All businesses, by Law, must have their names registered. Sole proprietorships and general partnerships must file with the county clerk’s office. By registering your business name under the Assumed Business Name Act, does not prevent anyone from using your business name. The only way to prevent someone from using your business name is to file as a corporation or have a trademark for your name.
Who Must File:
Anyone using a name (other than his/her own personal name, i.e. John Doe or Sally Smith) for his/her business (i.e. Main Street Gift Shop). Note: Adding any word to your own personal name still constitutes an assumed name (i.e. John Doe Company or Sally Smith Hair Salon). In Montgomery County if you are a corporation filed with the Secretary of State's Office you DO NOT need to file and Assumed Name UNLESS the corporation is doing business as another name (i.e. TLC Lawns, Inc. d/b/a Bug-B-Gone). See the "Corporate Filings" section below for more information.
The Certificate Process:
Illinois State Law requires that the Notice shall be published in a newspaper of general circulation within the county in which the Certificate is filed. Such notice shall be published once a week for three consecutive weeks in a Montgomery County newspaper. The business owner is responsible for all publication fees, and pays them directly to the newspaper of their choice.
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 completes the Publisher's Certificate and attaches the original publication. The Publisher's Certificate must be received by the County Clerk's office in order for the filing requirements to be complete. It is the responsibility of the business owner to make sure the Publisher's Certificate is returned to the County Clerk's office within 50 days for 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 Publisher's Certificate, the business will be sent a Certificate of Ownership of Business, which completes all the Assumed Name filing requirements.
Fees: The fee to register an assumed name is $30.00. Cash, money order or checks accepted. Make checks payable to Montgomery County Clerk & Recorder. (We DO NOT accept credit/debit cards.)
What You Need:
This application requires the following information:
- Exact name(s) of the business owner(s).
- Address(es) of the owner(s).
- The physical address of the business.
- The type of business being conducted.
- The owner'(s) signature.
- Photo ID for each owner.
What do I do if there are changes in the business information?
If there is any change in the business address, change of an owner's address, or change in the ownership, it is necessary to file a Supplemental Assumed Name Certificate with the County Clerk's office indicating the change.
Publication is again required if:
- You are withdrawing the assumed name and/or the business is closing
- You change the name of the business
- You are removing an owner(s) of the business and that change involves 25% or more of the total ownership
The filing fee for the following type of change is $5.00
- Changing the address of the business and/or the address of an owner. (Publication is NOT required.)
- Addition of an owner(s) of the business. (Publication IS required.)
- Withdrawing of an owner(s) of the business. (Publication IS required.)
The filling fee for the following type of change is $10.00
- Withdrawing an Assumed Name (Publication IS required.)
Please call us at (217) 532-9530, or email us at email@example.com
All corporations (such as Inc., Co., LLC) must file their names with the Secretary of State’s Office. In Montgomery County if you are a corporation filed with the Secretary of State's Office you DO NOT need to file and Assumed Name UNLESS the corporation is doing business as another name (i.e. TLC Lawns, Inc. d/b/a Bug-B-Gone), the corporation (TLC Lawns, Inc.) must file an assumed name certificate (Bug-B-Gone) with the County Clerk’s office. At least one corporate officer must sign the assumed name certificate.
Check with the local city or village clerk’s office for any licensing requirements.
Check with the Illinois Department of Revenue and IRS for specific requirements.
Check with the Illinois Department of Revenue for specific requirements.