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What are the legal requirements for starting a small business in Illinois?

As a lawyer, I can advise that there are certain legal requirements for starting a small business in Illinois. The first step in starting a small business in Illinois is to choose a legal structure. There are several legal structures to choose from, including:

  • Sole proprietorship
  • Partnership
  • Limited liability company (LLC)
  • Corporation.

Sole proprietorship is the simplest and least expensive legal structure, but it offers no protection to the owner's personal assets in case the business faces liability, and the owner is responsible for all business debts and obligations.

A partnership is a legal structure used by multiple individuals sharing ownership in a business, but each partner is responsible for the partnership's debts and obligations.

LLC is a popular legal structure because it offers both flexibility in tax treatment and liability protection for the owner's personal assets. LLCs require articles of organization to be filed with the Illinois Secretary of State, and annual reports must be filed.

Corporation is another popular legal structure and provides the strongest liability protection to business owners, but it is more expensive and complicated to set up than other legal structures. Corporations require articles of incorporation to be filed with the Illinois Secretary of State, and annual shareholder meetings are required.

Once a legal structure has been chosen, the business owner must register with the Illinois Secretary of State. The registration process may vary depending on the legal structure selected.

Before starting a business, the owner must also obtain necessary licenses, permits, and registrations. These licenses and permits may be required at the state, county, and municipal levels.

It is important to note that certain small businesses may be exempt from certain license requirements or may be eligible for limited permit exemptions. It is always recommended that the business owner seek legal advice or counsel to understand their business's specific legal requirements and obligations.

In conclusion, starting a small business in Illinois requires careful consideration and adherence to legal requirements. Choosing an appropriate legal structure and obtaining necessary licenses and permits is necessary to ensure that the business is legally compliant and set up for success. Business owners are encouraged to seek legal advice or counsel to understand their specific legal requirements and obligations.