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LAKE COUNTY, ILLINOIS
Procedures for Filing an Assumed Name Business Registration
Who must file?
Illinois law requires that individuals conducting or transacting a business under any name other than the real name or 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 or a corporation contact the Illinois Secretary of State (217) 782-7880, not the County Clerk for information. For any other information concerning an Assumed Name Business, please call (800) 252-2923.
What is the procedure?
|Contact the Illinois Secretary of State name availability office at 217-782-9520. This office will check to ensure that the fictitious name is not already in use in Illinois.|
1. The Assumed Name Certificate must be completed printing the name and physical address (not P.O. Box) of the business, and the names and physical home addresses of all owners/partners in the business. A form is available online here.
Applications by fax and e-mail CANNOT be accepted. All business owners/partners must sign the form in front of a Notary Public. The original certificate is then filed in the County Clerk’s office along with a $5.00 filing fee (Please make check payable to: Lake County Clerk). At that time a Notice for Publication will be issued to you.
2. The Assumed Name Publication Notice must be taken to a general circulation Lake County newspaper (list) 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.
Here's how the legal publication might appear in the newspaper you select:
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ASSUMED BUSINESS NAME CERTIFICATE
NAME OF BUSINESS:
LAKE GENESEE APARTMENTS
Address(es) where business is to be conducted or transacted in this county: 3256 Tangley Oaks Drive, Lake Bluff IL 60044
Name(s) and post office or residence address(es) of the person(s) owning, conducting or transacting business:
Larry and Linda Landlord, 3256 Tangley Oaks Drive, Lake Bluff IL 60044
STATE OF ILLINOIS
COUNTY OF LAKE
This is to certify that the undersigned intend(s) to conduct the above named business from the location(s) indicated and that the true or real full name(s) of the person(s) owning, conducting or transacting the business are correct as shown.
/s/ Larry Landlord, 2/28/97
/s/ Linda Landlord, 2/28/97
The foregoing instrument was acknowledged before me by the person(s) intending to conduct the business this 28th day of February, 1997.
/s/ Nancy Notary
3. After publishing, the newspaper will issue a Certificate of Publication. The original Certificate of Publication 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. Certification of registration will be considered VOID if proof of publication is not provided within the 50 days.
4. After receipt of the Certificate of Publication the business will be given a Certificate of Ownership. This will have completed all the Assumed Name filing requirements.
What if there are changes in the business information?
If there is a change in the business 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. All supplemental forms are available at the County Clerk’s office. The filing fee for this or any amendment to the business is $1.50. Publication is again required when the change involves 25% or more of the total ownership of the business.
PROCEDURES FOR SUPPLEMENTARY FILING
1. Complete in duplicate the appropriate Supplementary Assumed Business Name Certificate form. Please type or print in black ink. Forms are available for download at http://lakecountyil.gov/CountyClerk/Publications/County%20Forms/Forms/AllItems.aspx.
2. Sign and have both copies of the certificate notarized before a Notary Public or a Deputy County Clerk.
3. Return the forms to the County Clerk's office with the filing fee. The Clerk will give you a date-stamped copy as your receipt for filing.
4. Publish the legal notice of filing the certificate in a newspaper of general circulation within Lake County once a week for 3 consecutive weeks. (Publication is not necessary for a Supplementary Certificate for Withdrawal if less than 25% of the ownership is withdrawing.) The first publication must appear in the newspaper within 15 days after the date you filed the form in the County Clerk's office. The newspaper will set up the legal notice from your date-stamped copy.
5. File the original copy of the "certificate of publication" (issued by the newspaper after the third week) with the County Clerk's office within 50 days after the date you filed the supplementary form in the County Clerk's office.
UNLESS PROOF OF PUBLICATION IS FILED WITH THE COUNTY CLERK, THE SUPPLEMENTARY CERTIFICATE OF THE ASSUMED BUSINESS NAME IS VOID!
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 847-360-6661.
|Notice: These procedures are based on information provided by the County Clerk, and do not constitute legal advice. If you have questions about these procedures, consult an attorney.|