Illinois: Assumed-Name (DBA) Registration Requirements

verified against the statute 2026-07-23 6 statute sources

The short answer

It depends on who you are. An individual or general partnership doing business under a name that is not the owners' own names files an assumed business name certificate with the county clerk of each county where it operates, and must publish notice in a local newspaper once a week for three weeks — without proof of that publication, the registration is void. A corporation or LLC is not covered by that Act; it registers an assumed name with the Secretary of State instead, with no publication. The county clerk's statutory fee is $5 plus the newspaper cost, and running an unregistered assumed-name business on the county track is a Class C misdemeanor.

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This is the general rule in Illinois. Ezel applies current Illinois law to your specific facts and answers with citations to the statutes.

Governing law and schemeTwo schemes by who you are. Individuals and general partnerships file under the Assumed Business Name Act, 805 ILCS 405/1 et seq. — County Clerk filing plus mandatory newspaper publication. Corporations, LLCs, LPs, and LLPs are excluded from that Act (§ 4) and instead adopt an assumed name with the Secretary of State under their own governing act (e.g., Business Corporation Act, 805 ILCS 5/4.15)
Who must registerAn individual or general partnership doing business under any name other than the real name(s) of the owner(s) files under the Assumed Business Name Act (§ 1). A corporation, LLC, LP, or LLP using a name other than its true registered name adopts an assumed name with the Secretary of State (§ 4; 805 ILCS 5/4.15). An entity using its exact registered name files nothing
Filing officeIndividuals/partnerships: the County Clerk of each county where the business is conducted (§ 1). Registered entities: the Illinois Secretary of State (§ 4; 805 ILCS 5/4.15)
Filing deadlineBefore conducting business under the name (§ 1; 805 ILCS 5/4.15(c)). On the county track you then publish within 15 days after filing and file proof of publication within 50 days (§ 1)
Publication requirementCounty track only, and mandatory: publish notice of the filing in a county newspaper of general circulation "once a week for 3 consecutive weeks," first insertion within 15 days of filing, proof filed within 50 days — "Unless proof of publication is made ... the certificate ... is void" (§ 1). A home-based owner who reasonably fears for their safety may instead name the county clerk as agent for service of process and keep the home address confidential, with a court order or police report (§ 1a). The Secretary of State entity track has no publication
Filing feeCounty track: the County Clerk's statutory indexing-and-filing fee is $5 (§ 3), plus the separate newspaper-publication cost. Entity track: assumed-name filing and renewal fees are set by the entity's governing act (805 ILCS 5/4.15(e))
Term and renewalCounty track: no fixed term or renewal cycle, but a change of name, address, or added owner — or a move or added location in another county — requires a new certificate and republication (§ 1). Entity track: an assumed corporate name runs until the anniversary month in the next year evenly divisible by 5, renewable for 5-year periods with the annual report (805 ILCS 5/4.15(d)–(e))
Name exclusivityCounty track: none — the certificate is an indexed public record and presumptive evidence of the facts, not a grant of rights (§ 3). Entity track: an assumed corporate name must be distinguishable from existing names (805 ILCS 5/4.15(a)), giving registered entities limited name priority; broader brand rights come from trademark law
Penalty for noncomplianceCounty track: conducting business without complying is a Class C misdemeanor, and "each day ... shall be deemed a separate offense" (§ 5); separately, without proof of publication the registration is void (§ 1). The Act imposes no general suit-bar

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Requirements one by one

Which track you're on

Illinois splits assumed-name registration by the kind of business you are:

  • Individuals and general partnerships register under the Assumed Business
    Name Act
    (805 ILCS 405/1): you file with a county clerk and publish notice
    in a newspaper.
  • Corporations, LLCs, limited partnerships, and limited liability
    partnerships
    are expressly outside that Act — it "shall in no way affect or
    apply to" them (§ 4). A registered entity that wants to operate under a name
    other than its true registered name instead adopts an assumed name with the
    Secretary of State
    under its own act (for a corporation, the Business
    Corporation Act, 805 ILCS 5/4.15).

An entity using its exact registered name files nothing at all.

The county-clerk track: file, then publish

If you are an individual or general partnership, you "file in the office of the
County Clerk of the County in which [you] conduct or transact ... business" a
certificate giving the assumed name and the owners' real names and addresses
(§ 1). Filing is required before you do business under the name.

Publication is not optional. You must publish notice of the filing "in a
newspaper of general circulation published within the county ... once a week for
3 consecutive weeks," with the first insertion "within 15 days after the
certificate is filed," and then file proof of publication with the clerk "within
50 days" (§ 1). The stakes are real: "Unless proof of publication is made to the
clerk, the certificate of registration of the assumed name is void."

Two wrinkles follow from this:

  • Multi-county. If you later move or add a business location in another
    county, you file a fresh certificate there and republish (§ 1).
  • A safety exception for home businesses. A person running the business from
    their residence who "reasonably believes that publishing his or her home
    address would put his or her safety at risk" may name the county clerk as the
    agent for service of process instead of publishing the home address, provided
    the request is backed by "a court order or police report" and the residence
    address is given to the clerk confidentially (§ 1a).

The Secretary of State track: registered entities

A corporation adopting an assumed corporate name files an application with the
Secretary of State before transacting business under it (805 ILCS 5/4.15(c)).
That right runs "until the first day of the anniversary month of the corporation
that falls within the next calendar year evenly divisible by 5," and is renewable
"for a period of 5 years" with the annual report (§ 4.15(d)–(e)). The assumed
corporate name must be distinguishable from existing names (§ 4.15(a)), so unlike
the county certificate it carries limited name priority. LLCs, LPs, and LLPs
register their assumed names with the Secretary of State under their own acts in
the same way.

Fees

On the county track, the clerk's statutory "indexing and filing" fee is $5.00
(§ 3), and you separately pay the newspaper for the three-week publication. On the
entity track, the Secretary of State's assumed-name filing and renewal fees are
set by the entity's governing act (§ 4.15(e)).

If you skip it

On the county track, conducting business without complying "shall be guilty of a
Class C misdemeanor, and each day ... shall be deemed a separate offense" (§ 5).
And because a certificate is "void" without proof of publication (§ 1), skipping
the newspaper step leaves you with no valid registration at all. The Act does not
add a general bar on suing.

What trips people up

  • Publication is mandatory, and the registration is void without proof of it.
    Filing the certificate is only half the job; if you never publish and file the
    affidavit within 50 days, the certificate "is void" (§ 1).
  • Corporations and LLCs do not use the county clerk. The Assumed Business Name
    Act "shall in no way affect or apply to" them (§ 4); a registered entity
    registers its assumed name with the Secretary of State (805 ILCS 5/4.15).
    Filing a county certificate for an LLC is the wrong route.
  • A home-based owner can keep their address private. If publishing your home
    address would endanger you, § 1a lets you name the county clerk as service agent
    with a court order or police report instead of publishing the address.
  • The county certificate does not lock up the name. It is an indexed public
    record and presumptive evidence of the facts (§ 3), not a property right in the
    name. Brand protection is a trademark question.

Common questions

I'm a sole proprietor in one county — what exactly do I do? File the assumed
business name certificate with your county clerk, then run a newspaper notice once
a week for three weeks (first within 15 days of filing) and file the proof within
50 days (§ 1). Budget the $5 clerk fee plus the paper's charge.

I formed an LLC — do I file with the county too? No. The Act excludes LLCs
(§ 4); you register any assumed name for the LLC with the Secretary of State.

What happens if I forget the newspaper step? Your certificate is void (§ 1),
so you are treated as unregistered — and operating unregistered on the county
track is a Class C misdemeanor, with each day a separate offense (§ 5).

I work from home and don't want my address in the paper — any options? Yes.
Section 1a lets a home-based owner who reasonably fears for their safety list the
county clerk as agent for service of process, backed by a court order or police
report, keeping the residence address confidential.

Statutes and sources

  • 805 ILCS 405/1 — county-clerk filing, mandatory three-week publication, and
    the void-without-proof rule. Official text (accessed 2026-07-23).
  • 805 ILCS 405/1a — home-based-business confidentiality option for the
    publication requirement. Official text (accessed 2026-07-23).
  • 805 ILCS 405/3 — $5 county-clerk indexing/filing fee; certificate as
    presumptive evidence. Official text (accessed 2026-07-23).
  • 805 ILCS 405/4 — the Act does not apply to corporations, LLCs, LPs, or LLPs.
    Official text (accessed 2026-07-23).
  • 805 ILCS 405/5 — Class C misdemeanor for noncompliance, each day a separate
    offense. Official text (accessed 2026-07-23).
  • 805 ILCS 5/4.15 — assumed corporate name: Secretary of State filing, term to
    the anniversary month in a year divisible by 5, and 5-year renewal. Official text (accessed 2026-07-23).

Source links

Every statute quoted above, linked, with the date we checked it.

805 ILCS 405/1 · accessed 2026-07-23
805 ILCS 405/1a · accessed 2026-07-23
805 ILCS 405/3 · accessed 2026-07-23
805 ILCS 405/4 · accessed 2026-07-23
805 ILCS 405/5 · accessed 2026-07-23
805 ILCS 5/4.15 · accessed 2026-07-23
This page is general legal information about registering an assumed or fictitious business name (a DBA), not legal advice about a particular name, filing, bank-account requirement, contract, or dispute. It does not cover forming a corporation or LLC, reserving an entity name, or registering a trademark, and a DBA filing does not by itself protect a name against use by others. County fees and agency forms can change without a statutory amendment; local business-license and tax rules may add separate filings. Use the current official forms and ask the filing office or a qualified attorney about a specific name or business.

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