Sec. 4.15. Assumed corporate name.

446 words·~2 min read·/il/chapter-805/act-5/4-15

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A domestic corporation or a foreign corporation admitted to transact business or attempting to gain admission to transact business may elect to adopt an assumed corporate name that complies with the requirements of paragraphs (2), (3), (4), (5), and

(6)of subsection

(a)of Section 4.05 of this Act with respect to corporate names.

(b)As used in this Act, "assumed corporate name" means any corporate name other than the true corporate name, except that the following shall not constitute the use of an assumed corporate name under this Act:

(1)the identification by a corporation of its business with a trademark or service mark

of which it is the owner or licensed user; and

(2)the use of a name of a division, not separately incorporated and not containing the

word "corporation", "incorporated", or "limited" or an abbreviation of one of such words, provided the corporation also clearly discloses its corporate name.

(c)Before transacting any business in this State under an assumed corporate name or names, the corporation shall, for each assumed corporate name, pursuant to resolution by its board of directors, execute and file in duplicate in accordance with Section 1.10 of this Act, an application setting forth:

(1)The true corporate name.

(2)The state or country under the laws of which it is organized.

(3)That it intends to transact business under an assumed corporate name.

(4)The assumed corporate name which it proposes to use.

(d)The right to use an assumed corporate name shall be effective from the date of filing by the Secretary of State until the first day of the anniversary month of the corporation that falls within the next calendar year evenly divisible by 5, however, if an application is filed within the 2 months immediately preceding the anniversary month of a corporation that falls within a calendar year evenly divisible by 5, the right to use the assumed corporate name shall be effective until the first day of the anniversary month of the corporation that falls within the next succeeding calendar year evenly divisible by 5.

(e)A corporation shall renew the right to use its assumed corporate name or names, if any, within the 60 days preceding the expiration of such right, for a period of 5 years, by making an election to do so at the time of filing its annual report form and by paying the renewal fee as prescribed by this Act.

(f)(Blank).

(g)A foreign corporation may not use an assumed or fictitious name in the conduct of its business to intentionally misrepresent the geographic origin or location of the corporation within Illinois.