(805 ILCS 405/0.01) (from Ch. 96, par. 3m)
Sec. 0.01.
Short title.
This Act may be cited as the
Assumed Business Name Act.
(Source: P.A. 86-1324.)
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(805 ILCS 405/1) (from Ch. 96, par. 4)
Sec. 1.
Certificate; misrepresentation.
No person or persons shall
conduct or transact
business in this
State under an assumed name, or under any designation, name or style,
corporate or otherwise, other than the real name or names of the individual
or individuals conducting or transacting such business, unless such person
or persons shall file in the office of the County Clerk of the County in
which such person or persons conduct or transact or intend to conduct or
transact such business, a certificate setting forth the name under which
the business is, or is to be, conducted or transacted, and the true or real
full name or names of the person or persons owning, conducting or
transacting the same, with the post office address or addresses of such
person or persons and every address where such business is, or is to be,
conducted or transacted in the county. The certificate shall be executed
and duly acknowledged by the person or persons so conducting or intending
to conduct the business.
Notice of the filing of such certificate shall be published in a
newspaper of general circulation published within the county in which the
certificate is filed. Such notice shall be published once a week for 3
consecutive weeks. The first publication shall be within 15 days after the
certificate is filed in the office of the County Clerk. Proof of
publication shall be filed with the County Clerk within 50 days from the
date of filing the certificate. Upon receiving proof of publication, the
clerk shall issue a receipt to the person filing such certificate but no
additional charge shall be assessed by the clerk for giving such receipt.
Unless proof of publication is made to the clerk, the certificate of
registration of the assumed name is void.
If any person changes his name or his residence address or the address
of any place of business in the county where such assumed name is being
employed after filing a certificate, or if the name of a person is added to
any business organization for which a certificate is on file, such person
shall file an additional, duly acknowledged certificate in the office of
the County Clerk of the county in which such person transacts business
under an assumed name. The certificate shall set out the change or addition
as the case may be. Such certificate shall also set out the post office
address of the person. If any business organization for which such
certificate has been filed in any county of this State shall remove its
place of business to another county in this State or shall establish an
additional location for doing business in another county of this State, a
certificate shall be filed in the office of the County Clerk of such other
county and notice of the filing of such certificate of a change or addition
of a name shall be published and proof of publication made pursuant to the
provisions of this section in the same manner as is provided for original
certificates to do business under an assumed name.
A foreign person or foreign entity may not use an assumed or fictitious
name in the conduct
of its business to intentionally misrepresent the origin or location of the
person or entity.
(Source: P.A. 91-906, eff. 1-1-01.)
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(805 ILCS 405/1a) Sec. 1a. Home-based businesses. A person conducting or transacting business under an assumed name at his or her personal residence may list the county clerk, along with the address of the county clerk, of the county of his or her personal residence as the default agent for service of process to meet the publication requirements of this Act if all of the following conditions are met: (1) The person reasonably believes that publishing | ||
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(2) The form is accompanied by a court order or | ||
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(3) The person provides the address of his or her | ||
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The county clerk has a duty to notify the business when the county clerk has been served with process on behalf of the business. The county clerk may charge a nominal fee for performing this service. The county clerk shall provide a check box on its form for a confidential address request and room for the explanation for the request.
(Source: P.A. 101-475, eff. 1-1-20.) |
(805 ILCS 405/2) (from Ch. 96, par. 5)
Sec. 2.
Persons conducting such business or any business under an assumed
name who have prior to August 16, 1963 changed their names or whose names
are additions to a business organization conducting business under an
assumed name, for which a certificate has previously been filed, shall file
another certificate setting out the change in their names or that their
names are additions to a business already in operation and every address
where such business is conducted or transacted in the county within 30 days
after August 16, 1963.
(Source: P.A. 76-893.)
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(805 ILCS 405/3) (from Ch. 96, par. 6)
Sec. 3.
The several County Clerks of this State shall keep an alphabetical
index of all persons filing certificates pursuant to Sections 1 and 2,
and for the indexing and filing of such certificate shall receive a fee of
$5.00. A copy of such certificate and receipt for proof of publication,
duly certified to by the County Clerk in whose office the certificate is
filed, shall be presumptive evidence in all courts of law in this State of
the facts therein contained.
(Source: P.A. 85-186.)
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(805 ILCS 405/3a) (from Ch. 96, par. 6a)
Sec. 3a.
Any person who has executed and filed the certificate required by
Section 1 or 2 of this Act and who wishes to withdraw his name from the
business organization shall have the certificate cancelled in whole or in
part by filing in the office of the County Clerk where the certificate is
filed, a supplementary certificate under oath, showing that such person or
persons have ceased doing business under the assumed name, or that the
person or persons executing the supplementary certificate have no further
connection with or financial interest in the business carried on under such
assumed name; whereupon the County Clerk shall note opposite the trade name
theretofore registered, the word "cancelled" and the date of cancellation,
or, in the case of withdrawal only of one or more but less than all of the
registrants, the clerk shall note the word "Withdrawn" after the name of
each party filing the supplementary certificate indicating the withdrawal,
together with the date of such withdrawal. When such withdrawal effectuates
any change in or transfer of the ownership of 25% or more of the total
ownership interest in any such business organization doing business under
an assumed name, then notice of the filing of such certificate shall be
published.
For filing a certificate noting the cancellation or withdrawal of one or
more names, the County Clerk shall receive a fee of $1.50.
Where a person files a certificate pursuant to Section 1 or 2 setting
out a change of his name, or that his name is an addition to an
organization doing business under an assumed name which has previously been
registered, the County Clerk shall note on the index of such person's name
the word "changed" or "addition" as the case may be.
(Source: Laws 1963, p. 2997.)
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(805 ILCS 405/3b)
Sec. 3b.
Locale misrepresentation.
(a) A person shall not advertise or cause to be listed in a telephone
directory an assumed or fictitious business name that intentionally
misrepresents where the business is actually located or operating or falsely
states that the business is located or operating in the area covered by the
telephone directory.
This subsection (a) does not apply to a telephone service provider or
to the publisher or distributor of a telephone service directory, unless the
conduct prescribed in this subsection (a) is on behalf of that telephone
service provider or that publisher or distributor.
(b) This Section does not apply to any foreign person or foreign entity that
has gross annual revenues in excess of $100,000,000.
(c) A foreign limited partnership that violates this Section is guilty of
a petty offense and must be fined not less than $501 and not more than $1,000.
A foreign limited partnership is guilty of an additional offense for each
additional day in violation of this Section.
(Source: P.A. 91-906, eff. 1-1-01.)
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(805 ILCS 405/4) (from Ch. 96, par. 7)
Sec. 4.
This Act shall in no way affect or apply to any corporation,
limited liability company, limited partnership, or limited liability
partnership duly
organized under the laws of this State, or any corporation, limited liability
company, limited partnership, or limited liability partnership
organized under
the laws of any other State and lawfully doing business in this State, nor
shall this Act be deemed or construed to prevent the lawful use of a
partnership name or designation, provided that such partnership shall
include the true, real name of such person or persons transacting said
business or partnership nor shall it be construed as in any way affecting
subdivision (a)(8) or subsection (c) of Section 17-2 of the Criminal Code of 2012.
This Act shall in no way affect or apply to testamentary or other express
trusts where the business is carried on in the name of the trust and such
trust is created by will or other instrument in writing under which title
to the trust property is vested in a designated trustee or trustees for the
use and benefit of the cestuis que trustent.
(Source: P.A. 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(805 ILCS 405/5) (from Ch. 96, par. 8)
Sec. 5.
Any person or persons carrying on, conducting or transacting business as
aforesaid, who shall fail to comply with the provisions of this Act, shall
be guilty of a Class C misdemeanor, and each day any person or persons
conducts business in violation of this Act shall be deemed a separate
offense.
A person shall be exempt from prosecution for a violation of this Act
if he is a peace officer who uses a false or fictitious business name in
the enforcement of the criminal laws;
provided such use is approved in writing by one of the following:
(a) In all counties, the respective State's Attorney;
(b) The Director of the Illinois State Police under Section
2605-200 of the Illinois State Police Law; or
(c) In cities over 1,000,000, the Superintendent of Police.
(Source: P.A. 102-538, eff. 8-20-21.)
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(805 ILCS 405/6) (from Ch. 96, par. 8a)
Sec. 6.
If a person or persons required to register hereunder do not do so
and such persons, or any of them, are unknown, civil actions may be brought
against such person or persons, by filing suit against the business under
its assumed name, naming all known owners, and designating as "unknown
owner or owners" the other person or persons transacting business under
such assumed name. A judgment rendered pursuant to this section shall be a
personal judgment against all named owners and shall, in addition, be
immediately enforceable against the property of the business and constitute
a lien upon real estate held in the name of the business. At any time prior
to satisfaction of judgment, if any, if the identity of a previously
unknown owner is discovered, such person shall be named as a party
defendant by motion to the court in which such case is pending or in which
the judgment was entered, supported by an affidavit showing that notice of
such motion has been given in the manner required for service of process
upon an individual defendant by the Civil Practice Law, as heretofore
or hereafter amended. Within 10 days after service of
such notice, the previously unknown owner may appear and defend as in other
civil cases; however, such defense shall not affect any judgment against
any other person previously entered in the suit. If the defendant does not
file an appearance within such 10 day period or if after hearing the
defendant is found to be liable, the judgment, if any, theretofore entered
in such suit shall be amended to include such person and shall at such time
become a personal judgment against such person as if he had been
individually named in the original complaint.
(Source: P.A. 82-783.)
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