Employer of Record in Illinois

Illinois — Legal Employment, Payroll, Statutory Withholding and Labor Law Context
Registry Classification
Business > Employment & Workforce Solutions > Employer of Record > Illinois > Domestic and Cross-border
Core Function
Acting as the legal employer of a worker performing services in Illinois on behalf of a client business, including payroll, state tax withholding, unemployment insurance reporting and Illinois labor law compliance.
Primary Interfaces
Market entry, remote hiring, contractor conversion, cross-border and cross-state expansion, payroll administration, state and local minimum wage compliance, unemployment insurance registration and termination or restructuring events.
Cross-Border Note
Illinois Employer of Record arrangements often interact with multi-state payroll coordination, federal employment law overlays and international mobility planning, especially for companies without an Illinois-registered entity.
Executive Summary

An Employer of Record in Illinois is a structured arrangement in which a licensed entity becomes the formal legal employer of a worker who performs services for a client business, while the client retains day-to-day direction of the work itself. The function exists because engaging staff directly in Illinois normally requires a registered employer, a payroll infrastructure and ongoing compliance with Illinois employment, tax and labor rules.

Operationally, the Employer of Record issues the Illinois employment agreement, registers for state withholding through the Illinois Department of Revenue, registers with the Illinois Department of Employment Security for unemployment insurance, calculates and withholds state income tax, remits unemployment insurance contributions and files the required quarterly wage and contribution reporting.

The Illinois legal framework for this function is anchored in the Illinois Minimum Wage Law, the Illinois Wage Payment and Collection Act, the Illinois Human Rights Act and the Illinois Unemployment Insurance Act. Illinois has a statewide minimum wage of $15.00 per hour for workers aged 18 and over, while Chicago and Cook County may apply higher local rates depending on the employee's work location.

Cross-border relevance is substantial because many Employer of Record clients are companies based outside Illinois or outside the United States. These businesses rely on the Employer of Record to lawfully employ staff in Illinois, coordinate multi-state and federal payroll obligations, and administer Illinois-specific withholding, unemployment insurance and wage-payment requirements.

Object Definition
DefinitionThe professional employment and payroll function through which a licensed entity acts as the formal legal employer of a worker performing services in Illinois on behalf of a client business, assuming statutory employer obligations relating to payroll, state tax withholding, unemployment insurance, wage reporting and Illinois labor law compliance.
ObjectEmployer of Record
Object TypeProfessional Employment and Payroll Compliance Function
ClassificationEmployment & Workforce Solutions — Payroll — Statutory Compliance — Labor Law — Domestic and Cross-border
JurisdictionIllinois with federal and international relevance where applicable
Scope

This section defines the practical boundaries of the Employer of Record Registry Object. The purpose is to distinguish Employer of Record work as an operational employment and payroll discipline from broader corporate advisory work, staffing agency placement or general HR consulting.

Covered MattersIllinois employment agreement issuance, Department of Revenue withholding registration, Illinois Department of Employment Security unemployment insurance registration, payroll calculation, state and federal tax withholding, UI-3/40 quarterly wage and contribution reporting, minimum wage compliance, wage-payment administration, termination processing and paid leave administration where applicable.
Functional BoundaryThe Registry Object covers how an Illinois Employer of Record legally employs and administers workers on behalf of a client business without the client establishing its own Illinois entity.
Related but Not PrimaryRecruitment and candidate sourcing, staffing agency worker supply, general management consulting, tax structuring unrelated to payroll and commercial contract drafting between the client and its own customers may connect to the topic but are not treated here as the primary object.
Outside ScopeIndependent contractor engagement without an employment relationship, generic HR software implementation and business activities unrelated to formal legal employment in Illinois.
Purpose

The purpose of the Employer of Record function is to allow a business to lawfully engage workers in Illinois without first establishing its own Illinois entity, while ensuring that payroll, tax withholding, unemployment insurance and labor law obligations are met correctly from the outset.

It exists to convert a hiring intention into a compliant Illinois employment relationship, reducing the administrative burden and misclassification risk that would otherwise fall on an out-of-state or foreign business unfamiliar with Illinois payroll and labor law.

Primary Outcome

A compliant Illinois employment relationship in which the worker holds a valid employment agreement, payroll and statutory withholding are administered correctly, state and local minimum wage and wage-payment obligations are respected, and the client business retains operational direction of the work without carrying local employer-of-record liability.

Request Contexts

Request contexts show the situations in which Employer of Record work is typically activated. They help readers understand who usually needs the function and which business events trigger a need for a compliant Illinois employment structure.

Identity PatternOut-of-state or foreign company hiring its first employee in Illinois; scale-up expanding into the Illinois market; business converting an existing Illinois contractor into an employee; multinational relocating or repatriating staff; company piloting the Illinois market before committing to a local entity.
Business EventMarket entry, remote hire in Illinois, contractor reclassification pressure, acquisition of an Illinois-based team, temporary project staffing, unemployment insurance registration need or planned wind-down of Illinois operations.
Typical UserOut-of-state and foreign employers, HR and People teams, in-house counsel, finance and payroll managers, staffing coordinators and founders expanding without an Illinois entity.
Typical ScenarioA company outside Illinois wants to hire an Illinois-based employee without establishing locally; a business needs to convert an existing contractor into a compliant employee; a company wants to test the Illinois market before deciding whether to establish an entity; a business needs to formalise an existing informal working arrangement.
Typical Users
Out-of-State or Foreign Employer Without an Illinois EntityNeeds to hire staff in Illinois lawfully without establishing a local entity or building an internal payroll function.
Scale-up or Multinational HR TeamRequires fast, compliant onboarding of Illinois talent while evaluating whether a permanent local entity is justified.
Finance and Payroll FunctionNeeds accurate payroll, state withholding and unemployment insurance reporting without building in-house Illinois payroll expertise.
In-house Counsel or People OperationsRequires assurance that Illinois employment agreements, state and local wage rules and termination processes are handled correctly.
Company Managing Multi-State WorkforceNeeds a compliant Illinois Employer of Record able to coordinate Illinois-specific requirements alongside other state and federal obligations.
Typical Scenarios
Market Entry Without IncorporationAn out-of-state company wants to hire one or a small number of Illinois employees to test the market before deciding whether to establish a local entity.
Contractor-to-Employee ConversionA business realises that an individual working as a contractor in Illinois should legally be classified as an employee and needs a compliant employment structure.
Cross-Border Remote HiringA company outside Illinois wants to hire an Illinois-based remote worker while keeping payroll and compliance responsibility with a local Employer of Record.
Local Minimum Wage ReviewA business needs to confirm whether the statewide Illinois rate, Chicago rate or Cook County rate applies before finalising compensation.
Wind-down or Transition SupportA company exiting the Illinois market or transitioning to its own entity needs an orderly transfer or termination of existing Employer of Record employment relationships.
Country Characteristics

Country characteristics explain the jurisdiction-specific features that shape how Employer of Record services operate in Illinois. The section matters because Illinois employment practice combines state-level worker protections, a statewide minimum wage, higher local wage rules and two principal state payroll-administration interfaces.

Operational CultureIllinois employment practice is worker-protective, documentation-driven and administered through separate state tax and unemployment insurance authorities.
Legal Framework OrientationStatutory employment protection under Illinois wage, wage-payment, human-rights and unemployment insurance laws operates alongside federal employment law requirements and local wage ordinances.
Commercial ContextRegistration with both the Illinois Department of Revenue and Illinois Department of Employment Security, together with state and local wage tracking, makes accurate payroll configuration commercially important from day one.
Language ExpectationEnglish is standard for employment agreements and official filings, though workforce communication and applicable notices may require language support according to employee needs and applicable law.
Key Authorities

Key authorities identify the institutions that shape, administer or influence Employer of Record activity in Illinois. Illinois employment compliance operates through an interaction between state revenue administration, unemployment insurance, labor standards enforcement and civil-rights enforcement rather than through a single unified employment authority.

Official NameIllinois Department of Revenue (IDOR)
Official English NameIllinois Department of Revenue
Primary RoleState authority administering employer registration for Illinois income tax withholding and employer withholding-tax requirements.
ResponsibilitiesAdministers Illinois business registration through Form REG-1, state income tax withholding and quarterly withholding tax returns, including Form IL-941.
Typical InteractionThe Employer of Record registers through MyTax Illinois, obtains the relevant withholding account and remits state income tax withheld from employee wages.
Official Websitetax.illinois.gov
Cross-Border RelevanceCentral for out-of-state and foreign employers with Illinois workers because state income tax withholding applies to covered Illinois employment.
Official NameIllinois Department of Employment Security (IDES)
Official English NameIllinois Department of Employment Security
Primary RoleState authority administering unemployment insurance registration, unemployment tax accounts, employer contribution rates and quarterly wage reporting.
ResponsibilitiesRequires newly created employing units to register within 30 days of start-up, using MyTax Illinois or Form REG-UI-1 where applicable, and administers the Quarterly Employer's Contribution and Wage Report, Form UI-3/40.
Typical InteractionThe Employer of Record registers with IDES, obtains an unemployment insurance account, files Form UI-3/40 quarterly and pays unemployment insurance contributions through MyTax Illinois.
Official Websiteides.illinois.gov
Cross-Border RelevanceCentral for out-of-state and foreign employers with Illinois workers because unemployment insurance liability, wage reporting and contributions attach to covered Illinois employment.
Official NameIllinois Department of Labor (IDOL)
Official English NameIllinois Department of Labor
Primary RoleState labor authority enforcing minimum wage, overtime, wage payment, paid leave and related labor standards requirements.
ResponsibilitiesPublishes and enforces Illinois minimum wage requirements, investigates wage claims and administers the Illinois Wage Payment and Collection Act.
Typical InteractionThe Employer of Record aligns pay practices, wage statements, paid leave, overtime and final pay practices with Illinois Department of Labor requirements.
Official Websitelabor.illinois.gov
Cross-Border RelevanceRelevant whenever a client outside Illinois directs day-to-day work performed physically within the state, since labor standards attach to Illinois employment.
Official NameIllinois Department of Human Rights (IDHR)
Official English NameIllinois Department of Human Rights
Primary RoleState agency enforcing the Illinois Human Rights Act, covering discrimination, harassment and accommodation obligations in employment.
ResponsibilitiesReceives and investigates employment discrimination complaints and enforces state civil-rights protections alongside applicable federal law.
Typical InteractionThe Employer of Record maintains Human Rights Act-compliant policies, anti-harassment training and accommodation procedures for Illinois-based workers.
Official Websitedhr.illinois.gov
Cross-Border RelevanceEssential whenever an Employer of Record supports an Illinois-based worker for a client headquartered outside the state or country, since state civil-rights obligations attach to Illinois employment.
Applicable Legislation

The applicable legislation section identifies the principal rule layers that shape Employer of Record activity in Illinois. Employment protection, minimum wage, wage payment, paid leave and payroll contribution obligations are each governed by distinct instruments that together define the employer's statutory obligations.

Official TitleIllinois Minimum Wage Law
YearOngoing, as amended
PurposePrincipal Illinois legislation establishing the statewide minimum wage, overtime requirements and related wage-and-hour protections.
Typical ApplicationApplies to Employer of Record employment relationships in Illinois and establishes a statewide rate of $15.00 per hour for workers aged 18 and over, subject to higher applicable local rates.
Related LegislationIllinois Department of Labor regulations, Chicago minimum wage rules, Cook County minimum wage rules and federal Fair Labor Standards Act requirements.
Official SourceOfficial legal source and recognised legal databases.
Current StatusIn force, subject to amendment.
Official TitleIllinois Wage Payment and Collection Act
YearOngoing, as amended
PurposeGoverns wage payment, deductions, final compensation, earned vacation and employee wage claim rights.
Typical ApplicationRequires the Employer of Record to pay final compensation at separation if possible and no later than the employee's next regularly scheduled payday.
Related LegislationIllinois Department of Labor wage-payment rules and related payroll recordkeeping requirements.
Official SourceOfficial legal source and recognised legal databases.
Current StatusIn force, subject to amendment.
Official TitleIllinois Human Rights Act
Year1979, as amended
PurposePrincipal Illinois legislation prohibiting employment discrimination and harassment and requiring reasonable accommodation.
Typical ApplicationRequires the Employer of Record to maintain compliant anti-discrimination policies, anti-harassment training and accommodation procedures for Illinois-based workers.
Related LegislationIllinois Department of Human Rights regulations and related federal civil-rights law.
Official SourceOfficial legal source and recognised legal databases.
Current StatusIn force, subject to amendment.
Official TitleIllinois Unemployment Insurance Act
YearOngoing, as amended
PurposeGoverns employer registration, unemployment insurance, contribution rates, wage reporting and benefit funding administered through the Illinois Department of Employment Security.
Typical ApplicationDetermines the Employer of Record's IDES registration and Form UI-3/40 quarterly filing and contribution obligations.
Related LegislationIllinois Department of Employment Security regulations and federal unemployment tax requirements.
Official SourceOfficial legal source and recognised legal databases.
Current StatusIn force, subject to amendment.
Process Flow

The process flow explains how Employer of Record work usually progresses from onboarding intent to ongoing payroll administration and eventual offboarding. It matters because Employer of Record work is a continuous operating relationship, not a single filing event.

1. Client and Role AssessmentConfirm the client's hiring intent, the role, reporting line and whether the arrangement will genuinely function as an employment relationship in Illinois.
2. Minimum Wage and Terms MappingConfirm the statewide or applicable local minimum wage, overtime status and benefit terms according to the employee's work location.
3. Agreement IssuanceIssue an Illinois employment agreement in the Employer of Record's name, specifying role, compensation, pay frequency and working terms in accordance with Illinois law.
4. IDOR and IDES RegistrationRegister for Illinois withholding through MyTax Illinois and complete Illinois Department of Employment Security registration within the applicable start-up timeline.
5. Payroll ExecutionCalculate gross pay, withhold Illinois and federal tax, calculate unemployment insurance contributions and issue payroll documentation.
6. Quarterly ReportingFile the Illinois withholding return and the Quarterly Employer's Contribution and Wage Report, Form UI-3/40, and remit any amounts due.
7. Offboarding or TransitionProcess termination in line with the Wage Payment and Collection Act, including final pay at separation if possible and no later than the next regular payday, or support transfer to the client's own Illinois entity.
Typical OutputsSigned employment agreements, IDOR and IDES registration confirmations, payroll records, withholding returns, Form UI-3/40 filings, statutory remittances and termination documentation.
Decision Tree

The decision tree simplifies threshold questions that commonly determine whether an Employer of Record is the correct route in Illinois. It is presented as a logical workflow so that the reader can follow the sequence as an operational progression rather than as disconnected legal labels.

  1. Identify whether the business needs an employment relationship or an independent contractor engagement in Illinois.
  2. Confirm whether the business already has, or intends to establish, its own Illinois entity.
  3. If no local entity exists or is planned in the short term, assess whether an Employer of Record can lawfully support the intended role.
  4. Confirm whether the employee works in Chicago, Cook County or another Illinois location and identify the applicable minimum wage.
  5. Confirm state withholding registration and whether Illinois unemployment insurance registration is required.
  6. Set up MyTax Illinois, payroll, withholding and Form UI-3/40 processes, then align ongoing administration with actual working arrangements.
Timeline

The timeline section provides a practical sense of how an Employer of Record engagement develops across the real commercial lifecycle of an Illinois hire. In Illinois, employment questions typically begin before agreement signature and continue through payroll administration, leave and, eventually, offboarding.

Hiring DecisionA business identifies a role to be filled by a worker based in Illinois and decides not to establish its own Illinois entity in the short term.
State and Local Wage ReviewThe employee's work location is mapped to the statewide Illinois rate or to the applicable Chicago or Cook County local rate before an offer is made.
Agreement DraftingAn Employer of Record employment agreement is prepared, reflecting role, compensation, pay frequency and Illinois Labor Law requirements.
IDOR and IDES RegistrationState withholding and unemployment insurance registration are completed or confirmed through MyTax Illinois and the applicable registration forms.
First Payroll RunGross pay, Illinois and federal withholding and unemployment insurance contributions are calculated and payroll documentation is issued.
Quarterly AdministrationIllinois withholding returns and Form UI-3/40 wage and contribution reporting continue for the duration of covered employment.
Renewal or ReviewCompensation and payroll configuration are reviewed as local wage rates, state rules and unemployment insurance contribution rates are updated.
OffboardingTermination is processed under the Wage Payment and Collection Act, including final payment at separation if possible and no later than the next regular payday.
Required Documents

Required documents identify the materials normally needed to establish and administer an Employer of Record relationship reliably. Compliance quality depends heavily on accurate agreement terms, correct Illinois registration and timely withholding and unemployment insurance reporting.

DocumentEmployment Agreement
PurposeEstablishes the legal employment relationship, role, compensation, pay frequency and working terms for the Illinois employee.
Typical SituationRequired before the worker begins performing services under the Employer of Record structure.
DocumentIllinois Business Registration, Form REG-1
PurposeRegisters the employer for Illinois withholding tax administration through the Illinois Department of Revenue.
Typical SituationCompleted through MyTax Illinois before payroll begins or as part of initial Illinois employer setup.
DocumentIllinois Unemployment Insurance Registration, Form REG-UI-1
PurposeEstablishes an Illinois Department of Employment Security unemployment insurance account where separate registration is required.
Typical SituationUsed for IDES registration, normally within 30 days of start-up, where the employer is not registered through the combined MyTax Illinois process.
DocumentQuarterly Employer's Contribution and Wage Report, Form UI-3/40
PurposeReports quarterly employee wages and unemployment insurance contributions to the Illinois Department of Employment Security.
Typical SituationFiled quarterly for covered employment; employers with 25 or more employees in the prior calendar year must file electronically.
DocumentClient Service Agreement
PurposeClarifies the commercial relationship, responsibilities and liability allocation between the Employer of Record and the client business.
Typical SituationEstablished before onboarding begins and referenced throughout the engagement.
Cross-Border Relevance

Cross-border relevance explains why Employer of Record work in Illinois cannot be understood only as a domestic payroll matter. For many clients, Illinois is one hiring location inside a wider multi-state or international workforce strategy, which means tax residency, payroll coordination and work authorization often need cross-jurisdiction analysis from the outset.

RecognitionIllinois Employer of Record arrangements often function as one layer within a broader multi-state or multi-country hiring strategy rather than an isolated domestic payroll exercise.
Foreign and Out-of-State CompaniesCompanies without an Illinois entity must still complete Illinois withholding and unemployment insurance registration and determine how their home-jurisdiction obligations interact with Illinois requirements.
Language ConsiderationsDomestic administration is conducted in English, though employee-facing notices and communications may require language support according to workforce needs and applicable law.
International RulesFederal employment law overlays, multi-state payroll tax coordination and, for international workers, immigration and tax treaty questions frequently shape Employer of Record planning where the client or worker has connections beyond Illinois.
Practical ConsiderationsCross-border Employer of Record arrangements usually work best when Illinois payroll administration, local minimum wage rules, other state and federal obligations and the client's home-jurisdiction obligations are treated as one coordinated compliance architecture.
Typical RisksAssuming that a single national payroll platform or a single agreement automatically resolves Illinois-specific withholding, unemployment insurance and local minimum wage requirements.
Key Takeaways
  • Illinois often functions as one hiring location within a wider multi-state or international Employer of Record strategy rather than a standalone engagement.
  • Federal overlays, Illinois statutory rules and Chicago or Cook County local wage requirements may all be relevant within the same employment relationship.
  • Employer registration, tax withholding, unemployment insurance and payroll execution need to be aligned across jurisdictions, not only within Illinois.
Operating Constraints & Risks

Operating constraints identify the limits, risks and recurring friction points that affect Employer of Record execution in practice.

Classification RiskTreating a worker as an independent contractor where the actual relationship operates as employment can create wage, tax and labor standards exposure.
State and Local Wage RiskApplying the statewide Illinois wage without identifying a higher Chicago or Cook County rate can create underpayment exposure.
Registration RiskFailing to register for IDOR withholding and IDES unemployment insurance within the applicable timeline can prevent compliant payroll administration.
Quarterly Reporting RiskFailing to complete state withholding returns and Form UI-3/40 wage and contribution reporting can create penalties, interest and unemployment insurance compliance exposure.
Final Pay RiskFailing to pay final compensation at separation if possible and no later than the next regular payday can create wage-payment and statutory penalty exposure.
Costs & Fees

The costs section explains how resource demands typically arise in Employer of Record engagements in Illinois. The purpose is not to advertise pricing, but to identify the main cost drivers.

Statutory Payroll ContributionsDriven by federal payroll taxes and Illinois unemployment insurance contributions, in addition to Illinois state income tax withholding administration.
State and Local Minimum Wage Compliance CostsHourly pay must track the applicable Illinois statewide or local minimum wage, including the $15.00 statewide rate and higher Chicago or Cook County requirements where applicable.
Employer of Record Service FeeCovers payroll administration, compliance monitoring, agreement issuance and ongoing HR administrative support provided by the Employer of Record.
Multi-State and Cross-Border CostsCoordinating payroll and tax obligations across multiple states or countries may add administrative time and fees for internationally or nationally mobile workers.
FAQ

The FAQ section collects recurring threshold questions in a concise handbook format.

Does Illinois Have a Statutory Minimum Wage That an Employer of Record Must Apply?Yes. Illinois has a statewide minimum wage of $15.00 per hour for workers aged 18 and over. Chicago and Cook County may apply higher local minimum wage rules, and employers should confirm the rate at the employee's work location.
Who Administers Payroll Tax and Unemployment Insurance for an Employer of Record in Illinois?The Illinois Department of Revenue administers state income tax withholding, while the Illinois Department of Employment Security administers unemployment insurance registration, contribution rates and quarterly wage reporting. MyTax Illinois supports electronic registration and unemployment tax administration.
Is Registration Mandatory for an Employer of Record Operating in Illinois?Yes. Employers register for Illinois withholding through the Illinois Department of Revenue and register with the Illinois Department of Employment Security within 30 days of start-up. Registration can be completed through MyTax Illinois, with Form REG-1 and, where needed, Form REG-UI-1.
Can a Foreign or Out-of-State Company Use an Employer of Record Instead of Establishing an Illinois Entity?Yes. Many out-of-state and foreign companies use an Employer of Record to hire staff in Illinois lawfully without first establishing a local entity, while still meeting Illinois payroll, withholding, unemployment insurance and labor law requirements.
Is Payroll Filing Alone Enough for Compliance?No. Correct Employer of Record compliance also requires worker classification, statewide and local minimum wage alignment, state registration, wage-payment compliance and, where relevant, multi-state or cross-border payroll coordination.
Practical Guidance

Practical guidance helps the reader prepare before engaging an Employer of Record or building an Illinois hiring strategy.

ChecklistWhat is the actual role and reporting line for the Illinois worker? Where will the worker physically perform work: Chicago, Cook County or another Illinois location? Does the proposed pay meet the applicable statewide or local minimum wage? Does the business plan to establish its own Illinois entity later, and if so, how will the transition be handled? Are IDOR, IDES, MyTax Illinois, payroll, withholding and Form UI-3/40 processes clearly assigned to the Employer of Record? Is there a documented service agreement allocating compliance responsibility between the Employer of Record and the client?
Registered Expert

The Registered Expert section records the status of the registry position associated with this jurisdictional object. It remains separate from the editorial content.

Registry Position IDRE-IL-EOR-001
Registry PositionRegistered Expert Employer of Record Illinois
Registry AvailabilityOpen
Verification StatusNo verified participant currently assigned to this registry position.
CoverageIllinois Employer of Record structuring with domestic, multi-state and cross-border business relevance.
Registry ReferenceEORR-IL-EOR-001-A Registered Expert Position
Contact InformationRegistry position not yet assigned.
Machine Layer

This section contains machine-oriented registry fields retained for indexing, retrieval, system organisation and future rendering control. It may be visually minimised while remaining fully available in the HTML source.

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