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Registration of Assumed Names—d/b/a


Q.
Who must file?
A.
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 at 217-782-7880, not the county clerk, for information. For any other information concerning an assumed name business, please call 800-252-2923.
Q.
What is the procedure?
A.

The assumed name certificate must be completed printing the name and physical address (not PO box) of the business, and the names and physical home addresses of all owners/partners in the business.

Applications by fax and email 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, 50 W. Douglas St., Suite 500, Freeport, IL, along with a $5.00 filing fee (please make check payable to Stephenson County Clerk). At said time, the clerk's office will issue a notice for publication to the applicants.

The assumed name publication notice must be taken to a general circulation Stephenson County newspaper 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.

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.

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.

Q.
What if there are changes in the business information?
A.

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 or a change of the business address.

Most of these procedures can be accomplished by mail to the County Clerk's Office, 50 W. Douglas St., Suite 500, Freeport, IL 61032. If you have any questions, please call the Clerk's office at 815-235-8289.


Assumed Business Name Act

RE: 805 ILCS 405/0.01 et seq

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 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 o the assumed name is void.

Any person or persons carrying on, conducting or transacting business 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.


The State’s Attorney has advised that such publication can be made only in the Journal Standard in Freeport, or Northwestern Illinois Farmer or Village Voices in Lena.

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