Establishing an LLC can feel complicated if you are new to the process and do not know all the steps. LLCs in Illinois are governed by the Limited Liability Company Act. We’ve done the research and put together this simple guide to forming an LLC in Illinois.
What is a Limited Liability Company?
An LLC, or limited liability company, is a business entity that offers its owners legal protections from personal liability for the debts and obligations of the business. LLCs combine the flexibility of partnerships with the corporate structure of corporations, making them an ideal choice for many businesses.
What I need to know to start an Illinois LLC?
Our business formation lawyers can guide you through simple LLCs to extremely complex ones with many different types of debt and equity holders. Call us now.
To form an LLC in Illinois, you will need to:
- Choose a name for your LLC
- Appoint a registered agent
- File Articles of Organization with the Illinois Secretary of State
- Create an Operating Agreement
- Obtain any necessary business licenses and permits
- Open a business bank account.
- Apply for a business credit card.
- Purchase insurance for your business. Protect your name an logo with a trademark.
How do I choose a name for my LLC?
When choosing a name for your LLC, you will need to follow the rules and requirements laid out in the Illinois Limited Liability Company Act. Generally, your LLC name must include one of the following terms: “limited liability company”, “limited company”, or an abbreviation of one of these terms.
Additionally, any words that imply limited liability such as “incorporated” or “corporation” may not be included in your business name.
Your LLC name must include the phrase “Limited Liability Company” or “LLC.” It can also include abbreviations of these phrases, such as “L.L.C.” or “LLC.”
Your LLC name cannot be too similar to the names of other businesses on file with the Illinois Secretary of State.
You can search the Business Services Division’s Business Entity Database to see if the name you want is available.
Once you have chosen a name for your Illinois LLC, you will need to file Articles of Organization with the Illinois Secretary of State and appoint a registered agent.
The registered agent must be an individual or business entity that has a physical address in Illinois. They will receive legal notifications on behalf of your LLC, so it is important to choose someone who can reliably manage these documents and communicate them to your business.
What is a LLC operating agreement?
An LLC operating agreement is a legally binding document that outlines the ownership and operating procedures of
your Illinois LLC.
This document can be used to settle disputes among members, outline voting rights and roles within the company, and more.
Although an operating agreement is not required by the state of Illinois, it is highly recommended as it can help prevent disagreements down the road.
An LLC is a type of limited liability company that confers certain legal protections on its members or employees.
In order to form an LLC in Illinois, you must file a completed Articles of Organization with the Illinois Department of State along with the required filing fee.
This document must include basic information about your
What is the internal revenue service (IRS)?
The Internal Revenue Service (IRS) is the federal agency responsible for overseeing and regulating LLCs in the United States.
In order to choose how your LLC will be taxed, you will need to contact the IRS and complete an IRS Form 8832.
Depending on the type of business you operate, your LLC may be taxed as a partnership, corporation, or another tax entity.
This choice can affect the amount of taxes you pay on profits from your LLC, so it is important to consult with a tax professional before making this decision.
Pros and Cons of structuring a business as an LLC in Illinois?
PROS:
-LLCs offer personal liability protection for the owners of the business, which means that the owners will not be held responsible for any debts or obligations of the business.
-LLCs can choose to be taxed as partnerships or corporations, which offers flexibility in terms of tax liability.
-LLCs are relatively easy to establish and maintain.
CONS:
-LLCs may be subject to higher taxes than other business entities.
-LLCs may be required to file additional paperwork with the state.
-LLCs may be subject to more stringent regulations than other business entities.
Choose an Illinois Registered Agent
What they do, how to choose one
As mentioned before, an Illinois registered agent is an individual or business entity that has a physical address in Illinois and is responsible for receiving legal notifications on behalf of your LLC.
The registered agent must be available during normal business hours to accept service of process and other legal notifications.
It is important to choose a registered agent who can reliably manage these documents and communicate them to your business.
Some factors you may want to consider when choosing a registered agent include:
-The registered agent’s availability during normal business hours.
-The registered agent’s ability to manage legal documents and communicate them to your business in a timely
manner.
-The registered agent’s experience with LLCs and other business entities.
-Whether the registered agent is located in Illinois or elsewhere.
There are several ways to choose an Illinois registered agent, including:
-Working with a professional incorporation service.
-Selecting an individual who will act as your registered agent, such as a family member or employee.
-Selecting another business entity that has been established in Illinois, such as a law firm or accounting office.
Regardless of which option you choose, it is important to make sure that your registered agent is qualified and able to handle legal documents on behalf of your LLC. You should also be aware of any fees associated with using a particular registered agent service, as these fees may differ depending on factors like location and experience.
As mentioned before, you will need to file a completed Articles of Organization with the Illinois Department of State in order to establish your LLC.
This document must include basic information about your business, such as the name and address of your LLC, the names and addresses of your LLC’s members, and the name and address of your registered agent.
You can find a template for this document online or through the Illinois Department of State website.
How to file the Articles of Organization for an LLC in Illinois
The first step in forming an Illinois LLC is to file the Articles of Organization with the Illinois Secretary of State. The Articles of Organization must include:
- -The name and address of the LLC.
- -The names and addresses of the LLC’s members.
- -The LLC’s registered agent and their address.
- -The LLC’s purpose.
- -The name and address of the person who will serve as the LLC’s organizer.
You can find the Articles of Organization online, by mail, or in person at the Illinois Secretary of State’s office. The filing fee for the Articles of Organization is $150, and there is an additional $25 fee if you file by mail.
How to get an EIN for an LLC in Illinois
The next step in forming an LLC in Illinois is to obtain an Employer Identification Number (EIN) from the IRS. An EIN is a nine-digit number that is used to identify your business for tax purposes. You can apply for an EIN online, by mail, or by fax.
The filing fee for an EIN is $0, and you should receive your EIN within a few weeks.
Once your LLC has been established, you may need to file additional paperwork with the state or federal government in order to comply with relevant regulations and maintain legal status.
This process can be complex, so it is important to consult an attorney if you have questions about how to get an LLC in Illinois.
Where can I file a request for an LLC in the state of Illinois?
The Illinois Department of State is responsible for processing and reviewing all requests to form LLCs in the state. In order to begin the process of forming an LLC, you must file a completed Articles of Organization with the Department of State along with the required filing fee.
This document must include basic information about your LLC, such as its name, address, members, and registered agent. You can submit this document online, by mail, or in person at one of the Department of State’s offices.
Once your documents have been processed and approved by the Department of State, you will receive an official certificate confirming that your LLC has been established in Illinois.
Depending on your particular business needs, you may also need to obtain an Federal Employer Identification Number (EIN) or file additional paperwork with state or federal agencies.
If you have questions about the process of forming an LLC in Illinois, it is advisable to consult an experienced attorney for assistance.
In Illinois, any business entity providing professional services licensed by the Illinois Department of Financial and Professional Regulation must use “Professional Limited Liability Company” or abbreviate it to “PLLC” or “P.L.L.C.”
If you are establishing a business entity in Illinois but are not a resident of the state, you may be interested in learning about how to start an LLC in Illinois as a foreign LLC.
To do this, you will need to file certain documents and pay certain fees to the state of Illinois. This process can be complex, so it is important to consult with an attorney or other professional for assistance. Good luck!
