Assumed Names LLC – When a domestic or foreign LLC’s name is not available for use in Illinois, the State may force the foreign entity to adopt an assumed name. When a domestic entity’s name is not available, you may want to add a word to distinguish this entity from one currently on file in the State of Illinois.

This topic will address the following questions:

• What if my desired company name is not available for use with the State of Illinois?
• Can I use a name other than my legal corporate name?
• Is a D/B/A the same as an assumed name?
• Why do I have to use an assumed name when my company name is already established in another state?
• How long can I keep my assumed name?

Useful Background Information

Assumed names LLC are effective upon the acceptance of the filing with the Secretary of State, and, like all things Illinois, the filing fee will vary depending on the year you file your application to adopt an assumed name. Assumed names are renewable on years divisible by 5, and your filing fee follows that same rule. For Instance, if you file for an assumed name in 2023, your assumed name renewal year would be 2025, and your filing fee would follow the schedule listed on the Application to Adopt an Assumed Name.

If your company is forced to use an assumed name when filing a domestic or out-of-state entity, these formation documents must be presented with the assumed name application and filed in tandem.

How to Complete Form LLC-1.20 — Application to Adopt, Change, or Cancel an Assumed Name

Numbered items in the article below correspond to the numbered questions on the form. Unless indicated as optional, all questions must be completed.

1. The Limited Liability Company name: If you are qualifying to transact business in the State of Illinois, this would be the company name that you originally listed on your filed formation documents. The company name must include the terms “limited liability company”, “L.L.C.”, or “LLC” (805 ILCS 180/1-10)
2. The State or country under the laws of which your company is organized (i.e., if you are a domestic LLC, your state of organization would be Illinois, if you are a foreign LLC, your state of organization would be the state in which your company initially filed its organizational documents). Check whether Illinois is domestic or Foreign and list the State of formation. 
3. If the LLC is a Series LLC, check the box.
4. To adopt an assumed name, indicate the assumed name you intend to use.
5. To change an assumed name, (a) list the assumed name you are no longer going to transact business with, and (b) list the new assumed name.
6. To cancel an assumed name, list the assumed name you are no longer going to transact business under. 
7. To renew an assumed name, list the assumed name already in use and due to be renewed.

Illinois will only accept renewals of an assumed name up to 60 days before the assumed name anniversary date and can be elected to be renewed on the company’s annual report form, by paying the renewal fees in tandem with the annual report fee and franchise taxes.

To check your company’s name availability, contact the Illinois Secretary of State Name Availability Section listed below for the appropriate entity type:

Corporations: 217-782-6961
Limited Liability Companies: 217-524-8008

Filing fees for Assumed name adoption, change, cancellation, or renewals vary, as outlined below:

1. An assumed name may be adopted in five-year increments. The right to use an assumed name shall be effective from the date of filing by the Secretary of State until the first day of the anniversary month of the Limited Liability Company that falls within the next calendar year evenly divisible by 5.
2. The filing fee to adopt an assumed name is $150 for each year or part thereof ending in 0 or 5; $120 for each year or part thereof ending in 1 or 6; $90 for each year or part thereof ending in 2 or 7; $60 for each year or part thereof ending in 3 or 8; or $30 for each year or part thereof ending in 4 or 9.
3. The fee to change an assumed name is $25.
4. The fee for canceling an assumed name is $5.

The fee to renew an assumed name LLC is $150. Assumed names LLC may be renewed 60 days before the expiration of the right to use the assumed name, for five years, by making an election to do so at the time of filing the Annual Report and by paying the renewal fees as prescribed by the LLC Act.

A penalty of $100 will apply to any assumed name renewed on or after the first day of the company’s anniversary month. If the assumed name is not renewed within the 60 days commencing with the first day of the company’s anniversary month, the right to use the assumed name shall cease.

How to File Form LLC-1.20 — Application to Adopt, Change, or Cancel an Assumed Name

Companies that cannot renew an assumed name online:

Limited liability companies that have more than two assumed names;

Limited liability companies that have been dissolved, either voluntarily or administratively, that have been revoked or effected a voluntary withdrawal, or that have expired; or must execute the renewal through the use of "layered signatures" or by power of attorney. All documents executed by power of attorney must be accompanied by a copy of the authorization.

To mail the LLC 1.20 form to the State of Illinois:

Secretary of State Department of Business Services Limited Liability Division

501 S. Second St., Rm. 351
Springfield, IL 62756
217-524-8008

Both domestic and foreign limited liability companies having no more than two assumed names may renew one or both of the assumed names electronically. You will be required to enter your state file number to access the assumed name portal.

To adopt an assumed name online, go to: https://apps.ilsos.gov/llcassumedadoptname/

To Renew an assumed name online go to: https://apps.ilsos.gov/llassrenewal/