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How to File Illinois LLC Articles of Organization

A lot goes into the conception and planning of a new business. It is the Articles of Organization that make the LLC official. Being prepared before sitting down to complete the application will help you finish it efficiently.

First, have all of the required information handy. You will be asked for the following information:

  • The name and address of the Illinois LLC
  • The purpose for which it is being organized
  • The name and address of the registered agent (P.O. Box not acceptable)
  • The effective date of the articles (up to 60 days of filing date)
  • The dissolution date (if one applies)
  • Optional provisions for the regulation of LLC internal affairs
  • The name and address of the manager(s)
  • The name(s), address(es), and signature(s) of the organizer(s)

Second, the cost of filing the Articles of Organization is $150 ($250 for expedited processing), so have a credit card or check ready to go.

Finally, processing time varies depending on which option you choose. If you’re in a hurry, consider the online option which will process within 24 hours. Standard processing will take 10 to 15 business days. Expedited processing (24 hours) is available when filing in person.

 

Filing Options

When filing the Articles of Organization, use one of the three methods below.

Online

Filing online includes automatic expediting. Therefore, an additional $100 fee will be automatically added to the $150 regular filing fee. Processing will take 24 hours, excluding holidays and weekends.

Online processing does have several restrictions:

  • It cannot have a post-effective date.
  • The general purpose section must be completed.
  • It cannot include optional provisions.
  • It must include a “perpetual duration.”
  • It cannot have more than eight initial managers.
  • It can only have one organizer.

Mail

The original completed application plus one copy need to be included with a certified check, cashier’s check, money order, or check from an Illinois attorney or accountant. The check is payable to the Secretary of State. Expedited processing is not available when filing through the mail.

Application materials can be sent to the following address:

Secretary of State

Department of Business Services Limited Liability Division

501 S. Second St., Rm. 351

Springfield, IL 62756

In Person

See the application and payment requirements for the mailing option. The application can be delivered in person to either the Springfield address listed above or to the Chicago address below:

Illinois Secretary of State

Division of Business Services

69 W. Washington St., Suite 1240

Chicago, IL 60602

Expedited processing is available  in either the Springfield or Chicago office.

 

Want Help Filing Your Articles of Organization?

If you decide to use your time building your business rather than completing paperwork, but don’t want to spend the money on an attorney, an LLC formation service is a great compromise.

Lots of online incorporation services are out there but do vary in perks offered, processing times (theirs, not the state’s), and price.

In general, a service will collect and review your information, prepare the documents, and send them to the Illinois Office of the Secretary of State / Department of Business Services. They will contact you when the Articles of Organization have been filed.

One additional benefit offered by some services is a free year of registered agent service. Others offer order tracking or notifications of future legal requirements needed with the state.

After reviewing all the top LLC services available, we found IncFile and Northwest Registered Agent the best overall options. While neither of them have as high brand power as the industry giant, LegalZoom, both services have great customer support, prices and offer a free registered agent.

 

(Post Formation Checklist) After LLC Formation

After you have filed the formation documents with the state, it’s important not to overlook a few critical details.

Taxes

On the federal level, most LLCs do not pay taxes directly to the government. Instead, they report income and losses on the owner’s personal 1040 tax returns. Schedule C is often used for reporting. Unless the LLC chooses to be taxed as a corporation, a single-member LLC is taxed as a Sole Proprietorship and a multi-member LLC is taxed as a Partnership.

Similarly, most LLCs will pay state tax on pass-through income via their personal income tax returns. The exception is if an election is made to tax the LLC as a corporation.

Some LLCs may be required to pay a personal property replacement tax of 1.5% of net income. If the LLC is regarded as a partnership or corporation for federal tax purposes, the tax will be required. If the LLC is regarded as a sole proprietorship for federal tax purposes, the tax will not be required.

If operating a resale business, the LLC will need a retailer’s occupation tax number. If operating a wholesale business, the LLC will need a Resale Certificate Number. For more information, visit the Illinois Department of Revenue Business Division.

If the LLC is an employer, an unemployment insurance tax will be required. An Unemployment Compensation Number will need to be obtained through the Illinois Department of Labor. You will also need to withhold and pay a payroll  tax.

Finally, an LLC may need to file and pay a local tax to a city, municipality, or county.

Licensing

Every LLC must register with the Illinois Department of Revenue before conducting business. This can be done using one of the following three methods:

Online

Registration can be completed online and will take between one and two business days to process.

Mail

The hard copy application can be sent to the following address:

Central Registration Division

Illinois Department of Revenue

P.O. Box 19030

Springfield, IL  62794-9030

Processing will take between six and eight weeks.

In Person

Visit a regional office.

Following processing, the certificate of registration and taxpayer ID number will be sent in the mail.

A professional license may also be required. Professional licenses are issued through the Illinois Department of Financial and Professional Regulation. Requirements and fees vary according to the license.

Reporting

An annual report must be filed with the state of Illinois by the first day of the “anniversary month,” or the month in which the LLC was formed. The filing fee is $75 with the option for expedited processing, an additional $50.

Six weeks prior to the due date, a copy of the annual report form will be mailed to the LLC via the registered agent. If the report is not filed by the due date, the LLC will be given delinquent status, restricting the LLC from obtaining a certificate of good standing or the ability to file any other documents.

If the report is not filed within 60 days after the due date, the LLC will be placed in penalty status and charged a $100 fee. If the report is still not filed within another 120 days, the LLC will be dissolved by the state.

The annual report can be filed online and will be processed immediately. If filing by mail or in person, the processing time is between ten and fifteen business days. The processing can be expedited (24 hours) for an additional $50. If mailing, use one of the following address:

Secretary of State Department of Business Services

Limited Liability Division

501 S. Second St., Rm. 351

Springfield, IL 62756

 

Illinois Secretary of State

Division of Business Services

69 W. Washington St., Suite 1240

Chicago, IL 60602