Business Name Question - Confusing

[pmsmith2032]

This is a bit confusing but hopefully I can explain it properly........a number of years ago I created a corporation in Illinois. About six months ago I dissolved this corporation. Now I want to restart the same type of business but want to open it as a sole proprietorship (with the hopes of converting to a LLC in a number of years if the business takes off)). To open a sole proprietorship I only need to file with our county. My question is whether or not I can use the same name, or do I need to create a new one. I never had any clients (did open a bank account and applied for an EIN number though). Thanks in advance!

[pmsmith2032]

Can anyone help me with my question......I would like to file with the county today. Thanks!

[David Hunter]

I don't know the answer, but if I were you I would contact your county and ask them the question. I would hope they would know. :)

[vangogh]

I agree with David. Probably best to call the county or state and ask. I would think if you dissolved the old business it wouldn't be a problem. As long as no one else is using the name. You can probably just find the Secretary of State website for Illinois (http://www.cyberdriveillinois.com/) and search to see if the name is available. If the county has that information you can search through them. As long as the name is available I can't imagine why you couldn't use it. Someone else would be able to so why wouldn't you?

[pmsmith2032]

Thanks! I doubt the county would know (I already called them and they said that I could file using that name). So I just sent the Illinois Secretary of State an email asking the question. I'm 99% sure that the sole proprietorship won't be a problem.....I'm more worried about being able to convert to a LLC down the road.

[pmsmith2032]

The Secretary of State just told be to contact the Department of Revenue so I'll see what they say!

[Business Attorney]

The Illinois Department of Revenue doesn't exercise control over the names of sole proprietors, though there could be some confusion if you use the same address as you did for the corporation. Even that should not matter unless the corporation failed to file all its required returns and pay all taxes due.

You should just be able to file a new Form REG-1 for your new proprietorship, as far as the Illinois Department of Revenue is concerned.

[huggytree]

hire a business lawyer.....you cant get technical advice like that here

[FastPrintingCo]

I agree, if the business before was dissolved and no one is using the name, you shouldn't have a problem.

[vangogh]

hire a business lawyer.....you cant get technical advice like that here

Do you realize you posted that right after a post by a business attorney who also happens to live and work in the same state as the OP. :)