Key Takeaways

  • The Illinois Secretary of State oversees all LLC filings, including name reservations, Articles of Organization, and annual reports.
  • Forming an LLC in Illinois costs $150 for the Articles of Organization, plus an optional $100 expedited fee.
  • LLCs must appoint a registered agent who resides in Illinois or is authorized to conduct business in the state.
  • Annual reports must be filed with the Secretary of State by the first day of the LLC’s anniversary month.
  • An Illinois Operating Agreement is strongly recommended to define ownership and management responsibilities.

With the Secretary of State, Illinois LLC members can secure their company's name and file their Articles of Organization. The Illinois Secretary of State plays an essential role in the process of starting a new business in the state. Business owners can visit the Illinois Secretary of State website to learn about ongoing state requirements to maintain a business in Illinois.

Naming Your New LLC

Naming your LLC is a vital step in forming your new company and should be one of the first things you do. You'll want to be sure your chosen name is a good fit for your company and can be easily found by potential customers. While considering names for your company, it's important to understand that the name you choose must be easy to distinguish from any other business name on file with the Secretary of State. You can do this by running a name search against their online database.

Once you have run a name search, if the name you intend to use is not found, this means no other company is using it, so it may be available. This is not a guarantee that the state will approve your proposed name, however. The database search is a great first step, but a final determination will be made by the office of the Secretary of State. You can also call the Secretary of State at 217-524-8008 to check the availability of a name or email the office directly. Keep in mind that checking availability in this way will require that you pay an expedited processing fee.

Once you have determined the availability of your chosen company name, you'll need to submit one of the following Name Reservation forms:  

  • Business corporations need to file a BCA-4.10 form.  
  • Non-profit corporations need to file an NFP-104.10 form.  
  • Limited liability companies need to file an LLC-1.15 form.

The steps required to form an LLC in Illinois include the following:

  • Run a name search to make sure your company name is available.
  • Verify the availability of possible domain names for your company and buy your target domain to keep somebody else from getting it.

The second step is important even if you're not planning to launch a website right away. It is not uncommon for un-acquired potential business domains to be purchased. When this happens, it's a good bet that a "domain flipper" has purchased it and will want you to pay more than you would have otherwise to obtain it for yourself. You may also want to think about potential business email addresses when looking at domain names.

How to Reserve and Register Your LLC Name in Illinois

Before filing your Articles of Organization, you may reserve your desired LLC name through the Illinois Secretary of State. You can complete this step online or by mailing Form LLC-1.15 (Application to Reserve a Name). The reservation holds your name for 90 days and costs $25.

To ensure compliance, your chosen name must:

  • Include “Limited Liability Company,” “LLC,” or “L.L.C.”
  • Be distinguishable from existing registered business names in Illinois.
  • Avoid terms like “Corporation” or “Incorporated,” which may mislead the public.

You can use the Secretary of State business entity search tool to confirm name availability before filing. The same database can be used later to verify active LLCs or check business contact information.

Choosing a Registered Agent

In the state of Illinois, limited liability companies need to nominate a registered agent. Your registered agent does not have to be a person; it can be any individual or business entity who agrees to interact with outside entities for your company. Your registered agent does, however, have to be either a state resident or a business that is authorized to operate within state limits. Any member of the organization can be elected as the registered agent, including you.

Illinois Registered Agent Requirements and Responsibilities

Every LLC must maintain a registered agent with a physical address in Illinois (P.O. boxes are not permitted). The registered agent accepts legal documents, compliance notices, and service of process on behalf of the company.

Eligible registered agents include:

  • An individual Illinois resident, or
  • A business entity authorized to operate in Illinois and providing registered agent services.

If your agent changes, you must file Form LLC-1.36/1.37 (Statement of Change of Registered Agent and/or Office) with the Secretary of State and pay a $25 filing fee. Failing to maintain an active agent can result in administrative dissolution of the LLC.

Filing Your Articles of Organization

Part of registering your new limited liability company involves filing your Articles of Organization with the office of the Secretary of State, either online, in person, or via mail. You'll need to choose whether your company will be manager- or member-managed when you file your Articles of Organization.

When filing your Articles of Organization for an LLC in the state of Illinois, you'll be asked to pay a $150 filing fee. If you'd like to speed the process along, an additional $100 expedited fee will be required. All payments need to be made via one of the following methods:  

  • Certified check
  • Cashier's check
  • Illinois attorney's check
  • Money order or CPA's check

Payments should be made out to the Secretary of State.

Illinois Secretary of State LLC Filing Details

When filing your Articles of Organization (Form LLC-5.5), you’ll provide information including:

  • LLC name and principal office address
  • Registered agent’s name and address
  • Management structure (member-managed or manager-managed)
  • Effective date of formation

The $150 filing fee applies whether you file online, by mail, or in person. Expedited processing costs an additional $100, typically resulting in a 24-hour turnaround.

Once filed, the Secretary of State issues a Certificate of Organization, confirming your LLC’s legal status in Illinois. Keep this certificate with your company records for banking, licensing, and compliance purposes.

Creating an Operating Agreement

While having an Operating Agreement isn't a requirement for LLCs in the state of Illinois, it's still a good idea to have one in place. This is a legally binding document that outlines things like company ownership and established operating procedures. If you're not familiar with Operating Agreements, it would serve you well to do some research in this area.

Maintaining Compliance with the Illinois Secretary of State

After formation, your LLC must remain in good standing with the Illinois Secretary of State by completing the following tasks:

  1. File an Annual Report:
    • Due by the first day of your LLC’s anniversary month.
    • Filing fee: $75.
    • Late filings incur a $100 penalty.
    • Can be submitted online via the Secretary of State’s Business Services portal.
  2. Keep Your Registered Agent Information Current:
    • Any change must be promptly reported to avoid penalties.
  3. Renew Business Licenses and Permits:
    • Depending on your industry and locality, additional permits may be required through municipal or state agencies.
  4. Foreign LLC Registration:
    • Out-of-state LLCs doing business in Illinois must file an Application for Admission to Transact Business (Form LLC-45.5) and pay a $150 filing fee.

Maintaining compliance ensures your Illinois LLC remains active and protected under state law.

Contacting the Illinois Secretary of State

For assistance, you can reach the Illinois Secretary of State, Department of Business Services at:

  • Address: 501 S. Second St., Room 351, Springfield, IL 62756
  • Phone: (217) 782-6961
  • Email: [email protected]
  • Website: https://www.ilsos.gov

The Business Services Division can help with filing questions, name reservations, or updates to your LLC records.

Frequently Asked Questions

  1. How much does it cost to form an LLC with the Secretary of State in Illinois?
    The filing fee is $150, plus an optional $100 expedited processing fee.
  2. How long does it take to form an LLC in Illinois?
    Online filings are usually processed within 1–2 business days, while mail filings can take up to two weeks.
  3. Do I need an operating agreement for my Illinois LLC?
    It’s not required but strongly recommended to define roles, profit distribution, and procedures.
  4. What happens if I don’t file my annual report?
    Failure to file your annual report on time can result in a $100 penalty and administrative dissolution.
  5. Can I act as my own registered agent in Illinois?
    Yes, if you have a physical Illinois address and are available during normal business hours to receive legal correspondence.

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