How Do I Form an LLC in Illinois?
Illinois keeps its LLC rules on one site. Here is how to pick a name, name an agent, and file your Articles of Organization.
How do I form an LLC in Illinois? You do it through the Illinois Secretary of State. The state's own instructions break it into a few clear steps. Pick a name the state will accept. Appoint a registered agent in Illinois. File Articles of Organization. Here is each step as the state lays it out. Not sure an LLC is the right fit first? Read our guide to that question.
Step 1: Choose a name that Illinois will accept
Illinois has two name rules. The Illinois Secretary of State's instructions say an LLC name must be unique, and you should check name availability before you file.
The name must also show what kind of company it is. The Illinois Secretary of State's instructions say an LLC name must include Limited Liability Company, LLC, or L.L.C.
Check the name first.
Step 2: Appoint an Illinois registered agent
Every LLC in the state needs one. The Illinois Secretary of State's instructions say all LLCs must appoint and maintain a registered agent within Illinois.
Who can serve? Illinois says a registered agent must be an individual who lives in Illinois or an entity authorized to transact business in Illinois. You can be your own agent if you live here. A service company can do it too, as long as it is authorized in Illinois. For more on the job, see what a registered agent does.
The agent needs an office. Illinois says the registered office must be located in Illinois. A post office box alone is not an acceptable registered office address. Illinois also says the registered office address must be identical to the business office address of the registered agent. So the address on file has to be the agent's real business address, not a mailbox.
Why does the state care? Illinois says the registered agent acts as the conduit for exchanging information between the company and the Secretary of State's office. Illinois says all correspondence initiated by the Secretary of State's office will be mailed to the registered agent at the registered office address. The agent also has legal weight. The Illinois Secretary of State's instructions say the registered agent has authority to accept service of process for the company.
Step 3: File your Articles of Organization with the Illinois Secretary of State
This is the form that creates the company. You file it with the Department of Business Services.
What goes in it? The Illinois Secretary of State's instructions say the Articles of Organization must state the names and business addresses of all managers. They must also list any member with the authority of manager. So list every manager. If your LLC is member-run, list the members who hold manager authority.
The state also warns that your situation may add lines. The Illinois Secretary of State's instructions say Articles of Organization may need to include additional items that specifically apply to your situation. Read the form before you file.
Can you form your Illinois LLC online? Yes. But the state sets limits on who can. The Illinois Secretary of State's instructions say an LLC organizing online must not be formed in another state or jurisdiction. The instructions also say an LLC organizing online must not be required to use a specific purpose or provisions. If either of those applies to you, online filing is out.
The Secretary of State accepts credit and debit cards, including Visa, Mastercard, Discover, and American Express. For a look at fees across states, see LLC filing fees by state.
What the Illinois Secretary of State can and cannot help you with
The Department of Business Services has a firm line. It is an administrative filing agency and cannot provide legal, accounting, or tax advice.
It also tells you what to do about that. The Illinois Secretary of State's Department of Business Services strongly recommends that legal counsel reviews all documents before submission. So have a lawyer review your documents before you submit them. The Department cannot tell you whether what you send is right for your company.
After formation: your annual report and any series
Filing the Articles is not the end.
For federal tax ID questions, see our EIN guides. Start with how to get an EIN number or how to apply for an EIN for an LLC. For how the IRS treats LLC income, see LLCs and the IRS.
Then there is the yearly report. The Illinois Secretary of State says domestic and foreign limited liability companies may file a standard annual report electronically. File it online and save yourself the paper. One catch: the Illinois Secretary of State says an LLC cannot file an annual report online if it has been administratively dissolved or revoked. Learn more in our annual report guide.
One more Illinois wrinkle. Illinois says a company establishing a series must file a separate Certificate of Designation on form LLC-37.40 for each series. Illinois says a Certificate of Designation may only be filed when the LLC has been created by filing Articles of Organization. So the series comes after the company, never before.
That is the whole path. A unique name with LLC in it. An Illinois agent with a real office. Articles with your managers listed. For the general version of this process, see how to form an LLC.