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| Public Act 101-0578 | ||||
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The General Not For Profit Corporation Act of | ||||
1986 is amended by changing Sections 114.05 and 115.20 as | ||||
follows:
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(805 ILCS 105/114.05) (from Ch. 32, par. 114.05)
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Sec. 114.05. Annual report of domestic or foreign
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corporation. Each domestic corporation organized under this
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Act, and each foreign corporation authorized to conduct
affairs | ||||
in this State, shall file, within the time
prescribed by this | ||||
Act, an annual report setting forth:
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(a) The name of the corporation.
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(b) The address, including street and number, or rural | ||||
route number, of
its registered office in this State, and | ||||
the name of its
registered agent at such address.
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(c) The address, including street and number, or rural | ||||
route number if any, of
its principal office.
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(d) The names and respective addresses,
including | ||||
street and number, or rural route number, of its directors | ||||
and
officers.
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(e) A brief statement of the character of the affairs | ||||
which the
corporation is actually conducting from among the | ||||
purposes authorized in
Section 103.05 of this Act.
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(f) Whether the corporation is a Condominium | ||
Association as
established
under the Condominium Property | ||
Act, a Cooperative Housing Corporation
defined in Section | ||
216 of the Internal Revenue Code of 1954 or a Homeowner
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Association which administers a common-interest community | ||
as defined in
subsection (c) of Section 9-102 of the Code | ||
of Civil Procedure.
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(g) Such additional information as may be necessary or
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appropriate in order to enable the Secretary of State to
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administer this Act and to verify the proper amount of fees
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payable by the corporation.
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Such annual report shall be made on forms prescribed and
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furnished by the Secretary of State, and the information
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therein required by subsections (a) to (d), both inclusive,
of | ||
this Section, shall be given as of the date of the
execution of | ||
the annual report. It shall be executed by the
corporation by | ||
any authorized officer and verified by him or
her, or, if the | ||
corporation is in the hands of a receiver or
trustee, it shall | ||
be executed on behalf of the corporation
and verified by such | ||
receiver or trustee.
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(Source: P.A. 93-59, eff. 7-1-03; 94-605, eff. 1-1-06.)
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(805 ILCS 105/115.20) (from Ch. 32, par. 115.20)
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Sec. 115.20. Expedited service fees.
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(a) The Secretary of State may charge and collect a fee
for | ||
expedited services as follows:
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Certificates of good standing or fact, $10;
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All filings, copies of documents, annual reports filed on | ||
or after January
1, 1984, and copies of documents of dissolved | ||
corporations having a file number
over 5199, $25.
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The Secretary may not consider a request submitted by | ||
electronic means a request for expedited services solely | ||
because of its submission by electronic means, unless expedited | ||
service is requested by the filer. | ||
(b) Expedited services shall not be available for a | ||
statement of
correction or any request for copies
involving | ||
annual reports filed before January 1,
1984 or involving | ||
dissolved
corporations with a file number below 5200.
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(c) All moneys collected under this Section shall be | ||
deposited
into the Department of Business Services
Special | ||
Operations Fund. No other fees
or taxes collected under this | ||
Act shall be deposited into that Fund.
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(d) As used in this Section, "expedited services" has the | ||
meaning
ascribed thereto in Section 15.95 of the Business | ||
Corporation Act of 1983.
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(e) The Secretary may not provide expedited services for | ||
the online electronic filing of annual reports or requests for | ||
certificates of good standing. | ||
(Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)
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Section 10. The Limited Liability Company Act is amended by | ||
changing Sections 50-10 and 50-50 as follows:
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(805 ILCS 180/50-10)
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Sec. 50-10. Fees.
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(a) The Secretary of State shall charge and collect in
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accordance with the provisions of this Act and rules
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promulgated under its authority all of the following:
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(1) Fees for filing documents.
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(2) Miscellaneous charges.
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(3) Fees for the sale of lists of filings and for | ||
copies
of any documents.
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(b) The Secretary of State shall charge and collect for
all | ||
of the following:
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(1) Filing articles of organization (domestic), | ||
application for
admission (foreign), and restated articles | ||
of
organization (domestic), $150. Notwithstanding the | ||
foregoing, the fee for filing articles of organization | ||
(domestic), application for admission (foreign), and | ||
restated articles of organization (domestic) in connection | ||
with a limited liability company with a series or the | ||
ability to establish a series pursuant to Section 37-40 of | ||
this Act is $400.
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(2) Filing amendments (domestic or foreign), $50.
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(3) Filing a statement of termination or
application
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for withdrawal, $5.
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(4) Filing an application to reserve a name, $25.
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(5) Filing a notice of cancellation of a reserved name, | ||
$5.
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(6) Filing a notice of a transfer of a reserved
name, | ||
$25.
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(7) Registration of a name, $50.
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(8) Renewal of registration of a name, $50.
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(9) Filing an application for use of an assumed
name | ||
under Section 1-20 of this Act, $150 for each
year or part | ||
thereof ending in 0 or 5, $120 for each year or
part | ||
thereof ending in 1 or 6, $90 for each year or part thereof | ||
ending in 2 or
7, $60 for each year or part thereof ending | ||
in 3 or 8, $30 for each year or
part thereof ending in 4 or | ||
9, and a renewal for each assumed name, $150.
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(9.5) Filing an application for change of an assumed | ||
name, $25. | ||
(10) Filing an application for cancellation of an | ||
assumed
name, $5.
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(11) Filing an annual report of a limited liability
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company or foreign limited liability company, $75, if
filed | ||
as required by this Act, plus a penalty if
delinquent. | ||
Notwithstanding the foregoing, the fee for filing an annual | ||
report of a limited liability company or foreign limited | ||
liability company is $75 plus $50 for each series for which | ||
a certificate of designation has been filed pursuant to | ||
Section 37-40 of this Act and is in effect on the last day | ||
of the third month preceding the company's anniversary | ||
month, plus a penalty if delinquent.
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(12) Filing an application for reinstatement of a
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limited liability company or foreign limited liability
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company, $200.
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(13) Filing articles of merger, $100 plus $50 for each | ||
party to the
merger in excess of the first 2 parties.
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(14) (Blank).
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(15) Filing a statement of change of address of | ||
registered office or change of registered agent, or both, | ||
or filing a statement of correction, $25.
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(16) Filing a petition for refund, $5.
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(17) Filing a certificate of designation of a limited | ||
liability company with a series pursuant to Section 37-40 | ||
of this Act, $50. | ||
(18) (Blank). Filing articles of domestication, $100. | ||
(19) Filing, amending, or cancelling a statement of | ||
authority, $50. | ||
(20) Filing, amending, or cancelling a statement of | ||
denial, $10. | ||
(21) Filing any other document, $5.
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(c) The Secretary of State shall charge and collect all
of | ||
the following:
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(1) For furnishing a copy or certified copy of any
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document, instrument, or paper relating to a limited
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liability company or foreign limited liability company,
or | ||
for a certificate, $25.
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(2) For the transfer of information by computer
process | ||
media to any purchaser, fees established by
rule.
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(Source: P.A. 99-637, eff. 7-1-17; 100-561, eff. 7-1-18; | ||
100-571, eff. 12-20-17; revised 9-13-18.)
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(805 ILCS 180/50-50)
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Sec. 50-50. Department of Business Services Special | ||
Operations Fund.
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(a) A special fund in the State treasury is created and | ||
shall be known as
the
Department of Business Services Special | ||
Operations Fund. Moneys deposited into
the Fund
shall, subject | ||
to appropriation, be used by the Department of Business | ||
Services
of the Office
of the Secretary of State, hereinafter | ||
"Department", to create and maintain the
capability to
perform | ||
expedited services in response to special requests made by the | ||
public
for same-day
or 24-hour service. Moneys deposited into | ||
the Fund shall be used for, but not
limited to,
expenditures | ||
for personal services, retirement, Social Security, | ||
contractual
services,
equipment, electronic data processing, | ||
and telecommunications.
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(b) The balance in the Fund at the end of any fiscal year | ||
shall not exceed
$600,000,
and any amount in excess thereof | ||
shall be transferred to the General Revenue
Fund.
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(c) All fees payable to the Secretary of State under this | ||
Section shall be
deposited
into the Fund. No other fees or | ||
charges collected under this Act
shall be
deposited into the
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Fund.
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(d) "Expedited services" means services rendered within | ||
the same day, or
within 24
hours from the time, the request | ||
therefor is submitted by the filer, law firm,
service company,
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or messenger physically in person or, at the Secretary of | ||
State's discretion,
by electronic means, to the Department's | ||
Springfield Office and
includes, but is not limited to,
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requests for certified copies, photocopies, and computer | ||
abstracts certificates of good standing
made in person to the
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Department's Springfield Office in person or by telephone, or | ||
requests for
certificates of
good standing made in person or by | ||
telephone to the Department's Chicago
Office. A request | ||
submitted by electronic means may not be considered a request | ||
for expedited services solely because of its submission by | ||
electronic means, unless expedited service is requested by the | ||
filer.
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(e) Fees for expedited services shall be as follows:
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Restated articles of organization, $200;
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Merger, $200;
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Articles of organization, $100;
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Articles of amendment, $100;
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Reinstatement, $100;
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Application for admission to transact business, $100;
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Computer Certificate of good standing or abstract of | ||
computer record, $20;
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All other filings, copies of documents, annual | ||
reports, and copies of
documents of
dissolved or revoked | ||
limited liability companies, $50.
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(f) The Secretary may not provide expedited services for | ||
the online electronic filing of annual reports or requests for | ||
certificates of good standing. | ||
(Source: P.A. 100-186, eff. 7-1-18; 100-561, eff. 7-1-18; | ||
revised 9-13-18.)
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Section 15. The Uniform Partnership Act (1997) is amended | ||
by changing Section 1209 as follows: | ||
(805 ILCS 206/1209) | ||
Sec. 1209. Expedited services; fees. | ||
(a) As used in this Section: | ||
"Department" means the Department of Business Services of | ||
the Office of the Secretary of State. | ||
"Expedited services" means services rendered within the | ||
same day or within 24 hours after the time the request therefor | ||
is submitted by the filer, law firm, service company, or | ||
messenger physically, in person, or at the Secretary of State's | ||
discretion, by electronic means to the Department's | ||
Springfield office or Chicago office and includes requests for | ||
certified copies, photocopies, and certificates of existence | ||
or abstracts of computer record made to the Department's | ||
Springfield office in person, by mail, or by fax or requests | ||
for certificates of existence or abstracts of computer record | ||
made in person to the Department's Chicago office. | ||
(b) The Secretary of State shall charge and collect the | ||
following fees for expedited services: | ||
(1) Statement of Qualification or Foreign | ||
Qualification, $100. | ||
(2) Application for Reinstatement, $100. | ||
(3) Statement of Merger, $200. | ||
(4) Computer Certificate of existence or computer | ||
abstract, $20. | ||
(5) All other filings and copies of documents, $50. | ||
(c) All fees collected by and payable to the Secretary of | ||
State under this Section shall be deposited into the Division | ||
of Corporations Registered Limited Liability Partnership Fund | ||
to the credit of an account within the Fund. Subject to | ||
appropriation, moneys in the account shall be used by the | ||
Department to create and maintain the capability to perform | ||
expedited services in response to special requests made by the | ||
public for same-day or 24-hour service and shall also be used | ||
for purposes including, but not limited to, expenditures for | ||
personal services, retirement, Social Security, contractual | ||
services, equipment, electronic data processing, and | ||
telecommunications. No other fees or charges collected under | ||
this Act shall be credited to the account established under | ||
this subsection (c)
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(d) The Secretary may not provide expedited services for | ||
the online electronic filing of annual reports or requests for | ||
certificates of existence. | ||
(Source: P.A. 100-486, eff. 1-1-18.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2019.
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