By: Christian Blume – Illinois Business & Real Estate Attorney
Many individuals starting a home-based business may be concerned with listing their home address on public records, for any number of reasons. A recent amendment to the Illinois Assumed Business Name Act, HB2528 carves out an exception for certain businesses to avoid listing their personal residence when personal safety is an issue.
The Assumed Business Name Act (805 ILCS 405) requires any person or persons transacting business under an assumed name (other than their real names) to file a certificate setting for the assumed business name in the county clerk of the county in which business is transacted. The types of businesses that are required to register assumed business names include, sole proprietorships, general partnerships, and professional services corporations. It does not require corporations, limited liability companies (LLC), or limited liability partnerships (LLP) to register their assumed name.
An assumed business name is any name other than that of the individual owner(s) of the business. Example: Abraham Lincoln, P.C. would not need to register as an assumed name, but Lincoln Law would since it is not the actual name of the individual transacting the business as a professional corporation.
In August 2019, the Assumed Business Name Act was amended, to add 805 ILCS 405/1a, effective January 1, 2020. The amendment permits a person or persons transacting business under an assumed name at his or her personal residence, to list the county clerk as the default agent for service if listing their home address would put their safety at risk. Certain conditions must be met in order to list the county clerk.
- The person reasonably believe that publishing his or her home address would put his or her safety at risk, and lists the reasons for that belief on a form submitted to county clerk, which shall be kept confidential;
- The form is accompanied by a court order or police report;
- The person provides the address of his or her residence to the county clerk, which shall be kept confidential.
The amendment further stipulates that the county clerk has a duty to notify the business of service of process on behalf of the business, and may charge a nominal fee for this service. Therefore, effectuating service on an individual or individuals operating under an assumed name can be accomplished through the county clerk, like serving any other registered agent. Whether the individual(s) receive(s) actual notice from the county clerk would not matter for purposes of jurisdiction, although this hasn’t been tested.
Lastly, the act does not list what the court order or police report must state in order, and leaves this question open for interpretation. Must the police report or court order confirm there is a reasonable risk of safety for listing the home address?
Additional Resource: Cook County Application to Register or Amend an Assumed Business Name
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