• The Business Corporation Act establishes the rules for incorporation in Illinois.state seal of illinois image by Jan Ebling from Fotolia.com
  
  A business planning to incorporate in Illinois must comply with the requirements of the state’s Business Corporation Act. The statute provides that a business will be considered incorporated under Illinois law at the point the secretary of state’s office accepts properly drafted articles of incorporation. The Illinois Business Corporation Act, in conjunction with the procedures established by the secretary of state to implement the provisions of the law, comprise the entirety of the rules governing incorporation in the state.
  
  

Business Name

• The Illinois Business Corporation Act requires a business to use a name that is distinguishable from any other business operating in the state to avoid public confusion and to protect the rights of existing businesses. The name of a corporation must contain the word “Corporation ” or “Incorporated,’’ or an abbreviation. The Business Services section of the secretary of state website provides a searchable database where a business owner can research the proposed name of a business and make a preliminary determination if it is available for use before drafting articles of incorporation. The secretary of state’s office also allows business owners to reserve a name for 90 days if needed to accommodate a delay in filing for incorporation.
  
  

Registered Agent

• To incorporate in Illinois, a business must designate a registered agent and registered office that are located in the state. This designation is made as part of the articles of incorporation and must be kept current with the secretary of state’s office. The office maintains the public record of the name and address of the person who can accept service of process on behalf of the corporation.
  
  

Articles of Incorporation

• A business incorporating in Illinois must prepare articles of incorporation. The secretary of state’s website provides a downloadable PDF form that can be used to prepare the document by filling out form fields. The form ensures compliance with the minimum standards set by Illinois law. The form requires five pieces of basic information: the name of the corporation; the name and address of the registered agent; the purpose for which the corporation is organized; the number and value of authorized shares of stock; and the name and address of the person filing the paperwork (the incorporator). The state provides this template as a matter of convenience. A business can draft its own articles and include additional provisions that address special circumstances as long as the articles also contain the minimum information required by law.
  
  

Filing

• Illinois requires a business to file articles of incorporation with the Office of the Secretary of State in Springfield by mail or to file the articles in person at the Springfield or Chicago office and to pay a filing fee. If the corporation wants to request expedited handling of the filing, the filing must be done in person and not by mail. Provided the articles of incorporation are completed correctly, the business is considered incorporated as of the date the paperwork is accepted by the state, regardless of when proof of incorporation is received by the business owner in the mail.
  
  

Recording

• Within 15 days of the secretary of state accepting the articles of incorporation, the corporation must record the articles with the Office of the Recorder of Deeds of the county in which the registered office of the corporation is located. If a corporation cannot meet the 15-day requirement, the articles of incorporation must be recorded as soon as possible.