Frequently Asked Questions: Illinois Registered Agents

What is the legal definition of a Registered Agent in Illinois?

Under 805 ILCS 180/1-35, a registered agent is a designated individual or business entity authorized to receive service of process (lawsuits, summons) and official government correspondence on behalf of an Illinois LLC. The agent must have a physical street address in Illinois (the "registered office").

Can I be my own Registered Agent in Illinois?

Yes. Illinois law permits an LLC member or manager to act as the registered agent, provided they are a resident of the state and maintain a physical street address that is open during normal business hours. However, serving as your own agent means your personal address becomes part of the public record, which may compromise privacy.

What happens if my Illinois Registered Agent resigns?

If an agent resigns by filing Form LLC-1.35 with the Secretary of State, the LLC has 30 days to appoint a new agent. Failure to designate a new registered agent using Form LLC-1.36/1.37 will result in a notice of delinquency and can ultimately lead to the administrative dissolution of the LLC.

Does a Registered Agent need to sign Form LLC-1.36/1.37?

No, the Illinois Secretary of State does not require the new registered agent's signature on the Statement of Change (Form LLC-1.36/1.37). The form must be signed by a manager or member of the LLC with the authority to make the change.

Are there different requirements for Foreign LLCs?

Foreign (out-of-state) LLCs operating in Illinois must also appoint an Illinois-based registered agent when filing the Application for Admission to Transact Business (Form LLC-45.5). The agent must maintain a registered office in Illinois just like domestic entities.