Skip to content
All posts

What steps do I need to take to form an LLC in Illinois, and what are the potential advantages and disadvantages of doing so?

To form an LLC in Illinois, you need to follow the following steps:

  1. Choose a name for your LLC: The name of your LLC must be unique and must not be the same as the name of any other LLC registered in the state of Illinois.
  2. File articles of organization: You need to file articles of organization with the Illinois Secretary of State. The articles of organization must include the name and address of the LLC's registered agent, the purpose of the LLC, and the names and addresses of the LLC's members.
  3. Obtain an EIN: An EIN (Employer Identification Number) is necessary for tax purposes. You can obtain an EIN from the IRS.
  4. Draft your LLC operating agreement: An operating agreement is not legally required in Illinois, but it is recommended for every LLC. An operating agreement outlines the rules and procedures for operating the LLC.
  5. Register with the Illinois Department of Revenue: If your LLC will be selling goods or services in Illinois, you need to register with the Illinois Department of Revenue and obtain a tax identification number.
  6. Obtain necessary permits and licenses: Depending on the nature of your business, you may need to obtain additional permits and licenses from the state of Illinois or your local government.
  7. Open a bank account: To keep your business finances separate from your personal finances, you should open a separate bank account for your LLC.

The potential advantages of forming an LLC in Illinois include:

  1. Limited liability protection: LLC owners' personal assets are protected from the LLC's debts and liabilities.
  2. Pass-through taxation: The LLC's income is passed through to the members and taxed on their personal tax returns. This avoids double taxation that can occur with a corporation.
  3. Flexible management structure: LLCs can be managed by the members themselves or by outside managers.
  4. More relaxed formalities: LLCs do not have to hold annual meetings or keep formal minutes.

The potential disadvantages of forming an LLC in Illinois include:

  1. Higher fees: LLCs in Illinois must pay an annual fee of $75, whereas corporations only pay $25.
  2. Greater difficulty in raising capital: LLCs are less attractive to investors because they cannot issue stock.
  3. Termination: In Illinois, an LLC is terminated if any member withdraws or dies, unless the operating agreement provides otherwise.

It is important to note that this advice is intended for general informational purposes only and should not be relied upon as a substitute for legal advice from a licensed attorney. If you have further questions or concerns about forming an LLC in Illinois, you should consult with a qualified attorney.