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.
Find out where you stand in Illinois
What kind of business is registering the name?
DocDraft provides document preparation, not legal advice.
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
- 1
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.
- 2
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).
- 3
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.
- 4
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).
- 5
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).
- 6
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.
- 7
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.
Open the DBA (Doing Business As) guideCustomize your DBA (Doing Business As) Template with DocDraft
Illinois Requirements for DBA (Doing Business As)
File With the County Clerk
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.
County-Set Fee
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 Assumed Business Name
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.
Registrant and Owners
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.
Principal Place of Business
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.
Newspaper Publication
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).
Proof of Publication or Void
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).
No Entity, No Trademark, No Liability Shield
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.