Fill and Sign the Filing an Assumed Name Certificate Kane County Clerk Form

INSTRUCTIONS FOR ASSUMED BUSINESS 1. Fill out ASSUMED BUSINESS NAME form. 2. Filing Fee: $5.00 3. Publish in Local newspaper once a week for three (3) weeks. 4. The first publication shall be within ten (10) days after you file. 5. Be sure that a publication certificate is sent to: Richard “Dick” Leibovitz, County Clerk County Office Building 1504 Third Avenue Rock Island IL 61201 6. After the County Clerk receives proof of publication from the newspaper you will receive: CERTIFICATE OF OWNERSHIP OF BUSINESS CERTIFICATE (The certificate may be framed to be seen by the public) 7. The publication in the paper should be as follows: LEGAL NOTICE PUBLIC NOTICE IS HERE BY GIVEN THAT ON ________________________________ AD _______________ A CERTIFICATE WAS FILED IN THE OFFICE OF COUNTY CLERK OF ROCK ISLAND COUNTY, ROCK ISLAND, ILLINOIS, SETTING FORTH THE NAMES AND POST OFFICE ADDRESSES OF ALL PERSONS OWNING, CONDUCTING AND TRANSACTING THE BUSINESS KNOWN AS: _______________________________________________________ LOCATED AT: ____________________________________________________________\ ____ DATED: _________________________________________________________________\ _____ RICHARD “DICK” LEIBOVITZ COUNTY CLERK \ Newspapers to publish in are as follows: (1 only) Moline Dispatch – 1720 5th Avenue, Moline, IL 61265 (309) 764-4344\ Rock Island Argus – 1724 4th Avenue, Rock Island, IL 61201 (309) 797-0333 ASSUMED NAME CERTIFICATE F ILE NO. ______________ (STREET ADDRESS ) (CITY OR VILLAGE OF ) T HE UNDERSIGNED PERSON OR PERSONS DO HEREBY CE RTIFY THAT OUR BUSINESS IS OR IS TO BE CONDUCTED OR TRANSACTED UNDER THE NAME OF ___________________________________________ THAT ITS LOCATION IS OR WILL BE ________________________________________________________ IN THE ________________________________________________________________________\ ___ IN THE COUNTY OF ROCK ISLAND , S TA TE OF ILLINOIS , AND T HAT THE T RUE OR REAL F ULL NAME OR NAMES OF THE PERSON OR PERSONS OWNING , CONDUCT ING OR T RANSACT ING T HE SAME WIT H T HE POST OF FICE ADDRESS OR ADDRESS OF SAID PERSON OR PERSONS IS SHOWN AS BELOW . ________________________________________________________________________\ ________ (NAME) ( ADDRESS ) ( CITY OR VILLAGE ) ________________________________________________________________________\ ________ (NAME) ( ADDRESS ) ( CITY OR VILLAGE ) ________________________________________________________________________\ ________ (NAME) ( ADDRESS ) ( CITY OR VILLAGE ) ________________________________________________________________________\ ________ (NAME) ( ADDRESS ) ( CITY OR VILLAGE ) ________________________________________________________________________\ ________ (NAME) ( ADDRESS ) ( CITY OR VILLAGE ) ________________________________________________________________________\ ________ (NAME) ( ADDRESS ) ( CITY OR VILLAGE ) ________________________________________________________________________\ ________ (CONTACT PERSON , IF DIFFERENT FROM ABOVE ) ________________________________________________________________________\ ________ (HOME PHONE NUMBER ) (CELL PHONE NUMBER ) (E-M AIL ADDRESS ) ________________________________________________________________________\ ________ STA TE OF ILLINOIS ) ss. PERSONALLY APPEARED BEF ORE ME C OUNTY OF ROCK ISLAND ) _______________________________________, ___________________________\ ___________, _______________________________________, ______________________________________, _______________________________________, ___________________________\ ___________, _______________________________________, ___________________________\ ___________, _______________________________________, ______________________________________, _______________________________________, ___________________________\ ___________, WHO DULY ACKNOWLEDGED T HAT THEY EXECUT ED T HE ABOVE CERT IFICAT E. DAT E __________________________, 20_____, _______________________________\ ________ (NOTARY PUBLIC ) STATE OF ILLINOIS COUNTY OF ROCK ISLAND N ASSUMED NAME CERTIFICATE OTE : S TRIKE OUT W ORDS "OR IS TO BE " AND "OR WILL BE " IN THE CERTIFICATE IF THE BU SINESS IS ALREADY OPERATING . 405/1. NECESSITY OF CERTIFICATE - FILING CERTIFICATE S.1. No person or persons shall conduct or transact business in this state under an assumed name, or under any designat ion, name or style, corporat e or otherwise, other t han t he real name or names of the individual or i ndividuals conduct ing or transact ing such busi ness, unl ess such person or persons shall file in t he Of fice of the Count y Clerk in which such person or persons conduct or transact or intend to conduct or t ransact such business, a cert ificat e setting forth the name under which t he business is, or is to be, conduct ed or t ransact ed, and t he t rue or real full name or names of the person or persons owning, conduct ing or t ransact ing t he same, wit h the post office address or addresse s of such person or persons and every address where such business is, or is t o be, conduct ed or t ransact ed in t he count y. The cert ificat e shall be execut ed and duly acknowledged by t he person or persons so conduct ing or int ending t o conduct the business. Not ice of the f iling of such cert ificat e shall be published in a newspaper of general circulat ion published within the count y in which t he cert ificat e is filed. Such not ice shall be published once a week f or 3 consecut ive weeks. The f irst publicat ion shall be within 15 days after the cert ificat e is f iled in t he of fice of the Count y Clerk. Proof of publicat ion shall be filed wit h the Count y Clerk wit hin 50 days f rom the date of filing t he cert ificat e. Upon receiving proof of publicat ion, the clerk shall issue a receipt to the person f iling such cert ificat e but no addit ional charge shall be assessed by t he clerk f or giving such receipt . Unless proof of publicat ion is made t o the clerk, the cert ificat e of regist ration of the assumed name is void. If any person changes hi s or his residence address or the address of any place of business in the count y where such assumed name is being employed af ter filing a cert ificat e, or if the name of a person is added to any business organizat ion f or which a cert ificat e is on f ile, such person shall f ile an addit ional, duly acknowledged cert ificat e in t he Of fice of the Count y Clerk of the count y in which such person t ransact s business under an assumed name. The cert ificat e shall also set out the post office address of the person. If any business organizat ion f or which such cert ificat e has been f iled in any count y of this State shall remove its place of business t o anot her count y in this St ate or shall est ablish an addit ional locat ion for doing business in anot her count y and notice of the filing of such cert ificat e of a change or addit ion of name shall be published and proof of publicat ion made pursuant to the provisions of this Sect ion in t he same manner as is provided f or original cert ificat es to do business under an assumed name. Amended by P.A. 76-892,S.1, eff. Aug. 20, 1969. 405/ 2. CHANGE OR ADDI TION OF NAME- CERTIFICATE-TIME FOR FILING S.2. Persons conduct ing such business or any business under an assumed name who have prior t o August 16, 1963 changed t heir names or whose names are addit ions to a business organizat ion conduct ing business under an assumed name, for which a cert ificat e has previously been f iled, shall f ile anot her cert ificat e set ting out the change in their names or t hat their names are addit ions t o a business already in oper ation and every address where such business is conduct ed or t ransact ed in the Count y wit hin 30 days af ter August 16, 1963. Amended by P.A. 76-893,S.1, eff. Aug. 20, 1969. 405/3. INDEX OF ASSUMED NAMES-FEE-PRESUMPTIVE EVIDENCE S.3. The several Count y Clerks of this State shall keep an alphabetical index of all persons filing cert ificat es pursuant to Sect ions 1 and 2 1, and f or the indexing and filing of such certificate shall receive a fee of $5. 00. A copy of such cert ificat e and receipt for proof of publicat ion, duly cert ified t o by t he Count y Clerk in whose of fice t he cert ificat e is f iled, shall be presumpt ive evidence in all court s of law in t his St ate of the f acts therein cont ained. As amended by act approved Aug. 21, 1987. L.1963, P. --, H.B. No. 1345. 1 Sect ions 4, 5 of this chapt er. 405/ 3A. CANCELLATI ON OF CERTI FICATE-FI LING OF SUPPLEMENTARY CERTIFICATE-FEE S.3A Any person who has execut ed and f iled t he cert ificat e required by Sect ion 1 or 2 of this Act 1 and who wishes t o wit hdraw his name f rom t he business organizat ion shall have t he cert ificat e cancelled in whole or part by f iling in the of fice of the Count y Clerk where the cert ificat e is f iled, a supplement ary cert ificat e under oat h, showing t hat such person or persons have ceased doing business under the assumed name, or that the person or persons execut ing t he supplement ary cert ificat e have no further connect ion wit h or f inancial int erest in the business carried on under such assumed name; whereupon t he Count y Clerk shall not e opposit e the trade name t heret ofore r egist ered, the word "cancelled" and t he dat e of cancellat ion, or, in t he case of wit hdrawal only of one or more but less t han all of the regist rant s, the clerk shall not e the work "Wit hdrawn" af ter the name of each part y filing the supplement ary cert ificat e indicat ing t he withdrawal, toget her wit h the dat e of such wit hdrawal. When such wit hdrawal ef fectuates any change in or transf er of the ownership of 25% or more of the total ownership int erest in any such business organizat ion doing business under an assumed name, then notice of the f iling of such cert ificat e shall be published. For filing a cert ificat e not ing t he cancellat ion or withdrawal of one or more names, the Count y Clerk shall receive a f ee of $1. 50. Where a person f iles a cert ificat e pursuant to Sect ion 1 or 2 setting out a change of his name, or that his name is in addit ion t o an organizat ion doing business under an assumed name which has previously been regist ered, the Count y Clerk shall note on the index of such person's name t he word "changed" or "addit ion" as t he case may be. As amended by act approved Aug. 16, 1963. L.1963, P. -, H.B. No. 1345. 1 Sect ions 4, 5 of this chapt er. Sect ion added: L. 1945, P. 1088. 405/ 4. CORPORATI ONS, PARTNERSHI PS, TRUSTS, CRIMINIAL STATUTES NOT EFFECTED S.4. This Act shall in no way af fect or apply t o any corporat ion duly or any corporat ion organized under the laws of any ot her St ate and lawf ully doing business in this St ate, nor shall t his Act be deemed or const rued t o prevent the lawf ul use of a part nership name or designat ion, provided t hat such part nership shall include t he t rue, real name of such person or persons transac ting said business or part nership nor shall it be const rued as in any way affecting Sect ions 220 and 220a of Division I of "An Act to re vise th e la w in re lation to crimin al jurisprudence", approved March 27, 1874, as amended 1. This Act shall in no way af fect or apply to testament ary or ot her express t rusts where t he business is carried on in t he name of the t rust and such trus t is created by will or other ins trument in writ ing under which t itle to the t rust propert y is vest ed in a designat ed t rustee or t rustees f or the use and benef it of the cest uis que t rustent. 1 Chapt er 38, SS 465, 465a. 405/ 5. VIOLATI ONS-PUNI SHMENT S.5. Any person or persons carrying on, conduct ing or transact ing business as af oresaid, who shall f ail to comply wit h the provision of this Act , shall be guilt y of a Class C misdemeanor, and each day any person or persons conduct s business in violat ion of this Act shall be deemed a separat e of fense. Amended by P.A. 77-2542, S. 1. eff. Jan. 1, 1973. 405/ 6. ACTI ONS AGAI NST PERSONS FAI LING TO REGISTER ASSUMED BUSINESS NAME S.6. If a person or pers ons required t o regist er hereunder do not do so and such persons, or any of them, are unknown, civil act ions may be brought against such person or pers ons, by filing suit against the business under its assumed name, naming all known owners and shall, in addit ion, be immediat ely enforceable against the proper ty of the business and const itute a lien upon real est ate held in t he name of the business. At any t ime prior t o sat isfaction of judgment , if any, if the ident ity of a previously unknown owner is discovered, such person shall be named as a part y def endant by mot ion t o the court in which such case is pending or in which t he judgment was ent ered, support ed by an affidavit showing that notice of such mot ion has been given in the manner required for service of process upon an individual defendant by the "Civil Process Act ", approved June 23, 1933, as heret ofore or hereaf ter amended 1. Within 10 days af ter service of such notice, the previously unknown owner may appear and defend as in ot her civil cases; however, such def ense shall not affect any judgment against any ot her person previously entered in the suit . If the def endant does not file an appearance wit hin such 10 day period or if after hearing t he def endant is f ound t o be liable, the judgment , if any, theret ofore ent ered in such suit shall be amended t o include such person and shall at such time become a personal judgment against such person as if he had been individually named in the original c omplaint. Added by act approved Aug. 4, 1961, L. 1961, p. 2791. 1 Chapt er 110, S.1 et seq. Please read, sign below and return to our office with your certificate. __________________________________________ Signature __________________________________________ Date STATE OF ILLINOIS COUNTY OF ROCK ISLAND ASSUMED NAME CERTIFICATE 405/1. NECESSITY OF CERTIFICATE - FILING CERTIFICATE S.1. No person or persons shall conduct or transact business in this state under an assumed name, or under any designat ion, name or style, corporat e or otherwise, other t han t he real name or names of the individual or i ndividuals conduct ing or transact ing such busi ness, unl ess such person or persons shall file in t he Of fice of the Count y Clerk in which such person or persons conduct or transact or intend to conduct or t ransact such business, a cert ificat e setting forth the name under which t he business is, or is to be, conduct ed or t ransact ed, and t he t rue or real full name or names of the person or persons owning, conduct ing or t ransact ing t he same, wit h the post office address or addresse s of such person or persons and every address where such business is, or is t o be, conduct ed or t ransact ed in t he count y. The cert ificat e shall be execut ed and duly acknowledged by t he person or persons so conduct ing or int ending t o conduct the business. Not ice of the f iling of such cert ificat e shall be published in a newspaper of general circulat ion published within the count y in which t he cert ificat e is filed. Such not ice shall be published once a week f or 3 consecut ive weeks. The f irst publicat ion shall be within 15 days after the cert ificat e is f iled in t he of fice of the Count y Clerk. Proof of publicat ion shall be filed wit h the Count y Clerk wit hin 50 days f rom the date of filing t he cert ificat e. Upon receiving proof of publicat ion, the clerk shall issue a receipt to the person f iling such cert ificat e but no addit ional charge shall be assessed by t he clerk f or giving such receipt . Unless proof of publicat ion is made t o the clerk, the cert ificat e of regist ration of the assumed name is void. If any person changes hi s or his residence address or the address of any place of business in the count y where such assumed name is being employed af ter filing a cert ificat e, or if the name of a person is added to any business organizat ion f or which a cert ificat e is on f ile, such person shall f ile an addit ional, duly acknowledged cert ificat e in t he Of fice of the Count y Clerk of the count y in which such person t ransact s business under an assumed name. The cert ificat e shall also set out the post office address of the person. If any business organizat ion f or which such cert ificat e has been f iled in any count y of this State shall remove its place of business t o anot her count y in this St ate or shall est ablish an addit ional locat ion for doing business in anot her count y and notice of the filing of such cert ificat e of a change or addit ion of name shall be published and proof of publicat ion made pursuant to the provisions of this Sect ion in t he same manner as is provided f or original cert ificat es to do business under an assumed name. Amended by P.A. 76-892,S.1, eff. Aug. 20, 1969. 405/ 2. CHANGE OR ADDI TION OF NAME- CERTIFICATE-TIME FOR FILING S.2. Persons conduct ing such business or any business under an assumed name who have prior t o August 16, 1963 changed t heir names or whose names are addit ions to a business organizat ion conduct ing business under an assumed name, for which a cert ificat e has previously been f iled, shall f ile anot her cert ificat e set ting out the change in their names or t hat their names are addit ions t o a business already in oper ation and every address where such business is conduct ed or t ransact ed in the Count y wit hin 30 days af ter August 16, 1963. Amended by P.A. 76-893,S.1, eff. Aug. 20, 1969. 405/3. INDEX OF ASSUMED NAMES-FEE-PRESUMPTIVE EVIDENCE S.3. The several Count y Clerks of this State shall keep an alphabetical index of all persons filing cert ificat es pursuant to Sect ions 1 and 2 1, and f or the indexing and filing of such certificate shall receive a fee of $5. 00. A copy of such cert ificat e and receipt for proof of publicat ion, duly cert ified t o by t he Count y Clerk in whose of fice t he cert ificat e is f iled, shall be presumpt ive evidence in all court s of law in t his St ate of the f acts therein cont ained. As amended by act approved Aug. 21, 1987. L.1963, P. --, H.B. No. 1345. 1 Sect ions 4, 5 of this chapt er. 405/ 3A. CANCELLATI ON OF CERTI FICATE-FI LING OF SUPPLEMENTARY CERTIFICATE-FEE S.3A Any person who has execut ed and f iled t he cert ificat e required by Sect ion 1 or 2 of this Act 1 and who wishes t o wit hdraw his name f rom t he business organizat ion shall have t he cert ificat e cancelled in whole or part by f iling in the of fice of the Count y Clerk where the cert ificat e is f iled, a supplement ary cert ificat e under oat h, showing t hat such person or persons have ceased doing business under the assumed name, or that the person or persons execut ing t he supplement ary cert ificat e have no further connect ion wit h or f inancial int erest in the business carried on under such assumed name; whereupon t he Count y Clerk shall not e opposit e the trade name t heret ofore r egist ered, the word "cancelled" and t he dat e of cancellat ion, or, in t he case of wit hdrawal only of one or more but less t han all of the regist rant s, the clerk shall not e the work "Wit hdrawn" af ter the name of each part y filing the supplement ary cert ificat e indicat ing t he withdrawal, toget her wit h the dat e of such wit hdrawal. When such wit hdrawal ef fectuates any change in or transf er of the ownership of 25% or more of the total ownership int erest in any such business organizat ion doing business under an assumed name, then notice of the f iling of such cert ificat e shall be published. For filing a cert ificat e not ing t he cancellat ion or withdrawal of one or more names, the Count y Clerk shall receive a f ee of $1. 50. Where a person f iles a cert ificat e pursuant to Sect ion 1 or 2 setting out a change of his name, or that his name is in addit ion t o an organizat ion doing business under an assumed name which has previously been regist ered, the Count y Clerk shall note on the index of such person's name t he word "changed" or "addit ion" as t he case may be. As amended by act approved Aug. 16, 1963. L.1963, P. -, H.B. No. 1345. 1 Sect ions 4, 5 of this chapt er. Sect ion added: L. 1945, P. 1088. 405/ 4. CORPORATI ONS, PARTNERSHI PS, TRUSTS, CRIMINIAL STATUTES NOT EFFECTED S.4. This Act shall in no way af fect or apply t o any corporat ion duly or any corporat ion organized under the laws of any ot her St ate and lawf ully doing business in this St ate, nor shall t his Act be deemed or const rued t o prevent the lawf ul use of a part nership name or designat ion, provided t hat such part nership shall include t he t rue, real name of such person or persons transac ting said business or part nership nor shall it be const rued as in any way affecting Sect ions 220 and 220a of Division I of "An Act to re vise th e la w in re lation to crimin al jurisprudence", approved March 27, 1874, as amended 1. This Act shall in no way af fect or apply to testament ary or ot her express t rusts where t he business is carried on in t he name of the t rust and such trus t is created by will or other ins trument in writ ing under which t itle to the t rust propert y is vest ed in a designat ed t rustee or t rustees f or the use and benef it of the cest uis que t rustent. 1 Chapt er 38, SS 465, 465a. 405/ 5. VIOLATI ONS-PUNI SHMENT S.5. Any person or persons carrying on, conduct ing or transact ing business as af oresaid, who shall f ail to comply wit h the provision of this Act , shall be guilt y of a Class C misdemeanor, and each day any person or persons conduct s business in violat ion of this Act shall be deemed a separat e of fense. Amended by P.A. 77-2542, S. 1. eff. Jan. 1, 1973. 405/ 6. ACTI ONS AGAI NST PERSONS FAI LING TO REGISTER ASSUMED BUSINESS NAME S.6. If a person or pers ons required t o regist er hereunder do not do so and such persons, or any of them, are unknown, civil act ions may be brought against such person or pers ons, by filing suit against the business under its assumed name, naming all known owners and shall, in addit ion, be immediat ely enforceable against the proper ty of the business and const itute a lien upon real est ate held in t he name of the business. At any t ime prior t o sat isfaction of judgment , if any, if the ident ity of a previously unknown owner is discovered, such person shall be named as a part y def endant by mot ion t o the court in which such case is pending or in which t he judgment was ent ered, support ed by an affidavit showing that notice of such mot ion has been given in the manner required for service of process upon an individual defendant by the "Civil Process Act ", approved June 23, 1933, as heret ofore or hereaf ter amended 1. Within 10 days af ter service of such notice, the previously unknown owner may appear and defend as in ot her civil cases; however, such def ense shall not affect any judgment against any ot her person previously entered in the suit . If the def endant does not file an appearance wit hin such 10 day period or if after hearing t he def endant is f ound t o be liable, the judgment , if any, theret ofore ent ered in such suit shall be amended t o include such person and shall at such time become a personal judgment against such person as if he had been individually named in the original c omplaint. Added by act approved Aug. 4, 1961, L. 1961, p. 2791. 1 Chapt er 110, S.1 et seq. Please read, sign below and ret urn to our of fice wit h your cert ificat e. __________________________________________ Signat ure __________________________________________ Date