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The Illinois LLC 45.5 form is a crucial document for any limited liability company (LLC) seeking to conduct business within the state. This application allows a company to officially register its intent to operate in Illinois, ensuring compliance with state regulations. The form requires specific information, including the LLC's name, jurisdiction of organization, and principal place of business. Additionally, the form asks for details about the registered agent, who must reside in Illinois, and outlines the management structure of the LLC. It also necessitates a Certificate of Good Standing or Existence from the state where the LLC was originally formed. To complete the application, a filing fee of $150 is required, and payment must be made through certified methods. Notably, the form emphasizes the importance of accurate and truthful information, as any misrepresentation could lead to penalties. Understanding the requirements and implications of the Illinois LLC 45.5 form is essential for business owners looking to establish a legal presence in the state.
Things to Know About This Form
What is the purpose of the Illinois LLC 45.5 form?
The Illinois LLC 45.5 form is used to apply for admission to transact business in Illinois as a limited liability company (LLC). This application must be filed with the Secretary of State's office and includes essential information about the LLC, such as its name, registered agent, and business purpose.
What is the filing fee for the Illinois LLC 45.5 form?
The filing fee for the Illinois LLC 45.5 form is $150. Payment must be made using a certified check, cashier’s check, Illinois attorney’s check, C.P.A.’s check, or money order made payable to the Secretary of State. Be aware that if a check is returned for any reason, the filing will be void.
What information is required to complete the form?
To complete the form, you will need to provide the LLC name, assumed name (if applicable), jurisdiction of organization, date of organization, duration of the LLC, principal place of business address, registered agent details, and the purpose of the business. Additionally, you must indicate how the LLC is managed and list the names and addresses of all managers and members with management authority.
Who can serve as a registered agent for the LLC?
The registered agent must be an individual or business entity that resides in Illinois. If a business entity is chosen as the registered agent, it must be authorized to act in this capacity within the state. This agent will be responsible for receiving legal documents on behalf of the LLC.
What is a Certificate of Good Standing, and why is it needed?
A Certificate of Good Standing is a document that verifies that the LLC is properly registered and in compliance with state regulations in its home jurisdiction. This certificate must be authenticated within the last 60 days and submitted with the LLC 45.5 form as part of the application process to ensure that the LLC is legally recognized.
What happens if the application is incomplete or incorrect?
If the application is found to be incomplete or incorrect, it may be rejected, delaying the ability of the LLC to conduct business in Illinois. It is crucial to review all information carefully and ensure that it is accurate before submission to avoid any issues.
Key takeaways
Filling out the Illinois LLC-45.5 form is a crucial step for any limited liability company looking to operate in the state. Here are some key takeaways to keep in mind:
- Clear and Accurate Information: Ensure that all information is filled out clearly and accurately. This includes the LLC name, address, and registered agent details.
- Filing Fee: The filing fee for the LLC-45.5 form is $150. Make sure to include this payment with your application.
- Payment Methods: Payments must be made via certified check, cashier’s check, Illinois attorney’s check, CPA’s check, or money order. Personal checks are not accepted.
- Registered Agent Requirement: Your registered agent must be a resident of Illinois or a business entity authorized to act as an agent in the state.
- Purpose of the LLC: Clearly state the purpose for which your LLC is organized. This is important for compliance with Illinois regulations.
- Certificate of Good Standing: Include a Certificate of Good Standing or Existence, authenticated within the last 60 days, with your application.
- Management Structure: Indicate whether your LLC is managed by managers or has management vested in members. This distinction is essential for governance.
- Affirmation of Accuracy: The application must be signed by someone with authority to do so, affirming that all information is true and correct under penalties of perjury.
By keeping these points in mind, you can navigate the process of completing the Illinois LLC-45.5 form with confidence and clarity.
Common mistakes
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Incorrect Name Selection: Many applicants fail to choose a name that complies with Illinois naming requirements. The name must include "Limited Liability Company," "LLC," or "L.L.C." and cannot contain terms like "Corporation" or "Incorporated."
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Missing Registered Agent Information: Some people neglect to provide accurate details for their registered agent. The agent must reside in Illinois, and if it is a business entity, it must be authorized to act as an agent in the state.
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Improper Address Format: Applicants often submit addresses that do not meet the form's requirements. P.O. Boxes or "c/o" addresses are not acceptable for the principal place of business or registered office.
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Omitting Required Documents: It is common for individuals to forget to include the Certificate of Good Standing or Existence. This document must be authenticated within the last 60 days.
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Failure to Sign the Application: Some applicants overlook the importance of signing the form. The application must be signed by someone with the authority to do so, affirming its accuracy under penalties of perjury.
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Incorrect Payment Method: Applicants sometimes use an unacceptable form of payment. Only certified checks, cashier's checks, Illinois attorney's checks, C.P.A.'s checks, or money orders payable to the Secretary of State are valid.
How to Fill Out Illinois Llc 45 5
Completing the Illinois LLC 45.5 form is an essential step for any limited liability company looking to conduct business in the state. The following instructions will guide you through the process of filling out the form accurately and efficiently. Ensure you have all necessary information ready before you begin.
- Limited Liability Company Name: Write the full name of your LLC as it will appear in official documents. Ensure it includes "Limited Liability Company," "LLC," or "L.L.C."
- Assumed Name: If your LLC name is unavailable, provide an assumed name. If applicable, note that you will need to submit form LLC 1.20 with this application.
- Jurisdiction of Organization: Indicate the state or country where your LLC was originally formed.
- Date of Organization: Enter the date your LLC was officially formed.
- Period of Duration: Specify the duration of your LLC. If it is perpetual, write "perpetual." If there is a specific end date, provide that date.
- Principal Place of Business Address: Fill in the complete address of your LLC's main office. Do not use a P.O. Box or "c/o."
- Registered Agent: Provide the name of your registered agent. This person must reside in Illinois. If the agent is a business entity, confirm it is authorized to act in Illinois.
- Registered Office Address: Enter the address of your registered agent's office. Again, avoid using a P.O. Box or "c/o."
- Date of First Business Conducted in Illinois: If applicable, state when your LLC first began operations in Illinois.
- Purpose of Organization: Clearly describe the purpose for which your LLC is organized and intends to conduct business in Illinois.
- Management Structure: Check the appropriate box to indicate whether your LLC is managed by managers or if management is vested in the members.
- List of Managers and Members: Provide the names and business addresses of all managers and any member with managerial authority.
- Agent for Service of Process: Acknowledge that the Illinois Secretary of State is appointed as the agent for service of process for your LLC.
- Certificate of Good Standing: Attach a Certificate of Good Standing or Existence, authenticated within the last 60 days, from the state or country where your LLC was formed.
- Signature: The application must be signed by someone with authority. Include the date, your signature, your printed name, title, and the name of the company if signing on behalf of an entity.
After completing the form, review all entries for accuracy. Ensure that the required filing fee of $150 is included, and submit your application to the Secretary of State's office. Keep a copy of your submission for your records.
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