Who must file?
Under state law, three classes of businesses are required to register assumed names with the local county clerk's office. The business classifications listed below are defined fully in theIllinois Compiled Statutes.
Businesses required to register
The following types of companies that conduct business in Macoupin County are required to register assumed names with the Clerk's office:
• Sole proprietorships
Businesses defined under state law as being owned by an individual or husband and wife.
• General partnerships
An association of two or more persons who carry on as co-owners a for-profit business entity.
• Professional services corporations
A business corporation formed by an individual or group of individuals who are required by law to be licensed or obtain other legal authorization from the state to deliver services (examples include doctors, dentists, land surveyors, podiatrists and some attorneys). Proof of filing with the Secretary of State's office is required.
Businesses not required to register
The following types of companies that conduct business in Macoupin County are not required to regsitered assumed names:
• Limited liability companies
A business entity, distinct from its members, which maintains on file a limited liability registration with the Secretary of State's office.
• Limited liability partnerships
An association of two or more persons who carry on as co-owners for a for-profit business entity that is distinct from its partners and which maintains on file a limited liability registration with the Secretary of State's office.
• Limited partnerships
An association of two or more persons who carry on as full and partial owners or investors for a for-profit business entity that is distinct from its partners.
A business managed by directors and created with powers (to issue shares, buy properties, etc.) and liabilities independent of its individual members as defined by state law.
What is the Procedure?
The Assumed Name Certificate must be completed printing the name and physical address (not P.O. Box) of the business, and the names and physical home addresses of all owners/partners in the business.
Applications by fax and e-mail 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 along with a $5.00 filing fee if done in person or $10.00 filing fee if done by the mail. The County Clerk's office will issue a Notice for Publication to the applicants.
The Assumed Name Publication Notice must be taken to a general circulation Macoupin
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.
What if there are changes in the business information?
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 of the business.