Start Your Business on Solid Legal Ground

Forming a business entity is one of the most important decisions you will make as a founder or small business owner. Choose the wrong structure, skip the operating agreement, or file incorrectly — and you could spend far more fixing the problem later than you would have spent doing it right the first time.

Fitter Law helps Illinois entrepreneurs form LLCs, S-Corps, and C-Corps with flat-fee pricing, no hidden hourly charges, and attorney guidance from day one. We do this virtually, which keeps our overhead low and your costs predictable.

Business Entity Types We Handle

Illinois LLC Formation

The Limited Liability Company is the most common structure for new Illinois businesses. It offers personal liability protection, pass-through taxation, and flexible management — without the formality of a corporation. Fitter Law handles the complete formation process, including:

• Articles of Organization filed with the Illinois Secretary of State
• Registered agent designation
• EIN procurement
• Member-managed or manager-managed operating agreement drafted for your specific situation
• Initial resolutions and organizational records

S-Corp Election & Formation

An S-Corporation is a tax classification that can reduce self-employment taxes for profitable small businesses. Many Illinois founders elect S-Corp status for an existing LLC or incorporate directly as an S-Corp. We can advise on whether an S-Corp election makes sense for your situation and handle the paperwork with the IRS and Illinois Department of Revenue.

Delaware C-Corp for Venture-Backed Startups

If you are raising outside investment — seed funding, SAFEs, or a Series A — most institutional investors expect a Delaware C-Corporation. Fitter Law forms Delaware C-Corps for Illinois-based founders, handles the Illinois foreign qualification, and sets up your initial governance documents: bylaws, stock ledger, founder vesting agreements, and board resolutions.

Do I Need a Lawyer to Form an LLC in Illinois?

Technically, no. You can file Articles of Organization yourself through the Illinois Secretary of State’s website. But the filing is the easy part.

What online filing services and DIY portals won’t do for you:

• Advise you on which entity type actually fits your business model and goals
• Draft an operating agreement that reflects your actual ownership structure and protects all members
• Flag tax elections that could save you money or create problems down the road
• Identify industry-specific compliance requirements from the start
• Set up your governance in a way that satisfies investors or future partners

A generic operating agreement from a document service treats every business the same. Yours isn’t. Fitter Law provides real attorney guidance at a flat fee — so you know exactly what you’re paying and you get work that actually fits your situation.

LLC vs. S-Corp in Illinois: Which Is Better?

This is one of the most common questions new business owners ask, and the honest answer is: it depends on your revenue, how you plan to pay yourself, and your long-term goals.

Here is a practical overview:

• LLC (default tax treatment): All business income flows to your personal return and is subject to self-employment tax. Simple, flexible, and ideal for early-stage businesses or those with variable income.
• LLC with S-Corp election: Once your net income is consistently above roughly $40,000–$50,000 per year, an S-Corp election may reduce your self-employment tax burden by allowing you to split income between a reasonable salary and distributions. The tradeoff is added administrative complexity — payroll, IRS reporting, and stricter operational formalities.
• Delaware C-Corp: Not a fit for most small businesses due to double taxation, but essential if you are raising venture capital, issuing stock options, or building toward an exit.

Fitter Law attorneys can walk you through the tradeoffs in a consultation and help you make an informed choice — without pushing you toward the most complex (or most profitable for us) option.

How Much Does It Cost to Form an LLC in Illinois?

Illinois charges a state filing fee of $150 for standard LLC formation (as of 2025). That covers the Articles of Organization. What it does not cover is an operating agreement, registered agent service, or any attorney review.

Fitter Law offers flat-fee business formation that includes the filing, operating agreement, EIN, and organizational records. You know the total cost upfront — no hourly billing, no surprise invoices. Visit our pricing page for current plan details.

The Operating Agreement: Why It Matters More Than the Filing

Illinois law does not require an LLC to have an operating agreement — but that does not mean you should skip it. Without one, your business is governed by Illinois’s default LLC statutes, which may not reflect how you and your co-founders actually intend to run things.

A well-drafted operating agreement covers:

• Ownership percentages and capital contributions
• How profits and losses are allocated
• Voting rights and decision-making authority
• What happens if a member wants to leave or sell their interest
• Procedures for adding new members or raising capital
• Dissolution and wind-down procedures

For multi-member LLCs, a thorough operating agreement is one of the most important documents your business will ever have. Disputes between members without a clear agreement are expensive, disruptive, and sometimes fatal to a business.

Business Formation for Cook County and Across Illinois

Fitter Law is a Chicago-based virtual law firm serving founders and small business owners throughout Cook County and across Illinois. Our virtual model means no downtown office overhead — and no billing you for the time it takes us to get to a conference room. You work directly with an Illinois-licensed attorney who knows your business.

We regularly work with businesses in Chicago, Evanston, Oak Park, Naperville, Schaumburg, and communities across the state.

Ready to Form Your Business?

Schedule a free consultation to talk through your entity type, structure, and what formation actually involves for your specific situation. Fitter Law makes business formation straightforward, predictable, and done right from the start.