How to File a DBA in Illinois
In Illinois a DBA is an assumed business name. A sole proprietor or partnership files it with the county clerk, then publishes notice for three weeks. Attorney review available.
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Introduction
Illinois is one of the few states that still makes you publish a DBA in a newspaper, and it calls the filing an assumed business name (also written as an assumed name or ABN), the public registration that lets a person or business use a name different from the owner's legal name. It creates no separate legal entity. Who you file with depends on your business type. A sole proprietor or a general partnership files an assumed business name certificate with the county clerk of the county where the business is conducted, under the Illinois Assumed Business Name Act (805 ILCS 405). A corporation, LLC, limited partnership, or LLP is not covered by that Act (805 ILCS 405/4) and instead registers an assumed name with the Illinois Secretary of State on a separate corporate track. For the county track there is no single statewide fee; each county clerk sets its own fee (for example, Cook County charges $50 and McLean County charges $24), so confirm the current amount with your county clerk. Filing an assumed business name does not create a corporation or an LLC, does not shield the owner from liability, and does not give a trademark or an exclusive right to the name. After you file the county certificate, Illinois requires you to publish notice of it once a week for three consecutive weeks in a newspaper of general circulation in that county. The first publication must be within 15 days after the certificate is filed, and you must file proof of publication with the county clerk within 50 days or the certificate of registration is void (805 ILCS 405/1). The statute sets no fixed expiration term for the county certificate; you file a supplemental certificate when an owner, an address, or the name changes (805 ILCS 405/2). DocDraft builds your Illinois assumed business name statement from your facts, with attorney review available before you file.
Key Things to Know
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In Illinois a DBA is an assumed business name (assumed name or ABN), filed with the county clerk by a sole proprietor or general partnership and with the Secretary of State by a corporation or LLC. It is a public registration that lets you use a business name different from the owner's legal name; it creates no separate legal entity.
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The filing office depends on business type. A sole proprietor or general partnership files an assumed business name certificate with the county clerk of the county where the business is conducted (805 ILCS 405). A corporation, LLC, limited partnership, or LLP registers an assumed name with the Illinois Secretary of State instead (805 ILCS 405/4).
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For the county track there is no statewide fee. Each county clerk sets its own fee, so confirm the amount with your county clerk. For example, Cook County charges $50 and McLean County charges $24.
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After you file the county certificate, Illinois requires you to publish notice once a week for three consecutive weeks in a newspaper of general circulation in the county. The first publication must be within 15 days after filing (805 ILCS 405/1).
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You must file proof of publication with the county clerk within 50 days from the date the certificate was filed, or the certificate of registration is void (805 ILCS 405/1).
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The Assumed Business Name Act sets no fixed expiration term for the county certificate. You file a supplemental certificate when an owner, an address, or the name changes (805 ILCS 405/2), rather than renewing on a fixed cycle.
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A DBA does not give you ownership of or an exclusive right to the name, and it does not limit your liability. A sole proprietor with an assumed name is still personally responsible for the business.
Key decisions before you file
Before you file a DBA (Doing Business As) in Illinois, a few decisions shape the document: which option to choose and what each one means. The DBA (Doing Business As) guide walks through them.
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Illinois Requirements for DBA (Doing Business As)
In Illinois a sole proprietor or general partnership files an assumed business name certificate with the county clerk of the county where the business is conducted, not with the state (805 ILCS 405). A corporation, LLC, or LLP registers an assumed name with the Illinois Secretary of State instead.
There is no statewide Illinois fee for the county assumed business name track. Each county clerk sets its own fee, so confirm the amount with your county clerk. As examples, Cook County charges 50 dollars and McLean County charges 24 dollars.
The exact assumed business name to register. It must not include a word such as Corporation, Incorporated, LLC, or Limited unless the registrant is that type of entity, and a filing is required when the name does not include the true name of each owner.
The full true name and address of the registrant, the type of registrant, and the name and address of each additional owner. For a general partnership, every partner is listed by true name and address on the certificate.
The street address and county of the principal place of business, which sets the county where you file. The certificate goes to the clerk of the county where the business is conducted.
After filing, publish notice of the certificate in a newspaper of general circulation in the county once a week for three consecutive weeks. The first publication must be within 15 days after the certificate is filed (805 ILCS 405/1).
File proof of publication with the county clerk within 50 days from the date the certificate was filed. If proof of publication is not filed, the certificate of registration is void (805 ILCS 405/1).
An Illinois DBA is only a name registration. It creates no separate legal entity, gives no exclusive right or trademark in the name, and does not limit the personal liability of a sole proprietor or general partner.
Frequently Asked Questions
In Illinois a DBA is an assumed business name (also called an assumed name or ABN), a public registration that lets a person or company do business under a name different from the owner's legal name. A sole proprietor or general partnership files an assumed business name certificate with the county clerk of the county where the business is conducted (805 ILCS 405). It connects the name to you on the public record. It does not create a separate legal entity, protect the name, or limit your liability.
In Illinois a DBA (assumed business name) is only a name registration; it creates no new entity and gives no liability protection. An Illinois LLC is a separate legal entity you form by filing Articles of Organization with the Secretary of State, and it shields the owners' personal assets. A sole proprietor files a DBA with the county clerk, while an existing corporation or LLC registers an assumed name with the Secretary of State. Choose based on whether you need liability protection or just a different name.
It depends on your business type. A sole proprietor or general partnership files an assumed business name certificate with the county clerk of the county where the business is conducted, not with the state (805 ILCS 405). Because filing is at the county level, each county clerk sets the fee. Cook County, for example, charges $50 and McLean County charges $24, so check your county clerk for its current amount. A corporation or LLC instead registers an assumed name with the Illinois Secretary of State.
Yes, for the county assumed business name track. After filing your certificate, Illinois requires you to publish notice of it in a newspaper of general circulation in the county once a week for three consecutive weeks. The first publication must be within 15 days after you file (805 ILCS 405/1). You then file proof of publication with the county clerk within 50 days from the filing date, or the certificate of registration is void. Your county clerk can point you to qualifying newspapers.
For the county assumed business name track, the Illinois Assumed Business Name Act sets no fixed expiration term, so there is no statewide fixed renewal cycle to track (805 ILCS 405). Instead, you file a supplemental certificate with the county clerk when an owner, an address, or the name itself changes (805 ILCS 405/2). A corporation or LLC that registers an assumed name with the Illinois Secretary of State follows the separate renewal rules of that corporate track. Confirm any local requirements with your county clerk.
You generally need an Illinois assumed business name certificate if you conduct business under a name that does not include the true name of each owner, under the Assumed Business Name Act (805 ILCS 405). A sole proprietor or general partnership files with the county clerk. Filing on time matters because Illinois law provides penalties and can limit your ability to bring a court action over business done under an unregistered assumed name, so register before you operate under the name.
No. An Illinois assumed business name certificate is a public record connecting a name to the person using it, but it gives no ownership of or exclusive right to the name, so another business could use a similar name. It also creates no separate legal entity, so a sole proprietor filing an assumed name remains personally liable for the business. For exclusive name rights you would seek a trademark, and for liability protection you would form an LLC or corporation.
Yes. An Illinois assumed business name certificate lists each person who owns the business and will use the name. For a general partnership, every partner is listed on the certificate. Because the county clerk sets the fee, listing additional owners may affect the charge, so confirm with your county clerk. All listed owners provide their true names and addresses, and the county clerk records them together on the one certificate for the assumed name.