Illinois General Assembly - Full Text of SB2251
Illinois General Assembly

Previous General Assemblies

Full Text of SB2251  98th General Assembly




State of Illinois
2013 and 2014


Introduced 2/15/2013, by Sen. Donne E. Trotter


805 ILCS 405/1  from Ch. 96, par. 4
805 ILCS 405/3  from Ch. 96, par. 6
805 ILCS 405/3a  from Ch. 96, par. 6a

    Amends the Assumed Business Name Act. Provides that filings under the Act shall be in the manner prescribed by the County Clerk. Provides for the renewal of assumed business names every 5 years. Authorizes the withdrawal of an assumed name. Authorizes an increase in filing fees.

LRB098 07666 JLS 37739 b






SB2251LRB098 07666 JLS 37739 b

1    AN ACT concerning business.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Assumed Business Name Act is amended by
5changing Sections 1, 3, and 3a as follows:
6    (805 ILCS 405/1)  (from Ch. 96, par. 4)
7    Sec. 1. Certificate; misrepresentation; renewals.
8    (a) No person or persons shall conduct or transact business
9in this State under an assumed name, or under any designation,
10name or style, corporate or otherwise, other than the real name
11or names of the individual or individuals conducting or
12transacting such business, unless such person or persons shall
13file in the office of and in the manner prescribed by the
14County Clerk of the County in which such person or persons
15conduct or transact or intend to conduct or transact such
16business, a certificate setting forth the name under which the
17business is, or is to be, conducted or transacted, and the true
18or real full name or names of the person or persons owning,
19conducting or transacting the same, with the post office
20address or addresses of such person or persons and every
21address where such business is, or is to be, conducted or
22transacted in the county. The certificate shall be executed and
23duly acknowledged by the person or persons so conducting or



SB2251- 2 -LRB098 07666 JLS 37739 b

1intending to conduct the business.
2    (b) Notice of the filing of such certificate shall be
3published in a newspaper of general circulation published
4within the county in which the certificate is filed. Such
5notice shall be published once a week for 3 consecutive weeks.
6The first publication shall be within 15 days after the
7certificate is filed in the office of the County Clerk. Proof
8of publication shall be filed with the County Clerk within 50
9days from the date of filing the certificate. Upon receiving
10proof of publication, the clerk shall issue a receipt to the
11person filing such certificate but no additional charge shall
12be assessed by the clerk for giving such receipt. Unless proof
13of publication is made to the clerk, the certificate of
14registration of the assumed name is void.
15    (c) If any person changes his name or his residence address
16or the address of any place of business in the county where
17such assumed name is being employed after filing a certificate,
18or if the name of a person is added to any business
19organization for which a certificate is on file, such person
20shall file an additional, duly acknowledged certificate in the
21office of the County Clerk of the county in which such person
22transacts business under an assumed name. The certificate shall
23set out the change or addition as the case may be. Such
24certificate shall also set out the post office address of the
25person. If any business organization for which such certificate
26has been filed in any county of this State shall remove its



SB2251- 3 -LRB098 07666 JLS 37739 b

1place of business to another county in this State or shall
2establish an additional location for doing business in another
3county of this State, a certificate shall be filed in the
4office of the County Clerk of such other county and notice of
5the filing of such certificate of a change or addition of a
6name shall be published and proof of publication made pursuant
7to the provisions of this section in the same manner as is
8provided for original certificates to do business under an
9assumed name.
10    (d) A foreign person or foreign entity may not use an
11assumed or fictitious name in the conduct of its business to
12intentionally misrepresent the origin or location of the person
13or entity.
14    (e) A person conducting business under an assumed name
15shall renew the certificate filed under subsection (a) every 5
16years after the initial filing. The County Clerk of the county
17in which a certificate is filed shall notify the person of the
18renewal date. Failure to renew the certificate before the
19renewal date shall result in the removal of the person's
20assumed name from the index maintained under Section 3. The
21County Clerk shall collect a fee of $25 at the time of each
23(Source: P.A. 91-906, eff. 1-1-01.)
24    (805 ILCS 405/3)  (from Ch. 96, par. 6)
25    Sec. 3. The several County Clerks of this State shall keep



SB2251- 4 -LRB098 07666 JLS 37739 b

1an alphabetical index of all persons filing certificates
2pursuant to Sections 1 and 2, and for the indexing and filing
3of such certificate shall receive a fee established by the
4County Clerk in an amount not exceeding $50 of $5.00. A copy of
5such certificate and receipt for proof of publication, duly
6certified to by the County Clerk in whose office the
7certificate is filed, shall be presumptive evidence in all
8courts of law in this State of the facts therein contained.
9(Source: P.A. 85-186.)
10    (805 ILCS 405/3a)  (from Ch. 96, par. 6a)
11    Sec. 3a. Any person who has executed and filed the
12certificate required by Section 1 or 2 of this Act and who
13wishes to withdraw his name from the business organization
14shall have the certificate cancelled in whole or in part by
15filing in the office of the County Clerk where the certificate
16is filed, a supplementary certificate under oath, showing that
17such person or persons have ceased doing business under the
18assumed name, or that the person or persons executing the
19supplementary certificate have no further connection with or
20financial interest in the business carried on under such
21assumed name; whereupon the County Clerk shall note opposite
22the trade name theretofore registered, the word "cancelled" and
23the date of cancellation, or, in the case of withdrawal only of
24one or more but less than all of the registrants, the clerk
25shall note the word "Withdrawn" after the name of each party



SB2251- 5 -LRB098 07666 JLS 37739 b

1filing the supplementary certificate indicating the
2withdrawal, together with the date of such withdrawal. When
3such withdrawal effectuates any change in or transfer of the
4ownership of 25% or more of the total ownership interest in any
5such business organization doing business under an assumed
6name, then notice of the filing of such certificate shall be
8    A For filing a certificate noting the cancellation or
9withdrawal of one or more names, the County Clerk shall collect
10receive a fee of $25 from any person who cancels a filed
11certificate, withdraws a name, or otherwise amends the
12certificate $1.50.
13    Where a person files a certificate pursuant to Section 1 or
142 setting out a change of his name, or that his name is an
15addition to an organization doing business under an assumed
16name which has previously been registered, the County Clerk
17shall note on the index of such person's name the word
18"changed" or "addition" as the case may be.
19(Source: Laws 1963, p. 2997.)