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Who must file?
Illinois law requires that individuals conducting or transacting a business under any name other than the real name or names of the owners must file an Assumed Name Certificate [PDF] with the County Clerk in the County in which the business is located. If the business will be incorporated or a corporation contact the Illinois Secretary of State (217) 782-7880, not the County Clerk for information. For any other information concerning an Assumed Name Business, please call (800) 252-2923.
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, 2200 N. Seminary Ave, Woodstock, IL 60098 along with a $5.00 filing fee (Please make check payable to: McHenry County Clerk). At said time, the Clerk's office will issue a Notice for Publication to the applicants.
The Assumed Name Publication Notice must be taken to a general circulation McHenry 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.
Most of these procedures can be accomplished by mail to the County Clerk's office, 2200 N. Seminary Ave, Woodstock, IL 60098. If you have any questions, please call the Clerk's office at 815-334-4242.