Fact Checked by Editorial Staff
Illinois Registered Agent: If you wish to start an Illinois LLC, you have to appoint a registered agent. According to Illinois State Law, it is mandatory to have an Illinois Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.
In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in Illinois, and who can be a registered agent for your LLC. Read this guide carefully before you hire an Illinois Registered Agent.
On this page, you’ll learn about the following:
What is an Illinois Registered Agent
A registered agent (or a statutory agent or a resident agent) in Illinois is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.
When you file the Illinois LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in Illinois, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Hiring a Registered Agent in Illinois
You may have several options for hiring a registered agent in Illinois. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in Illinois can represent your LLC as your registered agent.
Who Can Be a Registered Agent
- The person must be above 18 years old.
- The person must have a legal and physical address in the state where the LLC will operate.
- The person must be physically present during normal working hours.
- Anyone who fulfills the above requirements can act as a registered agent.
- Recommended – You should use a professional registered agent in Illinois always.
Can I Be My Own Registered Agent
Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.
Why You Shouldn’t Be Your Own Registered Agent
Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,
- If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
- A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
- The registered agent’s address must be up to date in the Secretary of State portal.
It is recommended to outsource the registered agent service to ease your work as it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
LegalZoom – $299 Per Year
How to Choose a Registered Agent in Illinois
You can choose an Illinois Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.
In-house Registered Agent
As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.
Outsourcing Registered Agent Service
You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.
LLC Service | Our Rating & Pricing | Top Features | Learn More |
#1 TOP PICK  | $99 Per Year |
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 | $125 Per Year |
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Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. If you are forming your LLC from scratch, then with LegalZoom Registered Agent, you will get the full formation package.
What to Consider While Choosing an Illinois Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent typically costs between $99 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers. Check out the best Registered Agent Services to consider for this job.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.
How to Appoint a Registered Agent in Illinois
At the time of submitting the Illinois Articles of Organization, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the Illinois LLC Online Filing page and provide the information of your Registered Agent accordingly.
Appoint Registered Agent By Mail
To appoint a registered agent in Illinois by mail, you need to download the Illinois LLC filing form (PDF). Fill up the “Registered Agent” section with appropriate details of the agent and submit it to the SOS office. For more information, read on Illinois Articles of Organization.
Cost of an Illinois Registered Agent
The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in Illinois.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, LegalZoom offers standalone registered agent service at $299 per year, but if you buy their LLC formation package at $0 + state fees, you might get a registered agent at a low cost.
How to Change a Registered Agent in Illinois
To change the Illinois registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the Illinois Secretary of State via mail or online filing.
File Online
For online filing, you need to get the online form, which is available on the Illinois Secretary of State portal. Fill in all the necessary information of LLC as well as current and old registered agents. This form must be completed and signed by the newly appointed registered agent and any authorized member of the LLC. The signature of the new registered agent acts like the consent to be appointed as one. Submit it online.
Fee: $25
File By Mail
You can also choose to file the form through the mail. You need to download the Change of registered agent or office by entity form from the Illinois Secretary of State’s portal. Fill in all the details on your computer. The completed form is to be signed by the newly appointed registered agent. The duly signed form must be sent to the following address,
Mail to: Secretary of State
Department of Business Services
Limited Liability Division
501 S. Second Street, Room 351
Springfield, IL 62756
How to Pay: The filing amount is payable to the Illinois secretary of state through a credit card when filing online/by email. For paper filing, you can choose to pay through money order or check.
Why Do LLCs in Illinois Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in Illinois. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in Illinois ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
- Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances as your registered agent will maintain a compliance calendar.
- Privacy: It is mandatory for businesses in Illinois to publicly upload their address to the Illinois Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the Illinois SOS and not yours.
- Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
- Online Safe Backup: Every registered agent in Illinois or any other state usually takes online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
- Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.
Illinois Business Laws for Registered Agents to Note
While starting an LLC in Illinois, it is important to know about the business laws in Illinois. The following business laws are applicable to every business in the state. Registered agents help LLCs to understand the laws and keep them updated about these laws. Following are the business laws in Illinois to note.
Illinois Antitrust Law
Antitrust regulations prevent big mergers that their respective state attorneys believe hurt consumers by limiting choice. Illinois antitrust laws are seen in the Illinois Antitrust Act, which supports federal antitrust laws. Federal antitrust laws forbid any act of restraining trade while also limiting the ability of large corporations to do acts that would restrict competition.
The Sherman Act charges a fine ($100,000,000 if a corporation) and a 10-year prison sentence for an illegal “trust or conspiracy, in restraint of trade or commerce.” A private lawsuit can be filed against a party for an alleged antitrust violation while a federal action is pending. The antitrust laws of Illinois allow plaintiffs to bring private lawsuits against companies and make it possible to recover attorneys’ fees.
Illinois Corporations Laws
Once you’ve decided what type of corporation you’re creating, whether S-corporation or C-corporation, you will need to select the individuals you would like to have on your board of directors; then, you will need to draft and file your corporation’s Articles of Incorporation. In Illinois, this is known as “Form BCA 2.10.” After filing the Articles of Incorporation, you need to obtain a business license and other permits that might be required for your business.
Illinois Deceptive Trade Practices Laws
Manufacturers or retailers engage in deceptive trade practices when they spread disinformation, make false claims, or use other misleading tactics to entice sales. The Illinois deceptive trade practices law follows the Uniform Deceptive Trade Practices Act and allows state attorneys and private parties to file suit. Contact a consumer protection office near you if you think a business is engaging in deceptive practices. The office can provide information about ongoing consumer scams and investigate and prosecute scammers under criminal statutes.
Illinois Interest Rates Laws
Consumers regularly agree to waive those limits and pay higher rates by clicking “I agree” online or signing a printed contract, regardless of statutory limits of interest rates. The Penalty for Usury (Unlawful Interest Rate) is twice the total of all interests, charges, attorney’s fees, and court costs.
Illinois Securities Fraud Laws
Both the Illinois federal and state laws control the crime of securities fraud. The crime involves engaging in any deceptive practice dealing with the sale of securities. These crimes include dealing in securities despite not being a registered dealer or dealing in securities issued after September 6, 1955, and not being registered or having a permit to do so.
It can be committed when a corporate officer or director misrepresents, withholds, or distorts information relating to a company’s stock (i.e., its value) or an officer unlawfully discloses that information and an individual or entity acts unlawfully on that disclosed information. The department registers those who offer and sell business opportunities, securities offerings, investment advisers and salespersons and representatives, broker-dealers, business brokers, and loan brokers.
Illinois Security Deposit Laws and Deadlines
A security deposit is a money a tenant pays to a landlord to cover damage or clean rental property. In Illinois, the amount that a landlord may charge as a security deposit has no limitation. Landlords may also charge deposits in case of damages or as an advance payment on last month’s rent. The landlord must return the security deposit of a tenant within 30 to 45 days after moving out.
Title: Navigating the Process: How to Remove a Registered Agent for LLC in Illinois
Introduction:
Establishing a Limited Liability Company (LLC) provides unique advantages, shielding owners’ personal assets while offering business flexibility and tax benefits. To operate smoothly, the appointment of a registered agent is a crucial step in compliance with existing laws. Registered agents serve as the official point of contact for legal matters, facilitating communication between regulatory authorities and the LLC. Nevertheless, circumstances may arise wherein removal or replacement becomes necessary. In this editorial, we aim to shed light on the steps involved in the process of removing a registered agent for an LLC in Illinois, bringing clarity to these often-misunderstood matters.
1. Recognizing the Need:
Before delving into the process, individuals pursuing the removal of a registered agent must have valid grounds to do so. Valid reasons may include a registered agent’s resignation, incapacity, business dissolution, or incompetence. It is pertinent to assess the situation and make an informed decision to initiate the process.
2. Know the Requirements:
To proceed with ease, it is crucial to familiarize oneself with the specific legal rules and requirements outlined by the Illinois Secretary of State’s office. One of the primary requirements is filing a Statemenf of Change of Registered Office/Agent form (Form LLC-5.5), providing the necessary information about the LLC and the outgoing registered agent.
3. Notification of Intent:
Next, it is essential to notify both the incumbent registered agent and the LLC itself, of the intention to file a change of agent. This gives all parties involved an opportunity to respond and address any concerns, potentially resolving issues without the need for formalities. When executing this step, maintaining a courteous and professional approach fosters respect and cooperation throughout the process.
4. Completing Form LLC-5.5:
The key document required to remove and replace a registered agent is Form LLC-5.5 in Illinois. This form demands completion of specific fields related to the Limited Liability Company, including identification details and the appointment of a new registered agent. Thoroughly reviewing the document before submission ensures accuracy and reduces chances of unnecessary delays.
5. Filing the Documentation:
Completing Form LLC-5.5 should be followed by submitting the documentation to the Illinois Secretary of State’s office. The preferred method of submission is online through the Secretary of State’s Business Services Online (BSO) portal. Online filing reduces processing times and ensures quicker resolution of any queries that may arise.
6. Additional Considerations:
While the removal of a registered agent generally pertains to selecting a replacement, LLCs must be attentive to any contractual or legal obligations established with the outgoing registered agent. Resolving any outstanding matters, such as the temporary continuance of services provided, can ease the transition and mitigate potential legal complications in the future.
Conclusion: (This content will be added to the existing conclusion.)
Navigating the process of removing a registered agent for an LLC in Illinois is an important step in ensuring compliance and proper functioning of the company. By recognizing the need, understanding the requirements, notifying all relevant parties, completing the necessary paperwork accurately, and prioritizing smooth handover of responsibilities, LLCs can effectively remove and replace their registered agents. While the exact procedures might differ slightly based on specific circumstances, it is essential to consult the Illinois Secretary of State’s guidelines for specific guidance. With thorough understanding and adherence to the process, businesses in Illinois can efficiently manage changes in registered agents, maintaining operational stability and regulatory compliance.
FAQ
In Illinois, you may switch registered agents. To accomplish this, you must submit an application form along with a $25 fee. Send the Secretary of State the RA change application form. Online or via mail may be used to submit it to the Secretary of State, Department of Business Services, Limited Liability Division, 501 S. Using whatever method is most convenient for you, send your request to Second Street, Room 351, Springfield, IL 62756.
Anyone who is above 18 and a resident of Illinois on a permanent basis may register as an agent. The individual must be authorized to operate a company inside the state. Anybody may register as an agent if these conditions are met.
In Illinois, a registered agent might be a spouse, any LLC member, a family member, a friend, or even you. Being an adult (18 years or older) and a resident of the state are the two essential requirements. If you are capable of doing so, being a registered agent should not be difficult.
If you want to change the registered agent’s address, you have to update the new address to the Illinois SOS. To do so, you need to submit the RA Change Form to the Illinois Secretary of State. In the form, update the address section with the new one. You can submit it online, by mail to the address Secretary of State, Department of Business Services, Limited Liability Division, 501 S. Second Street, Room 351, Springfield, IL 62756, or by fax, whichever provision is available for you. You may pay a fee for the process.
Details on a firm may be found by going to the Illinois Secretary of State’s website. For a corporate search, use the business search option. Check the portal’s registered agent information after you’ve located it.
On your behalf, a registered agent in Illinois is designated to serve any legal documents or notifications. The proper address for such documents is the registered agent’s office address. Anyone in Illinois who satisfies the qualifications may act as a registered agent.
The information about the registered agent you hired must be provided in Illinois when you register your company with the Secretary of State. Name, address, contact information, as well as the appointed agent’s appointment date must all be included. Upon completion of the formation, your registered agent will be listed with the Illinois SOS.
The Illinois SOS must be used to conduct a search if you wish to find a registered agent’s address in Illinois. Look for the registered agent information on the website after doing a search using the business name. You may discover the location and phone number of Illinois registered agent in the section under “Registered Agent.”
Visit the Illinois SOS website if you want to use the registered agent’s name to locate the company name. For business information, put the name of the registered agent in the search field. There, among the search results, you may look up the company.
The individual designated as a registered agent must be at least 18 years old and a resident of the state in order to qualify. That individual is qualified to act as a registered agent in Illinois if all requirements are met.
In Illinois, finding a registered agent for a company is simple. You must visit the site for the Secretary of State of Illinois. A company may be located using its name, tax ID, and registered agent’s name. To find out who the registered agent is for a corporation, do a search on the name of the company.
If the business the registered agent was working for requires a documented resignation letter. A resignation notification must be sent by mail, fax, or online to the Illinois Secretary of State once the employer accepts the letter. The notification must be submitted within the allotted period.
Visit the official Illinois Secretary of State website if you wish to edit the registered agent there online. If Illinois registered agent has to be changed, you must send the RA Change Form through mail or online (if available).
There are many ways to get a free registered agent in Illinois. The first step is for you to take on the role of your company’s registered agent. Making a member of your family a registered agent is the second option. Finally, you may search for free service providers if you are employing a competent registered agent.
You must go to the Illinois SOS if you want to look for a registered agent in Illinois. To get the information, just search for your company by name. After learning more about the business, you may look for the registered agent’s name, address, and phone number.
The Limited Liability Division, 501 S. Second Street, Room 351, Springfield, IL 62756, is the place where the registered agent form (a document used to start a company) should be submitted. No specific paperwork is required to name the registered agent. In Illinois, a registered agent must be designated via the formation paperwork.
If you have a business in Illinois, you must have a registered agent. However, if you don’t have one or your registered agent has resigned, then you need to hire/replace another one asap, or you can serve as a registered agent for your company in Illinois.
If the registered agent who is acting on behalf of your business passes away, the authority granted to him expires. Through the RA change procedure, businesses in Illinois must appoint or replace a different registered agent. A registered agent may be changed by letter, online, or by fax.
You can’t always be sure that the name of the registered agent may be concealed because the name and address of a registered agent must be provided in Illinois and posted on the Illinois Secretary of State’s website. You may keep the identities of your owners and members a secret if you operate an Anonymous LLC.
In order to learn more about the registered agent in Illinois, you must phone 800-252-8980. This is the Illinois Secretary of State’s office number. It’s possible that you’ll need to wait and follow the caller’s directions in order to get to the department you’re looking for.
Before beginning to represent a company, every registered agent in Illinois must offer their approval. The approval letter may sometimes need to be provided separately by the registered agent to the Illinois SOS. However, in certain circumstances, they are only able to convey their approval by signing the formation paperwork or the RA change form.
A registered agent and a resident agent are the same titles in Illinois. The only difference between states is the name. In Illinois, the procedure for designating the registered agent and the resident agent is the same.
In Illinois, if the registered agent declines, the business risks facing legal consequences for making a false declaration. The registered agent, on the other hand, is free to refuse any responsibility imposed upon them as such.
When there is no registered agent, a business may still be sued in Illinois. Because there isn’t a registered agent’s office to collect the paperwork, the corporation will get the legal notification in a unique method from the norm.
The designation may be rejected by a registered agent who has been appointed. A declaration of rejection must be signed and sent to the Illinois SOS in Illinois. You may quit your work as soon as the rejection statement is received.
How to Remove a Registered Agent for LLC in Illinois
However, there may come a time when you need to remove or change your registered agent. This could be due to a variety of reasons, such as the agent no longer being available or suitable for the role, or simply wanting to switch to a new registered agent. Fortunately, the process to remove a registered agent for an LLC in Illinois is relatively straightforward.
One important thing to note is that the Illinois Secretary of State requires all LLCs to have a registered agent at all times. So, it’s crucial to have a new registered agent lined up before you officially remove the current one. Failure to do so could result in serious consequences for your LLC, including being dissolved by the state.
To remove a registered agent for an LLC in Illinois, you’ll need to file a Statement of Change of Registered Agent and/or Registered Office with the Illinois Secretary of State. This form can be filed online or by mail, along with the appropriate filing fee.
The form itself is relatively simple, requiring basic information about the LLC, the current registered agent, the new registered agent, and the effective date of the change. Once the form is submitted and processed by the Secretary of State, the change will be official, and the new registered agent will take over the responsibilities.
It’s important to notify the current registered agent of the change and ensure they are aware of their removal from the role. This can help prevent any confusion or issues with receiving important legal documents on behalf of the LLC.
Remember, the registered agent plays a crucial role in the operation of an LLC in Illinois, so it’s important to choose a reliable and trustworthy individual or company to serve in that capacity. Whether it’s a professional registered agent service or someone within the LLC itself, be sure to select someone who is responsible and readily available to handle any legal documents that come their way.
In conclusion, while removing a registered agent for an LLC in Illinois may seem like a daunting task, it’s actually a relatively straightforward process. By following the proper procedures and ensuring that the new registered agent is in place before removing the old one, you can make the transition smooth and seamless. Taking the time to properly manage this change will help your LLC stay compliant and operate smoothly in the long run.
In Conclusion
Before you choose a registered agent for your Illinois LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.