Bill Text: IL SB3557 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Assumed Business Name Act. Provides that filings under the Act shall be in the manner prescribed by the County Clerk. Provides for the renewal of assumed business names every 5 years in counties with a population of more than 4,000,000 inhabitants. Authorizes the withdrawal of an assumed name. Authorizes an increase in filing fees.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3557 Detail]

Download: Illinois-2013-SB3557-Engrossed.html

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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Assumed Business Name Act is amended by
changing Sections 1, 3, and 3a as follows:
(805 ILCS 405/1) (from Ch. 96, par. 4)
Sec. 1. Certificate; misrepresentation; renewals.
(a) 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 and in the manner prescribed by 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

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intending to conduct the business.
(b) 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.
(c) 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

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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.
(d) 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.
(e) A person conducting business under an assumed name in a
county with more than 4,000,000 inhabitants shall renew the
certificate filed under subsection (a) every 5 years after the
initial filing. Certificates on record as of the effective date
of this amendatory Act of the 98th General Assembly shall be
renewed within 5 years after that effective date by a date
established by the County Clerk of the county in which the
certificate is filed. The County Clerk shall notify the person
or persons of the renewal date at least 90 days before the
renewal date. If the notice sent by the County Clerk is sent to
an address set forth in the assumed name certificate, as
amended, and the notice is returned as undeliverable at that
address, the County Clerk may at his or her discretion cancel

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that certificate. Failure to renew the certificate before the
renewal date shall result in the cancellation of the person's
assumed name in the index maintained under Section 3. The
County Clerk shall collect a fee of $25 at the time of each
renewal. By ordinance of its governing board, a county with
fewer than 4,000,000 inhabitants may adopt this subsection,
making its provisions applicable to that county as if its
population exceeded 4,000,000 inhabitants.
(Source: P.A. 91-906, eff. 1-1-01.)
(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 established by the
County Clerk in an amount not exceeding $50 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.)
(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

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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.
A For filing a certificate noting the cancellation or
withdrawal of one or more names, the County Clerk shall collect
receive a fee of $25 from any person who cancels a filed
certificate, withdraws a name, or otherwise amends the
certificate $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

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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.)