To start a small business in Illinois, there are several legal requirements that need to be met:
- Choosing a Business Structure: The first step is to choose a legal structure appropriate for your business, such as a sole proprietorship, partnership, LLC or corporation. The chosen structure will determine how the business is taxed, the extent of personal liability of the owner(s), and other legal requirements.
- Naming the Business: The business name must comply with the Illinois Business Corporation Act and be distinguishable from other businesses' names registered in the state. It is also advisable to register the trade name with the Illinois Secretary of State.
- Registering the Business: The business must be registered with the Illinois Secretary of State by filing the Articles of Incorporation or Articles of Organization (for LLCs). Sole proprietorships and general partnerships may choose to register their business name with the county clerk where the business is located.
- Obtaining Licenses and Permits: Certain businesses require state or local licenses and permits to operate. The Illinois Department of Commerce and Economic Opportunity provides resources to identify the licenses and permits required for specific businesses.
- Registering for Taxes: Most businesses will need to register for state and local taxes. To register, businesses must obtain an Employer Identification Number (EIN) from the IRS.
- Obtaining Insurance: Depending on the nature of the business, some insurance policies may be required, such as workers' compensation insurance, liability insurance, and property insurance.
It is essential to consult with an attorney to ensure compliance with all applicable laws and regulations. Failure to comply with legal requirements may result in fines, penalties, and legal liabilities. Additionally, each business may have unique legal requirements and considerations based on their industry, making legal advice critical for a successful and compliant business.
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