Doing business in Illinois with a Delaware LLC is very common. Since Delaware is known for having a favorable corporate law structure, it is often the most popular domestic choice for filing an LLC.
If your Delaware LLC will operate or have a physical presence in Illinois, you will need to register as a foreign entity in the state. Here's how the process works.
Illinois will require an Application for Admission to Transact Business form, a Certificate of Good Standing from Delaware and a filing fee. Two copies of the application, the Good Standing Certificate, and filing fee must be submitted at the same time to ensure the filing is not delayed.
The time frame to receive the approved documents can vary and will often take more than a month. Please be aware that the application cannot be filed online. Once approved, a stamped copy of the application form will be returned to you by mail.
Keep in mind that the Certificate of Good Standing must be no more than 60 days old or the application will be rejected. Illinois does require that you have a registered agent in that state, however clients will often act as their own Registered Agent if they have a physical address in that state.
If you would prefer not to act as your own registered agent, Harvard Business Services Inc. offers registered agent service in every state. A member or manager of the LLC will need to sign the application, but the signature does not have to be an original.
Publication of the application is not necessary unless specifically required by the county where your Registered Agent resides.
Once registered in Illinois, the state will require you to file an annual report. This report is due the day before the first day of your anniversary month. For example, if your filing date is May 5, you will need to file your annual report to Illinois by April 30. The cost of this report is $250.
If you would like our assistance in handling the entire foreign qualification, we would be happy to help! We can prepare the application, obtain your Certificate of Good Standing, pay the state fee and even walk it in to ensure it is approved in a timely fashion.
Often we get the documents approved and returned to our clients in seven to 10 days.
For assistance in registering your Delaware LLC to operate in Illinois, please call 1-800-345-2677 x6130 or email firstname.lastname@example.org.
THE AUTHOR OF THIS BLOG ARTICLE IS NOT A LAWYER AND HARVARD BUSINESS SERVICES, INC. IS NOT A LAW FIRM. THE ARTICLE ABOVE IS NOT INTENDED AS LEGAL ADVICE AND SHOULD NOT BE TAKEN AS LEGAL ADVICE. THIS SHORT ARTICLE IS STRICTLY TO MENTION SOME ASPECTS OF DELAWARE’S CORPORATION LAWS AND/OR LAWS RELATING TO OTHER FORMS OF ENTITIES WHICH YOU MAY NOT BE FAMILIAR WITH. WE RECOMMEND THAT YOU CONSULT WITH A LAWYER BEFORE FORMULATING A STRATEGY WHICH WILL BE SUITABLE FOR YOUR SPECIFIC CASE.
There are 2 comments left for Doing Business in Illinois with a Delaware LLCRoy said: Wednesday, February 21, 2018
Hello im curious does this apply no Non Profits as well?HBS Staff replied: Monday, February 26, 2018
Yes, typically non-profit corporations also must file for Foreiqn Qualification. We recommend you double-check with your attorney or Registered Agent.Wojciech Lisiewicz said: Friday, January 6, 2017
Hello, I was wondering how much it would cost to register my business, Automotive Marketing Media LLC, in Illinois through Harvard Business Services and how long the whole process would take?HBS Staff replied: Monday, January 9, 2017
We will be happy to assist with your foreign qualification in Illinois. Each state has its requirements for completing this process. Harvard has experienced filing specialists who will obtain all the required documents and prepare and file the specific forms for your state in a timely manner. The cost, including all state and filing fees and the first year of Registered Agent service, will be $912. The typical turnaround is 10-15 business days.
Options for payment include credit card, certified or company check or money order. After payment is received, we will prepare a Certificate of Authority for signature, and forward via email. Once executed, the Authorization document will need to be returned to us. Then the Certificate will be filed with the Division of Corporations later that day. As soon as the approved document is available, we will forward a copy to you for your records. Please let us know if you have any concerns; to initiate this service, feel free to contact us by email or phone at 800-345-2677, Option 1.
For further information on Foreign Qualification, please visit http://blog.delawareinc.com/what-is-foreign-qualification/