli contributed to this article.
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