How to file a DBA in Illinois

There is a journey that every idea undergoes in its transformation into a thriving business. One of the important elements of this journey is a business name. This is the name that every company uses to create its identity in the market. You can use a regular or traditional business name or apply for an Illinois DBA online. A DBA is known as a “Doing Business As” name and is also known as an assumed name. If you are wondering how do I look up a DBA in Illinois then this is the guide that will help answer your questions. It will not only introduce you to various aspects and benefits of an assumed name but also throw light on various associated processes.

Doing Business As or DBA in Illinois

Illinois is home to over 1 million small businesses including LLC, sole proprietorships, and partnerships among others. You can form any type of company structure in this state but one of the primary requirements is that of a business name. The importance of a company name or a DBA lies in the fact that no business can be registered or can operate without this. You may opt to use your name (owner’s legal name) like Sarah Ferguson LLC or use a “Doing Business As” (DBA) name like Ferguson & Friends. If you proceed with filing a DBA in Illinois then it is important to ensure compliance with the requirements as governed by Illinois Compiled Statutes, Chapter 805 – Business Organizations, 805 ILCS 405/ – Assumed Business Name Act. If you are wondering how to look up a DBA in Illinois then there is a specific process that you need to follow.

What is DBA in Illinois?

A business name is considered to be the identity of a company. Your customers, vendors, or partners will be able to recognize your company with the help of a name. Example – When we say IBM, immediately customers globally can relate to the name as one belonging to a technology giant. There are basically three types of business names that any company can choose and they are:

The name of the business owner – James Beck LLC
Traditional company names like Vermillion Inc.
A DBA or an assumed name like Dennis Bakery

You can choose any form of business name as mentioned above. Alternatively, if you want to conduct your business under any name other than your name or the legal name of the owner then you can register and publish a DBA name in Illinois. A DBA or doing business as name is known as an assumed name in this state. Choosing an assumed name makes it possible to operate multiple businesses without the need to register each business.

Conducting an Illinois DBA name search before registering the assumed name is important. You will also need to conduct a trademark registration check. This will help prevent any future issues related to trademark infringement.

When do you need a DBA in Illinois?

Many companies conduct their business under multiple names. If you plan to form an LLC, C Corporation, sole proprietorship, or partnership, then filing a DBA in Illinois is necessary. Of course, there is nothing wrong in using a DBA name or an assumed name as long as you comply with state laws. Several reasons or situations require businesses to file an Illinois DBA online application. Some reasons you may need a DBA are:

Operate multiple businesses – If you want to operate multiple businesses or more than one business, you must apply for Illinois DBA online. A single company cannot use the same name for any other business. Hence, you can apply for an assumed name instead of registering a new legal entity.

Example: Your primary business activity is party planning. Now, you want to expand into baked cookies and cakes. You can simply file an Illinois DBA online application to promote this new venture. After a few months, you can use another assumed name to brand this new business activity if you want to branch off into entertainment.
Maintaining Business Compliance – Certain forms of businesses, like corporations or LLCs, automatically enjoy some degree of legal protection. If you start another business with a different name but don’t file a DBA, that company will not have any legal protection, and your client or project contracts will not hold up in court.
Complexity and expenses – One of the reasons for filing a DBA in Illinois, especially by a sole proprietorship, is to avoid complex processes and expenses related to it. You don’t have to register a sole proprietorship with the state. The only costs involved are those of licenses and individual income tax.

Filing DBA in Illinois for LLC and Corporation

If you focus on expanding your business horizontally, then applying for a DBA would help. This is also known as an assumed name in the state of Illinois. There is a specific process to apply for and obtain an Illinois assumed name or file a DBA in Illinois, especially for a business corporation or an LLC. The process and fee will also differ from the traditional LLC or corporate name reservation process and fee.

Do Illinois Business Name Search

If you want to apply for an Illinois DBA online for your LLC or corporation, then you will first need to ensure compliance with Illinois’s assumed name laws. This will be governed by the Assumed Business Name Act – 805 ILCS 405/0.01 from Ch. 96, par. 3m. You must also ensure your chosen assumed business name is unique. This means it will not be the same as any other registered business name or LLC or corporation’s assumed name in the database. You would now want to know—how I look up a DBA in Illinois.

The answer is simple. All you have to do is conduct an Illinois business or assumed name search. This is also known as Business Entity Search and is facilitated by the website of the IL Secretary of State. Since you must file an assumed name with the local county, the Illinois DBA name search can also be conducted on the county clerk’s office website. If the search reveals the availability of the LLC or corporation’s assumed name, you can register it. There are several options available for conducting a business name search. The options are:

Business Name
Registered Agent
President
Secretary
Manager
File Number
Keyword
Partial Word

Let’s look at an example to understand how this works.

Example: You have started a new business in Cook County. Think of a good name that is compliant with state laws. Then, you must visit the Cook County Clerk’s website and choose the Assumed Business Name Public Search option. You have chosen “James & Associates” and are in landscaping. When you conduct the Illinois DBA name search using this name, the record shows that there is an approved and active business using this exact name. Now, if you change the name to “James Landscaping” and search again, this name will be shown as available.

You must also search for federally registered names or trademarks using the Trademark Electronic Search System (TESS). You must conduct this search before applying for a DBA or publishing a DBA name in Illinois.

File the Certificate of Assumed Name with the County Clerk

Once you have conducted a DBA search and if your chosen name is available, then the next step is to file the Illinois DBA online application. The filing process, the application, and the fee will differ according to the county in which you operate.

Let’s look at an example to understand how this works.

Example: You have started a new business in Cook County. To file a DBA, you must complete and submit the Assumed Business Name (DBA) Application and a $50 registration fee. Now, if your company is located in Du Page County, you must fill and submit the Certificate of Ownership of a Business Application. There is a fee of $10.

It is important to note that you will need to publish a DBA name in Illinois. Most county clerk DBA applications will contain a separate section for publishing assumed names. In Cook County, it is called Copy of Legal Notice to Be Published. You will need to provide basic information like Assumed Business Name, physical address, Owner/Partner Full Name along with address. You will need to publish a notice of your adoption of the said LLC or corporation’s assumed name in a local newspaper within a certain number of days of submitting your application. This will also vary according to the County you are operating from.

Alternatively, we can help you to register a DBA or assumed name for your LLC or corporation in the state of Illinois. The process will require your name to be compliant with the state and county DBA laws. When you apply for an Illinois DBA online with us, you will be able to benefit from our knowledge of the process as well as laws. We will ensure proper information is provided so that your application is not rejected.

Register your Illinois DBA with ease!

Managing Illinois DBA

After conducting an Illinois DBA name search, you can register the assumed name with the office of the County Clerk. Each county in Illinois has its own rules and regulations pertaining to an assumed name. These laws are also applicable for renewal, changing, or cancelling of the assumed name in the jurisdiction where the DBA application was filed. Let’s look at the various processes applicable for managing an Illinois DBA in the future.

How to renew Illinois DBA?

Filing a DBA in Illinois can be done only with the office of the County Clerk. Normally, the assumed names registered at the County level do not expire. If you have registered an assumed business name at the state level after conducting an Illinois DBA name search then you will have to renew your registration every 5 years.

How to change Illinois DBA?

After filing an Illinois DBA online application, if you want to change the DBA name then you will need to cancel it and apply for a new name. There is no easy process for the same. Even if there is any change in business information, you will be required to re-register.

How to cancel Illinois DBA?

Once you publish a DBA name in Illinois, this will become the business name legally. At any given point in time, if you want to cancel or withdraw the assumed name then there is a simple process for the same. If you are filing for canceling at the state level, then you will need to fill and submit the Application to Adopt, Change, Cancel, or Renew an Assumed Name. There is a fee of $5 for corporations and LLC’s.

If you have submitted an Illinois DBA online application to the County Clerk’s office, you will need to follow the cancellation process for that county. You must file a certificate of cancellation with the county clerk’s office where your business is located. The process, forms, and fee will vary from one county to another.

Need Any Assistance in Filing Illinois DBA?

The process for filing a DBA in Illinois requires you to provide accurate business information while being compliant with state assumed name laws, federal trademark laws, and local county laws. The process of conducting an Illinois DBA name search can be quite confusing. IncParadise can gladly assist you with this process. We have expertise and knowledge regarding the Illinois state and county regulations about DBA and new businesses.

We can help you to register an assumed name for your LLC or corporation in Illinois. We also provide additional services that will ensure your other business requirements are fulfilled like getting a tax id, S corporation status, and dissolutions among others.