How to Get a DBA Name in Illinois | A Step-By-Step Guide

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Get a DBA Name in Illinois

Have you ever wondered how to get a DBA for your Limited Liability Company? If you have, then you are on the right page. Doing Business As (DBA) names, also known as trade names, fictitious names, or assumed names, are an essential aspect of businesses in Illinois. A DBA name allows companies to operate under a name different from their legal business name since it is important for branding, marketing, and legal purposes. In this article, we will provide a comprehensive guide to getting a DBA name in Illinois.

Through thorough research and market study, Webinarcare Editorial Team will help you learn about the DBA name. It would be best to cross-check all the factors before obtaining one for your Illinois business.

How to Get a DBA Name in Illinois

What is a DBA Name?

A DBA (Doing Business As) name in Illinois is a name under which a business operates that is different from its legal name. It is also known as a trading, fictitious, or assumed name. A DBA name allows companies to start a limited liability company in Illinois, and market themselves under a separate name from their legal business name. Registering a DBA name in Illinois, provides businesses with branding, marketing, and legal benefits while also helping to prevent other businesses from using the same or a similar name within the state.

Example of a DBA

A DBA (Doing Business As) example can be illustrated through a fictional scenario involving a sole proprietor named John Smith. Let’s say John owns a bakery business and wants to operate it under a different name rather than using his name.

Legal Business Name: John Smith (sole proprietor)

DBA Name: Sweet Treats Bakery

In this case, John would register “Sweet Treats Bakery” as his DBA name. By doing so, he can legally conduct his bakery business using the name “Sweet Treats Bakery” for branding, marketing, and legal purposes, instead of using his name, John Smith. This allows John to establish a professional identity for his bakery and distinguish it from other businesses.

If you start an LLC in Illinois, registering a DBA name is important when it comes to remembering your business. However, it is best to consult with a legal professional before you begin registering your DBA name. This is to ensure that your business name is available in Illinois.

– WEBINARCARE EDITORIAL TEAM

How to Get a DBA Name in Illinois

Starting a business in Illinois can be exciting and challenging. One crucial step in establishing your business’s identity is choosing and registering a Doing Business As (DBA) name. Here are the steps to get a DBA in Illinois.

Step 1: Choose a Unique and Appropriate Name

The first step in registering a DBA name is selecting a unique and appropriate name for your business. Your chosen name should be easy to remember and represent your business’s products or services. 

Consider the following tips when choosing a DBA name in Illinois:

  • Avoid using names too similar to existing businesses, as this may lead to confusion and potential legal issues.
  • Stay away from names that may be considered offensive or misleading.
  • Research Illinois naming requirements, as some have specific restrictions on what words and phrases can be included in a business name. 

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Step 2: Conduct a Name Search

Once you have chosen a suitable name for your business, conducting Illinois Business Name Search is essential to ensure the name is not already used. In Illinois, they have an online business name database that you can search, usually found on the Illinois Secretary of State Corporation/LLC Search. Sometimes, you may also need to check with your local county clerk’s office to ensure the name is not already used at the county level.

If your chosen name is already in use, select a different name and repeat the search until you find an available name.

Step 3: Register the DBA Name

After confirming that your chosen name is available, the next step is registering your DBA name with the appropriate state or county agency. In Illinois, you will need to complete a DBA registration form, which can often be found on Illinois Secretary of State website. Illinois may require additional documentation, such as proof of business ownership or a business license in Illinois.

When filling out the registration form, provide accurate and complete information. Any errors or omissions may lead to delays in processing or even the rejection of your application.

Step 4: Pay the Registration Fee

A fee is typically associated with registering a DBA name. In Illinois, there are three methods, online, by mail, and in person filing. The cost of filing a DBA is $50. Sometimes, there may be separate fees for Illinois DBA registrations. Be prepared to pay these fees when submitting your registration form.

Step 5: Publish a Notice of Your New DBA Name

Illinois requires you to publish a notice of your new DBA name in a local newspaper. This step will inform the public of your intention to operate under a fictitious name. 

The notice must typically include your DBA name, legal business name, business address, and owner’s name. You may need to provide proof of publication to Illinois or the county agency responsible for DBA registrations.

Step 6: Obtain Any Necessary Permits or Licenses

Depending on your Illinois business’s nature and location, you may need additional permits or licenses to operate under your DBA name.

The permits and licenses required for your business will depend on your business’s nature, location, and local and state regulations. Here are some common types of permits and licenses that might be required when operating under a DBA:

  • Business License: A general business license may be required in Illinois to operate your business legally. This license ensures your business meets local zoning, safety, and regulatory requirements. In Illinois, the costs of obtaining a business license range from $50 – $300.
  • Sales Tax Permit: If your business sells taxable goods or services, you may need a Sales Tax Permit from Illinois Department of Revenue.
  • Professional Licenses: Depending on your business type, you may need specific professional licenses or certifications. For example, if you are operating a restaurant, you may need a food handler’s permit; if you offer professional services such as accounting or legal services, you may need a professional license from Illinois state board. DBA filing requires professional licenses if you operate under a General Partnership in Illinois. 
  • Health and Safety Permits: Businesses in certain industries, such as food service, may require health and safety permits to ensure compliance with state and local regulations.
  • Zoning Permits: Depending on your business location and the type of business you are operating, you may need a zoning permit from your local planning or zoning department.
  • Environmental Permits: If your business involves activities that could impact the environment, you may need permits from Illinois state or federal environmental agencies.

Step 7: Renew Your DBA Registration as Needed

In Illinois, you are required to renew your DBA registration periodically. This renewal process may involve completing a renewal form, paying a renewal fee, and sometimes republishing the notice of your DBA name. Stay up-to-date with your state’s renewal requirements to maintain your DBA name and avoid penalties.

Maintaining the DBA Name

Once your DBA name is registered and published, it is essential to maintain it to remain in good standing with Illinois. Here are some important aspects to consider:

  • Renewal or Expiration: Depending on Illinois’s regulations, your DBA name registration may expire or need to be renewed periodically. Keep track of these deadlines to avoid losing your DBA name.
  • Updating Business Information: If your business undergoes significant changes (such as a change in ownership or address), you may need to update your DBA name registration with the appropriate agency.
  • Canceling or Discontinuing the DBA Name: If you decide to stop using your DBA name or close your business, notify the appropriate agency and follow any required procedures for canceling or discontinuing the name.

Is a DBA in Illinois the same as a Trade Name?

Yes, in Illinois, a DBA (Doing Business As) is the same as a trading name. Both terms refer to a name under which a business operates differently from its legal name. A DBA or trade name allows companies to conduct business and market themselves using a different name from their legal business name. Other terms for DBA or trade name include fictitious name and assumed name. Registering a DBA or trade name in Illinois may vary depending on the type of business and the state’s specific regulations.

Do I need to register my Illinois DBA in the Internal Revenue Service?

No, you do not need to register your DBA (Doing Business As) name in Illinois with the Internal Revenue Service (IRS). The registration of a DBA is typically done at the state or local level, depending on the specific regulations of Illinois. The IRS is not involved in the DBA registration process.

However, once your DBA is registered in Illinois, you may need to obtain an Employer Identification Number (EIN) in Illinois from the IRS if your business has employees, operates as a corporation or partnership, or meets certain tax-filing requirements.

Do I need to file for a DBA if I already have Illinois Registered Business Name?

If you already have a registered business name in Illinois and you plan to conduct business using that exact name, you do not need to file for a DBA (Doing Business As). A DBA is required when a business wants to operate under a name different from its legal business name. 

However, you must file for a DBA if you have a registered business name and wish to conduct business under a different name. This applies to sole proprietorships, partnerships, limited liability companies (LLCs), and corporations that intend to use a name other than their legally registered name.

FAQs

What is a DBA name?
DBA stands for “doing business as” and is an alias or trade name for your business that is different than the legal name.
Can I use my personal name as a DBA in Illinois?
Yes, you can use your personal name as a DBA name in Illinois.
Does Illinois require a DBA?
No, the state of Illinois doesn’t require you to obtain a DBA to operate a business under a name other than your legal name.
How do I start a DBA in Illinois?
You can file a DBA with the County Clerk’s Office in the county your business is located in Illinois if your business is an unincorporated association or a sole proprietorship.
How much does it cost to get a DBA in Illinois?
The fees for getting a DBA in Illinois vary by county ranging from $5 – $100.
What documents do I need to file for my DBA in Illinois?
You need to file a “Certificate of Assumed Name” with the County Clerk in the county where your business is based in Illinois.
How often do I need to renew my DBA name in Illinois?
You need to renew your DBA name registration every 5 years in Illinois.
Can multiple people use one DBA name in Illinois?
Yes, multiple people can use one DBA name in Illinois.
Can I change my DBA name in Illinois?
Yes, you can change your DBA name by filing another “Certificate of Assumed Name” with the County Clerk’s Office.
Do I need a lawyer to get a DBA in Illinois?
No, a lawyer isn’t required to get a DBA in Illinois.
Can I get a DBA in Illinois without a registered agent?
Yes, you can operate a business under a DBA name in Illinois without a registered agent.
How long does it take to get a DBA in Illinois?
The time it takes to register a DBA in Illinois can be between a few hours and a few days.
What is an assumed name in Illinois?
An assumed name is a DBA or trade name used in Illinois by a business that’s not similar to the legal name.
Can I trademark a DBA name in Illinois?
Yes, you can register a federal trademark for your DBA name in Illinois.
Will getting a DBA name in Illinois protect my business name?
No, getting a DBA name in Illinois doesn’t give you exclusive legal rights to that name.
Can I change my mailing address if I have a DBA in Illinois?
Yes, you can change your mailing address for your DBA in Illinois at any time.
Do I need a tax ID number to get a DBA in Illinois?
No, you don’t need a separate tax ID number to get a DBA in Illinois.
Can I use my DBA in other states, not just Illinois?
Yes, you can use your DBA name in other states as long as it’s not already registered.
Can I get a DBA name online in Illinois?
Unfortunately, the state of Illinois doesn’t allow online filing for DBAs. You have to file a “Certificate of Assumed Name” in-person or by mail.
Do I need to publish my DBA name in Illinois?
No, you’re not required to publish your Illinois DBA name in any legal or local publication.
How can I search for an available DBA name in Illinois?
Illinois doesn’t have a searchable database for available DBA names, but you can check the County Clerk’s Office in your area for name availability.
Can I operate a business in Illinois without a registered business name or DBA?
Yes, you can operate your business under your legal name in Illinois without getting a DBA name.
How do I cancel my DBA in Illinois?
You just need to file a cancellation certificate with the County Clerk’s Office where you filed your DBA in Illinois.
What happens if someone else uses my DBA name in Illinois?
If someone else uses your DBA name in Illinois, you could file a lawsuit for trademark infringement.
Can a corporation have a DBA name in Illinois?
Yes, a corporation can get a DBA name in Illinois.
Does the state of Illinois require a DBA name to obtain a business license or permit?
No, Illinois doesn’t require a DBA name to obtain business licenses or permits.
How do I know if my chosen DBA name is permissible in Illinois?
To find out if your DBA name is permissible in Illinois, you can search the Illinois Secretary of State business database and/or the Illinois Name Availability system.
How can I dissolve my DBA name in Illinois?
You just need to file a cancellation certificate with the County Clerk’s Office where you filed your DBA in Illinois if you want to dissolve your DBA name.
What is a DBA in Illinois?
“DBA” stands for “Doing Business As” and it’s how a business can operate and represent itself under a different name in Illinois.
How do I register my DBA Illinois?
You’ll need to file a certificate of assumed name with the Illinois Secretary of State to register your DBA in Illinois.
Where do I file my DBA in Illinois?
You can send the Certificate of Assumed Name to the Illinois Secretary of State or file it in person at the office of your county clerk.
How long does it take to register a DBA in Illinois?
The typical processing time to officially register your DBA in Illinois is around 7-14 days after your filing is submitted.
Can I register my DBA online in Illinois?
Yes, it is possible to file your DBA online with the Illinois Secretary of State by using their CyberDrive tool.
Do I need a lawyer to register my DBA?
No, hiring a lawyer is not required to register a DBA, but it can certainly help if you think you might need legal advice on your business.
How long does a DBA last in Illinois?
Your DBA will generally remain in effect until the registrant discontinues the use of the business name, or if you receive a Notice to DIforget naming to resolve any issues.
Can I use my DBA name in another state?
The process can vary amongst the states when it comes to using a DBA name registered in other states – you may need to file a foreign registration.
Can someone else use the same DBA name as me in Illinois?
It’s generally not advisable for another company to use the same DBA name as your company in Illinois, as it can cause significant legal, financial and marketing challenges for both entities and confusion among customers.
Can I change my DBA name?
Yes, you may change your DBA name by filing an amendment – Your original DBA name and ID number will appear on the record along with the new name.
Do I need a Federal Tax ID number or EIN for my DBA?
You can typically use your Social Security number in place of an EIN for a company with a DBA, but it’s best to contact a tax professional for specific advice on the best course of action.
May I add or remove partners to a DBA in Illinois?
No, a DBA will get dissolved as soon as the owners’ business ownership in a Registered IL Company undergoes a change to a new partner or owner.
Are DBAs filed with the Illinois attorney general?
No, filing your DBA doesn’t require notifying the attorney general office in Illinois.
What constitutes an “assumed name” in Illinois?
An assumed name is when a person or entity uses any name other than the real person or entity’s registered name when conducting business.
What happens if I forget to renew my DBA in Illinois?
Your DBA will expire if you do not file for a renewal before the end expiration date, after which a new filing would be required if you wish to continue operating it.
Can I cancel my DBA in Illinois via email?
No, you can’t cancel your DBA via e-mail – you have to file withdrawal or dissolution document.
Who retains ownership of a DBA in Illinois?
Individuals carry out the ownership of DBA in Illinois – and can typically assign specific ownership rights to whoever they convey benefit.
Do I have to do keep a separate set of books for my DBA?
Though it’s not generally mandated legally in Illinois to keep separate accounting records of company sales made using any assumed business name, doing so could be beneficial down the road if any legal questions may arise.
Can I use my business bank account with my DBA trade name?
In most cases, it is possible and fine to use a traditional business bank accounts that’ve been established under your initial Registered Company Name to monitor your DBA sales and transactions as well – It is also recommended to corresponding tax records and financial ledgers to have the concerns in order.
Do I lose my reserved business name if I file a DBA?
No, the process of filing DBA allows your business to operate with single-specifics but the legally registered company name will remain with whoever had registered first.
How often should I renew my DBA name in Illinois?
Under Illinois’s state requirements, initial DBAs filed online or in person would have a 5-year expiration day from the passing of the certification, after which points must be renewed for an additional 5-year cycle periodized renewal of the trade name name.
How can I tell if the DBA name is already taken?
You can search the Illinois Secretary of State’s online database or contact their office for checking/searching available name listings.
How many DBAs can one business have in Illinois?
A specific business may register multiple DBAs, names provided that each assumed business name meets the minimum requirements of issuing an independent application process as indicated by law.
Do I need to register a DBA for a sole proprietorship in Illinois?
Registering a DBA with IDOR is not mandatory in cases of sole proprietorships Business making use of an officially generated personal name, and straightforward but consider Professional (legal) Advice on determining qualifications for the action.
Can I get a DBA as an LLC in Illinois?
Yes, an LLC is eligible for operating with DBA In Illinois although other requirements must adhere to.
Can I trademark a DBA in Illinois?
You may be able to legally trademark a DBA, depending on your unique circumstances around the registration of expenses.
Can two businesses operate under one DBA in Illinois?
No, Illinois doesn’t allow dual operation of separate ventures under one certificate of assumed name in any aspect – every individual/company would submit individual assurance documents.
How do I know if a DBA name is required in Illinois?
Your business must look over Illinois state regulations to see if changing business name circumstantially for conducting under an alternative operation name seem unnecessary(if filing a DBA isn’t necessary).
Is a DBA the same in all states?
The process behind registering your DBA may slightly differ and can fluctuate state-to-state and dictated by different government districts/licenses and even by county to county or municipality-province; namely its references on other systems such as licensing boards, or Attorney Generals.

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Conclusion

Getting a DBA name in Illinois is crucial for many businesses, providing branding, marketing, and legal benefits. By following the steps outlined in this comprehensive guide, you can successfully register a DBA name in Illinois and enhance your business’s credibility and recognition in the market. Remember to stay up-to-date with Illinois’s rules and regulations surrounding DBA names, and maintain your registration to ensure your business remains compliant.

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