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Illinois Business Formation Questions & Answers
Q: How can I acquire a defunct company's trademarks in Illinois?

I am interested in acquiring ownership of a defunct company that ceased operations in 1968, along with its key original filed trademarks. Some of these trademarks are still actively used by an owner within the same industry, while others are expired or have limited use. I want to continue the... View More

Patrick A. Twisdale
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answered on May 13, 2025

Trademark rights in the United States are primarily governed by federal law and adjudicated through the U.S. Patent and Trademark Office (USPTO) and the federal court system, rather than through state registration systems. While some states, including Illinois, do maintain their own trademark... View More

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2 Answers | Asked in Estate Planning, Business Formation and Business Law for Illinois on
Q: Conflict between Italian citizen's will and Illinois partnership agreement.

I have a question regarding a conflict between testamentary dispositions and partnership rules. An Italian citizen, who was a resident and deceased in Italy, left a will with provisions contradicting a partnership agreement made years ago in the USA (specifically Illinois). The partnership... View More

Anthony M. Avery
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answered on Mar 17, 2025

You are going to need an IL attorney in addition to the Italian probate attorney. But whatever the decedent actually owned in the partnership will then go through his Estate, regardless what the will claims it is. Decedent does not get to change his partnership contract through a testamentary... View More

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1 Answer | Asked in Business Formation for Illinois on
Q: I'd like to start a small business in the form of a wellness center. What kind of ownership structure would I need?

The wellness center would focus on physical fitness and recovery but would also hope to drive a lot of community value by being very active with the locals in terms of volunteering and events. It would ideally be a holistic approach to serving the community as well as the members themselves. I want... View More

Jennifer Newton
Jennifer Newton
answered on Jun 12, 2024

Choosing the right ownership structure is crucial for both the success of your wellness center and your personal and financial interests. Here are a few options to consider:

Sole Proprietorship: As the sole owner, you would have complete control over the business. This structure is simple...
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1 Answer | Asked in Business Formation for Illinois on
Q: Can you please help me understand if my company requires foreign llc formation

-Business Owners/Cofounders: 3

-Business Nature: Online digital marketing agency offering online services, no physical locations, completely remote work

-Business Owner Locations: Florida, California, Ohio

Jennifer Newton
Jennifer Newton
answered on Jun 12, 2024

To better understand whether your company requires foreign LLC formation, we need to clarify what you mean by "foreign LLC." In general, a foreign LLC refers to an LLC that is registered to do business in a state other than the one in which it was originally formed.

Here are a few...
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1 Answer | Asked in Business Formation and Cannabis & Marijuana Law for Illinois on
Q: Can a person start a small thc edibles business in Illinois?

Is it possible for a person to have a legal business similar to a cottage food license in Illinois for selling edibles containing THC?

Jennifer Newton
Jennifer Newton
answered on Jun 8, 2024

Starting a THC edibles business in Illinois requires obtaining an infuser license from the Illinois Department of Financial and Professional Regulation (IDFPR). THC edibles cannot be produced under a cottage food license due to stricter regulations. Compliance involves ensuring product testing,... View More

1 Answer | Asked in Business Formation, Copyright and Intellectual Property for Illinois on
Q: If I create a non canon character in a canon universe. Can I be held liable?

Example: I want to create a character to use commercially in the Invader Zim universe, without using any of the main characters or storylines.

T. Augustus Claus
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answered on Jan 3, 2024

Creating a non-canon character within an existing universe, such as in the Invader Zim universe, generally falls under the realm of fan fiction or fan-created content. However, the legal implications of using such a character commercially can be complex and may depend on various factors, including... View More

1 Answer | Asked in Business Formation, Business Law and Contracts for Illinois on
Q: Steps to revise operating agreement and add member to LLC in Illinois

I am currently operating an LLC in Illinois with my spouse, and we are considering adding a business partner as a member. We want to revise the operating agreement to include specific operating conditions. What steps should we take to ensure all legal requirements are met and the agreement... View More

James L. Arrasmith
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answered on Jul 5, 2025

To revise your LLC’s operating agreement and add a new member in Illinois, the first step is reviewing your current operating agreement. Look for any provisions outlining how amendments should be made and whether unanimous consent is required. Once you've confirmed the process, hold a formal... View More

1 Answer | Asked in Business Formation, Tax Law and Business Law for Illinois on
Q: Forming an LLC in a different state for an online business based in IL?

I'm considering forming an LLC for my online transaction-based platform, such as a classified ads site, in a state with favorable business laws and tax conditions, like Mississippi or Florida, rather than in my current state of residence, Illinois. The business will operate entirely online,... View More

James L. Arrasmith
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answered on May 15, 2025

Forming an LLC in a state like Mississippi or Florida could be a feasible option if you're looking to take advantage of favorable business laws and tax conditions. Both states offer business-friendly environments, with Florida having no state income tax and Mississippi providing relatively low... View More

1 Answer | Asked in Business Formation, Business Law and Tax Law for Illinois on
Q: Do I need an EIN number as a sole proprietor to hire independent contractors for online services?

I am currently operating as a sole proprietor and considering hiring independent contractors for long-term online services. I have not hired employees or contractors before. Do I need an EIN number to proceed with hiring these contractors, and are there specific steps I should take given I... View More

James L. Arrasmith
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answered on May 15, 2025

You don’t need an EIN to operate as a sole proprietor in general, but once you start hiring independent contractors, having one is highly recommended. While it’s possible to use your Social Security Number (SSN) for filing contractor tax forms, many people prefer to use an EIN for privacy and... View More

1 Answer | Asked in Banking, Business Formation and Contracts for Illinois on
Q: My father has been offered a contract, to purchase distribution rights for his book, needs help from a lawyer

Would like to know if this is a scam or a legitimate offer

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 11, 2024

THIS IS NOT LEGAL ADVICE.

To determine whether the contract offer for distribution rights is legitimate or a potential scam, it’s crucial to have a thorough review of the offer by a lawyer, especially one with experience in intellectual property and publishing contracts. Here are some...
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1 Answer | Asked in Business Formation, Business Law, Tax Law and Immigration Law for Illinois on
Q: Can I start an online business which is related to my study major while on F1 OPT?

I am on my F1 OPT and working full time. I have completed my Masters in Packaging Engineering. Is it possible for me to open up an Etsy/Amazon/Ebay shop that specifically sells packaging for small/home business products? My ultimate goal is to make it a physical business with physical address which... View More

James L. Arrasmith
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answered on Sep 6, 2024

Starting an online business while on F1 OPT is possible, but there are some important factors to consider. OPT regulations require that any work you do be directly related to your field of study. Since you studied Packaging Engineering, you should ensure that the business you start aligns with that... View More

1 Answer | Asked in Contracts, Business Formation and Business Law for Illinois on
Q: We sold our small business with a promissory note to receive payment after one year. Now they won't pay

The pastor has experienced financial difficulty. They have not filed for bankruptcy, however they have received funding from an investment group. The promissory note reads,This Promissory Note shall become due and payable prior to maturity without presentation, demand, protest or notice of any... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 7, 2024

If a written promissory note, signed by the parties, is not paid when due, then the holder of the note may make demand or commence suit. In your case, if the borrower is not offering some other or new solution, it sounds like it is time to commence suit.

2 Answers | Asked in Immigration Law, Business Formation and Business Law for Illinois on
Q: I am in h1b and my Wife is on h4 ead , we would like to start a business. I would like to know if we can establish a LLC

Is it legal and from immigration and tax perspective what are things we need to make sure that we are compliant with law.

T. J. Jesky
T. J. Jesky
answered on Oct 15, 2023

Yes, you can start a LLC in your particular State. The two are not related. In fact, if you lived and were a resident of a foreign country, you can open an LLC in the U.S. You would list yourself and your foregin address, but you would need a resident agent in the State where the LLC is opened.

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1 Answer | Asked in Consumer Law, Banking, Business Formation and Business Law for Illinois on
Q: Is there anything you can do if the lender applies the payment to the principal but does not bring down the balance?
James L. Arrasmith
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answered on Mar 2, 2023

If you believe that your lender has incorrectly applied a payment to the principal without properly bringing down the balance, you should contact your lender directly to discuss the issue and request an explanation. It is possible that there may have been a mistake or a misunderstanding that can be... View More

2 Answers | Asked in Business Formation and Business Law for Illinois on
Q: Do we need to refile articles of incorporation or any other business docs when applying for NFP status for a for-profit

business. Business has been around for 37 years. We want to apply for 501c3 status to diversify our income and open up our services to more contracts and help more people. Currently, mostly are federal grants and we haven't earned profit in years.

T. J. Jesky
T. J. Jesky
answered on Sep 13, 2022

This may be easier than you think. If you want to convert a profit corporation to a non-profit organization all you need to do is complete Illinois Form EOA 205 (provided by the Illinois Secretary of State- a one page form) and send two copies of the completed form to the Secretary of State with... View More

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2 Answers | Asked in Business Formation, Employment Law and Social Security for Illinois on
Q: Can i form an llc for my future box truck business while receiving benefits?

am currently 33yrs old.

Three years ago I was driving semi trucks . Stopped due to multiple surgeries (non-work-related).

Currently on Government Benefits.

Temporary Social security disability

Now present time.

Im close to being fully recuperated so its... View More

T. J. Jesky
T. J. Jesky
answered on Sep 11, 2022

The short answer is: Yes. Go ahead and form the LLC. Let it sit until you are ready to make use of it. Unless there is something you have not disclosed, I don't see how forming a LLC will affect your benefits. However, once income starts flowing through your LLC, it may or may not affect... View More

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1 Answer | Asked in Business Formation and Business Law for Illinois on
Q: What do u need to start a compay? What’s a LLC and how can u get one

What would I need in order to open a taco truck and sell food.

David Luther Woodward
David Luther Woodward
answered on Aug 26, 2022

The first thing you need is a lawyer. You need a lawyer that represents small business who can guide you through the hurdles of setting up an LLC, obtaining permits and licenses, and all the stuff that goes along with being in business.

Good Luck

d

1 Answer | Asked in Bankruptcy, Business Formation, Business Law and Civil Rights for Illinois on
Q: I started a nail salon with someone. She didn’t have money to start it so I let her borrow from me but we didn’t make a

We didn’t make a contract. We worked for a month and a half now but we fell into a disagreement and she left and won’t respond to my calls. I’ve been working alone without even paying myself. How do I proceed from here when she won’t respond to any of my messages and calls.

Timothy Denison
Timothy Denison
answered on Jan 26, 2022

If there’s no agreement, just move forward as if the salon is yours. She has no interest since she provided no investment.

1 Answer | Asked in Business Formation and Business Law for Illinois on
Q: Can I change the name of my current LLC and later reopen a new LLC with my current name?

Can I change the name of my current LLC and later reopen a new LLC with my current name? Or would the name be unavailable? Example: changing my current LLC named "Blue" (that sells clothes) into a new name "red" (and be a completely different business model). In a couple years... View More

Joseph B. LaRocco
Joseph B. LaRocco
answered on Nov 2, 2021

The simple answer is "Yes", as long as that name is still available and no one else has taken it. Once you change the name from Red to Blue, the name Red will be available and someone else might take it. Some states allow you to reserve a company name for a fee. For instance, Delaware... View More

1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for Illinois on
Q: I want to start a cannabis business but licensing is too expensive in Illinois, how legal is it to sell cannabis clones

What is a Cannabis clone? A cannabis plant that is a genetic copy of the mother plant. When obtained from a reputable breeder, a clone is a young female cannabis plant with stable genetics. Growers typically select to raise clones instead of seeds when they would rather not risk getting a plant... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 16, 2021

No, it would not be legal as the State of Illinois requires a very strict licensing, regulation, and eligibility for any cannabis and its derivatives operation in the state.

Besides, such operation does not qualify as a Sec. 503 non-for profit entity as it would be geared towards profit...
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