Illinois law requires that individuals conducting or transacting a business under
any name other than the real names of the owners must file an Assumed Name Certificate
with the County Clerk in the county in which the business is located. If the business
will be incorporated, a corporation, or an LLC, file with the Illinois Secretary of State
(217-782-7880), not the County Clerk. For retail tax information, call 217-524-4772.
What is the procedure?
The Assumed Name Certificate must be completed with the name and physical street address (not P.O. Box) of the business, the type of product or service you're offering, and the names and home addresses of all owners/partners in the business. All business owners/partners must sign the form in front of a Notary Public (We have notaries available). The business owner then files in the County Clerk's office along with a $5.00 filing fee. At that time the Assumed Name Publication Notice paperwork will be issued to the business owner.
The Assumed Name Publication Notice must be taken
to a general circulation Kane County newspaper where the Publication Notice is published
once a week for three consecutive weeks. The first of the three notices must be
published within 15 days of the initial filing of the Assumed Name Certificate.
After publishing, the newspaper completes the Publisher's Certificate and attaches
a tear-sheet of the notice. The Publisher's Certificate must be received in the
County Clerk's office in order for the filing requirements to be complete. It is
the responsibility of the business owner to be sure the Publisher's Certificate
is returned to the County Clerk's office within 50 days from the date of filing.
After receipt of the Publisher's Certificate, the business owner will be given a Certificate of Ownership of Business. This will have completed all of the Assumed Name filing requirements.
*The Assumed Name Certificate and Assumed Name Publication Notice paperwork will be considered VOID if the first of the three notices is not published in the newspaper within 15 days of the initial filing of the Assumed Name Certificate. If the Publisher’s Certificate is not provided to the county within 50 days from the date of filing, then the process has to be completed again.
What if there are changes in the business information?
If there is any change in the address, name of owner(s) or address, it is necessary
to file a Supplemental Assumed Name Certificate with the County Clerk's office,
indicating the change. The filing fee for this is $1.50. Publication is again required
with the change involves: adding owner(s) names to the business, closing the business,
withdrawing owner(s) names when withdrawal involves 25% or more of the total ownership,
or change of business address.
Most of these procedures can be accomplished by mail to the County Clerk's office.
If you have any questions, please call the Clerk's office at 630/232-5950.