All LLCs are required to perform an Illinois Secretary of State business search in order to meet certain naming standards before incorporating an LLC.
The purpose of our guide is to teach you how to find your desired LLC name and make sure that it is available for you to use in your state. Along with adhering to the Illinois Secretary of State’s standards, it is important to guarantee that the entity name you choose is solely utilized by your firm.
1. Discover the Guidelines to Name Your LLC
Before completing your Illinois business name search, we suggest that you double-check that your LLC name follows the state’s guidelines.
The first and most vital step of forming your LLC is to come up with a unique business entity name. Make sure that you select a name that meets the requirements for naming a limited liability company in Illinois.
In brief, the naming requirements go as follows:
- In the name of your entity, you must use the abbreviations (LLC or L.L.C.) or "limited liability company."
- It is crucial to avoid causing misunderstandings between your LLC and governmental organizations such as the Treasury when naming your firm.
- If you want to include restricted terms in your company name, such as Bank or Attorney, you may be needed to submit additional paperwork or hire the services of a licensed professional, such as a lawyer.
For more information, see the complete list of company naming requirements in Illinois here.
2. Do an Illinois LLC Name Search
Before submitting your name reservation request, we suggest you perform an Illinois LLC name check using the Illinois LLC Name Search.
To perform an effective Illinois LLC lookup, enter the desired name, omitting identifiers such as “LLC.” Thus, this will showcase all the local businesses holding similar names as the one you opt to use.
If your company name consists of more than one word, you may limit your search to the first two words to guarantee that you find all potential comparable names.
What To Do If Your Preferred Name Is Unavailable
So you searched the Illinois Company Entity Records and the Illinois Secretary of State’s business database, and there it was: your fictitious name was already in use. So, what are you going to do now?
If you register your LLC in Illinois, your sole option is to develop new legal names. It is critical to remember that your name should not look to be too similar to the one you previously chose. After you’ve selected an LLC name that fits the Secretary of State’s requirements, reserve it as soon as possible.
For foreign business organizations, the procedure may become more challenging.
While your LLC may be already known by its name in other states, you may be unable to use it in Illinois due to name availability. As a result, you’ll need to come up with a “fictitious name,” or one that you can only use in the state.
3. Choose a Web Domain Name
Another aspect to take into account before forming an LLC is finding a domain name that matches your chosen business name. This is a small but critical step. You must guarantee that potential customers may quickly find your firm through a simple search.
You may also search the list of available domain names on popular domain registrars such as GoDaddy for a URL that compliments your chosen LLC name.
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4. Reserve Your LLC Name in Illinois
All LLC name questions and requests are handled by the Secretary of State of Illinois. An entity name can be reserved for up to 90 days.
You must make an application by mail to reserve a company name. To avoid rejection, perform a thorough search before submitting your application. You must pay a filing fee while reserving your name. Checks should be made out to Illinois’ Secretary of State.
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Additional Considerations
While reserving an LLC name is simple, there are additional factors that should be taken into account while coming up with your company name. Our team suggests that you conduct a Trademark and Social Media search before finalizing your LLC name to determine whether it is accessible for usage online. Thus, this step will assist you in making sure that you are eligible to use your desired company name.
Trademark Search
Before registering your business name and associated slogans or emblems, conduct a trademark search to avoid potentially costly lawsuits. Finding out that another entity has trademarked your desired company name does not immediately exclude you from using it.
However, it is critical to understand who is using the name, what sector they are in, and where they are situated in order to avoid unwittingly infringing on anyone’s intellectual property rights.
The steps are as follows:
- Conduct an Illinois trademark search to determine whether your company’s name or any related slogans, logos, or other identifiers are already in use by another company in your state.
- Search the electronic records of the United States Patent and Trademark Office for any federally registered trademarks linked with your business name.
Social Media Search
While finding a web domain name that matches your business name is vital, it is equally important to ensure that it is available on all social media platforms. You may search for your company’s name on all major social networks and use a tool like Namecheckr to scan the name across all platforms simultaneously.
Conclusion
The first and most important step in forming an LLC in Illinois is deciding on a name. You may proceed as long as the name is acceptable and distinguishable from the other business entities in the state.
After conducting an Illinois Business Entity Search and deciding on an LLC name, you may want to choose a domain name that matches it to help your clients find your company online.
You may distinguish yourself from the competition by completing the Illinois LLC name reservation form. Securing your chosen business entity name might help you with the following stages in establishing your company in Illinois.
- Come up with your Illinois LLC name. The LLC name you choose must comply with Illinois’ Secretary of State’s naming rules and regulations.
- Choose a registered agent. All Illinois businesses must assign an agent who administers the serving of process. You can choose a person or an organization that is willing to take responsibility for legal papers on behalf of your LLC.
- File Articles of Organization. You can form an LLC by submitting Form LLC-5.5, Articles of Organization, to the Illinois Secretary of State Department of Business Services, which will cost you $150. You can submit the articles either online or via mail.
- Prepare an Operating Agreement. This is a document that outlines how the LLC will function, how it will be administered, and each employee’s rights and responsibilities.
- Get an EIN. An EIN is a nine-digit number provided by the Internal Revenue Service (IRS) to businesses to assist them to be identified for taxation purposes. You may get an EIN by filling out an online application on the IRS website. There are no filing costs.
- Submit annual reports. All Illinois LLCs must file an annual report with the Secretary of State. Each year, the report is due on the first day of the LLC’s anniversary month.
In order to meet the Secretary of State’s naming requirements, the name of your LLC must include:
- Limited Liability Company
- LLC
- L.L.C.
Your company’s name must not include terms that suggest that it was founded for a reason other than that stated in its articles of incorporation.
You must submit Articles of Amendment with the Illinois Secretary of State’s Department of Business Services, Limited Liability Division to change your Articles of Organization for an Illinois LLC. This will cost you $50.
To check Illinois LLC name availability, you may use the Illinois LLC Search tool. For a preliminary name availability screening, you can consider calling the Illinois Secretary of State at (217) 524-8008.
- The filing fee for the Articles of Organization with the Illinois Secretary of State is $150.
- To make an Illinois LLC name reservation, it will cost you $25.
- The annual report will cost you $75.
Like many states, renewing your LLC name in Illinois is not necessary. Your initially-written Articles of Organization may need to be updated as your LLC grows. These adjustments are often done by submitting the Illinois Articles of Amendment.
According to the Secretary of State’s policies, all businesses must register alternative trade names by registering for a DBA if they intend to operate under a name other than the one used when they were created. Any name other than the owner’s legal name must be registered in the event of a sole proprietorship.
What's Next?
Now that you have your entity name, it's time to take the next steps to establish your Illinois LLC. Check out our full guide on how to form an LLC in Illinois, where we can guide you every step of the way.
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