FICTITIOUS BUSINESS NAME (DBA)

REGISTRATION AND PUBLICATION NOTICE

State of Illinois

[County of [COUNTY] ]

[Effective Date: [MM/DD/YYYY]]

[// GUIDANCE:
1. This template is designed for the filing and publication of an assumed (fictitious) business name in Illinois under the Assumed Business Name Act, 805 Ill. Comp. Stat. 405/1 et seq. (“ABNA”).
2. Replace every bracketed [PLACEHOLDER] with client-specific data.
3. Confirm county-level procedural variations (fees, renewal cycle, notarization format, etc.) before finalizing.
4. Where the REQUIRED DOCUMENT ARCHITECTURE calls for provisions that are not germane to an ABNA filing (e.g., indemnification), the section appears as “Reserved – Intentionally Omitted” to maintain numbering integrity.
]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation (Reserved)
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
XI. Exhibit A – Form of Newspaper Publication Notice

I. DOCUMENT HEADER

1. Title. This “Fictitious Business Name (DBA) Registration and Publication Notice” (the “Notice”) is submitted to the Office of the [County] County Clerk (the “Clerk”) pursuant to the ABNA for the purpose of registering the Assumed Name defined below.

2. Parties.
   a. “[Business]” means collectively each person or entity listed in Section 3.1 below (each, an “Owner,” and together, the “Owners”).
   b. “Clerk” has the meaning ascribed in 805 Ill. Comp. Stat. 405/1.

3. Consideration & Purpose. In consideration of compliance with the ABNA and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the Owners submit this Notice to (i) register the Assumed Name with the Clerk, and (ii) authorize publication in a newspaper of general circulation within [County] County, Illinois.

4. Governing Law & Jurisdiction. This Notice is governed by Illinois state business law, and all filings shall be made with the Clerk for the county identified above.

II. DEFINITIONS

“Assumed Name” means “[FULL ASSUMED BUSINESS NAME]”.
“Business Address” means “[STREET, CITY, STATE ZIP]”.
“Effective Date” has the meaning set forth in the Document Header.
“Notice Period” means the period beginning on the Effective Date and ending on the date that is the earlier of (a) the date the Owners cease using the Assumed Name, or (b) the date of expiration or non-renewal of the filed certificate pursuant to Section 3.4.
“Publication Period” has the meaning provided in Section 3.3(a).

III. OPERATIVE PROVISIONS

3.1 Statement of Ownership and Address

The Owners conducting or intending to conduct business under the Assumed Name are:

[Add rows as needed.]

3.2 Filing Obligations

a. Certificate. The Owners shall file this Notice (or the county-specific certificate of assumed business name) with the Clerk in accordance with 805 Ill. Comp. Stat. 405/1 within ten (10) business days after the Effective Date.

b. Signatures. Each Owner (or its duly authorized representative) shall sign the certificate before a deputy clerk or a notary public, as required by the Clerk’s office.

c. Fees. The Owners shall pay all statutory and county-imposed filing fees at the time of submission.

3.3 Publication Obligations

a. Timing. Within fifteen (15) calendar days after the date of filing with the Clerk, the Owners shall cause the Notice substantially in the form attached hereto as Exhibit A (the “Publication Notice”) to be published once each week for three (3) consecutive weeks in a newspaper of general circulation published within [County] County, Illinois (the “Publication Period”), in compliance with 805 Ill. Comp. Stat. 405/3.

b. Proof of Publication. Promptly after the final weekly publication, the Owners shall obtain the publisher’s Certificate of Publication (affidavit) and file the same with the Clerk within fifty (50) calendar days after the initial filing date.

3.4 Renewal & Amendments

a. Renewal. Unless the Clerk’s office imposes a shorter renewal cycle, the registration shall remain effective for [COUNTY-SPECIFIC PERIOD, e.g., “five (5) years”] from the Effective Date. The Owners shall file a renewal certificate within the period prescribed by the Clerk (typically not more than sixty (60) days nor fewer than thirty (30) days before expiration).

b. Amendments. Any change in (i) the Assumed Name, (ii) the Business Address, or (iii) the identity, legal name, or address of any Owner must be reported to the Clerk within thirty (30) calendar days by filing an amended certificate and republishing the amended notice in accordance with Section 3.3.

c. Withdrawal. Upon discontinuance of the Business or cessation of use of the Assumed Name, the Owners shall file a withdrawal certificate with the Clerk and publish a corresponding notice for one (1) week in the same manner as the Publication Notice.

IV. REPRESENTATIONS & WARRANTIES

4.1 Authority. Each Owner represents and warrants that:
a. such Owner has full legal capacity, power, and authority to execute and deliver this Notice;
b. the information set forth herein (and in any schedules, certificates, or exhibits delivered in connection herewith) is true, correct, and complete in all material respects; and
c. the execution, filing, and performance of this Notice do not and will not violate any applicable law, court order, or contractual obligation binding upon such Owner.

4.2 Reliance & Survival. The Owners acknowledge that the Clerk and the public will rely upon the accuracy of the information provided herein. The representations and warranties in this Section IV survive for the duration of the Notice Period.

V. COVENANTS & RESTRICTIONS

5.1 Continuing Compliance. The Owners covenant to maintain compliance with the ABNA and all county-level regulations for the duration of the Notice Period, including timely renewals, amendments, and withdrawals.

5.2 Record Retention. The Owners shall preserve copies of all filings, proofs of publication, and correspondence with the Clerk for a minimum of seven (7) years from the Effective Date.

VI. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute an “Event of Default”:
a. failure to publish the Publication Notice within the time period prescribed in Section 3.3;
b. failure to file proof of publication with the Clerk within fifty (50) days of the original filing;
c. failure to timely renew, amend, or withdraw as required under Section 3.4; or
d. any materially false statement contained in this Notice.

6.2 Consequences. Upon an Event of Default:
a. the certificate may become void, rendering the Assumed Name unprotected under Illinois law;
b. the Owners may be subject to fines or penalties imposed by the Clerk or Illinois Secretary of State; and
c. any Owner or third party aggrieved by the Event of Default may pursue all remedies available at law or in equity.

VII. RISK ALLOCATION

[Reserved – Intentionally Omitted (per metadata: indemnification and liability caps not applicable).]

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Notice shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict-of-laws principles.

8.2 Forum Selection. Any action arising out of or relating to this Notice shall be filed exclusively with the Clerk of the Circuit Court of [County] County, Illinois.

8.3 Arbitration; Jury Waiver; Injunctive Relief. Not applicable.

IX. GENERAL PROVISIONS

9.1 Amendments; Waivers. No amendment or waiver of any provision of this Notice is effective unless it is in writing and filed with the Clerk (and, if required, published).

9.2 Assignment. This Notice and the rights hereunder may not be assigned by any Owner without compliance with Section 3.4 and applicable law.

9.3 Severability. If any provision of this Notice is held invalid or unenforceable, such provision shall be severed, and the remainder of the Notice shall remain in full force and effect.

9.4 Entire Agreement. This Notice (including all exhibits) constitutes the entire agreement among the Owners concerning the Assumed Name and supersedes all prior or contemporaneous oral or written statements relating thereto.

9.5 Counterparts; Electronic Signatures. This Notice may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means (e.g., PDF, DocuSign) are deemed original for all purposes.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned have executed and delivered this Notice as of the Effective Date.

[Add lines as needed.]

[NOTARY ACKNOWLEDGMENT BLOCK – Modify per county requirements]

State of Illinois )
: SS.
County of [COUNTY])

On this _ day of _, 20__, before me, the undersigned notary public, personally appeared [NAMES], known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged that they executed the same for the purposes therein contained.

Notary Public
My Commission Expires: ______

XI. EXHIBIT A – FORM OF NEWSPAPER PUBLICATION NOTICE

[// GUIDANCE: Provide this text verbatim to the publisher; they will add their affidavit of publication after the third insertion.]

NOTICE OF ASSUMED BUSINESS NAME
(“DBA”)

Certificate No.: [FILE NUMBER]
Filed with the [County] County Clerk: [MM/DD/YYYY]

1. Name of Business: [ASSUMED NAME]
2. Business Address: [STREET, CITY, IL ZIP]
3. Names and Addresses of Owners:
   • [OWNER 1 LEGAL NAME], [ADDRESS]
   • [OWNER 2 LEGAL NAME], [ADDRESS]
   [Add as necessary]

The above-named Owners do hereby certify, pursuant to 805 ILCS 405/1 et seq., that they are conducting or intend to conduct business at the location and under the assumed name stated above.

THIS NOTICE IS TO APPEAR IN:
[Name of Newspaper] once each week for three (3) consecutive weeks, with the first publication to occur not later than fifteen (15) days after the filing date shown above.

Date: [MM/DD/YYYY]
/s/ [OWNER 1 NAME]
/s/ [OWNER 2 NAME]

[// GUIDANCE: After publication, ensure the newspaper’s “Certificate of Publication” (affidavit) is filed with the Clerk within the statutory window (currently 50 days from initial filing in most counties). Failure to do so voids the filing.]

© [YEAR] [LAW FIRM NAME OR DRAFTER]. All rights reserved. This template is provided for attorney use only and should be tailored to specific client circumstances and county-level rules before filing.