100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0867
 
Introduced 2/7/2017, by Sen. Thomas Cullerton
 
SYNOPSIS AS INTRODUCED:
 

 
  
805 ILCS 180/50-10

     Amends the Limited Liability Company Act. Reduces the fee collected by the Secretary of State for the filing of articles of organization, applications for admission, and restated articles of organization from $500 to $39 and reduces those fees in connection with a limited liability company with ability to establish series from $750 to $59. Effective immediately.
  


LRB100 08777 JLS 18916 b

FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
SB0867LRB100 08777 JLS 18916 b


  
1    AN ACT concerning business.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  

  
 
4    Section 5. The Limited Liability Company Act is amended by 
5changing Section 50-10 as follows:
 


6    (805 ILCS 180/50-10)



7    (Text of Section before amendment by P.A. 99-637)

8    Sec. 50-10. Fees. 

9    (a) The Secretary of State shall charge and collect in

10accordance with the provisions of this Act and rules

11promulgated under its authority all of the following:

12        (1) Fees for filing documents.

13        (2) Miscellaneous charges.

14        (3) Fees for the sale of lists of filings and for 
15    copies
of any documents.

16    (b) The Secretary of State shall charge and collect for
all 
17of the following:

18        (1) Filing articles of organization (domestic), 
19    application for
admission (foreign), and restated articles 
20    of
organization (domestic), $39 $500. Notwithstanding the 
21    foregoing, the fee for filing articles of organization 
22    (domestic), application for admission (foreign), and 
23    restated articles of organization (domestic) in connection 
 
 
SB0867- 2 -LRB100 08777 JLS 18916 b

1    with a limited liability company with ability to establish 
2    series pursuant to Section 37-40 of this Act is $59 $750.


3        (2) Filing articles of amendment or an amended 
4    application for admission, $150.

5        (3) Filing articles of dissolution or
application
for 
6    withdrawal, $100.

7        (4) Filing an application to reserve a name, $300.

8        (5) Filing a notice of cancellation of a reserved name, 
9    $100.

10        (6) Filing a notice of a transfer of a reserved
name, 
11    $100.

12        (7) Registration of a name, $300.

13        (8) Renewal of registration of a name, $100.

14        (9) Filing an application for use of an assumed
name 
15    under Section 1-20 of this Act, $150 for each
year or part 
16    thereof ending in 0 or 5, $120 for each year or
part 
17    thereof ending in 1 or 6, $90 for each year or part thereof 
18    ending in 2 or
7, $60 for each year or part thereof ending 
19    in 3 or 8, $30 for each year or
part thereof ending in 4 or 
20    9, and a renewal for each assumed name, $150.

21        (10) Filing an application for change or cancellation 
22    of an assumed
name, $100.

23        (11) Filing an annual report of a limited liability

24    company or foreign limited liability company, $250, if

25    filed as required by this Act, plus a penalty if

26    delinquent. Notwithstanding the foregoing, the fee for 
 
 
SB0867- 3 -LRB100 08777 JLS 18916 b

1    filing an annual report of a limited liability company or 
2    foreign limited liability company with ability to 
3    establish series is $250 plus $50 for each series for which 
4    a certificate of designation has been filed pursuant to 
5    Section 37-40 of this Act and active on the last day of the 
6    third month preceding the company's anniversary month, 
7    plus a penalty if delinquent.


8        (12) Filing an application for reinstatement of a

9    limited liability company or foreign limited liability

10    company
$500.

11        (13) Filing Articles of Merger, $100 plus $50 for each 
12    party to the
merger in excess of the first 2 parties.

13        (14) Filing an Agreement of Conversion or Statement of 
14    Conversion, $100.

15        (15) Filing a statement of change of address of 
16    registered office or change of registered agent, or both, 
17    or filing a statement of correction, $25.

18        (16) Filing a petition for refund, $15.

19        (17) Filing any other document, $100.

20        (18) Filing a certificate of designation of a limited 
21    liability company with the ability to establish series 
22    pursuant to Section 37-40 of this Act, $50.

23    (c) The Secretary of State shall charge and collect all
of 
24the following:

25        (1) For furnishing a copy or certified copy of any

26    document, instrument, or paper relating to a limited

 
 
SB0867- 4 -LRB100 08777 JLS 18916 b

1    liability company or foreign limited liability company,
or 
2    for a certificate, $25.

3        (2) For the transfer of information by computer
process 
4    media to any purchaser, fees established by
rule.

5(Source: P.A. 97-839, eff. 7-20-12.)

 
6    (Text of Section after amendment by P.A. 99-637)

7    Sec. 50-10. Fees. 

8    (a) The Secretary of State shall charge and collect in

9accordance with the provisions of this Act and rules

10promulgated under its authority all of the following:

11        (1) Fees for filing documents.

12        (2) Miscellaneous charges.

13        (3) Fees for the sale of lists of filings and for 
14    copies
of any documents.

15    (b) The Secretary of State shall charge and collect for
all 
16of the following:

17        (1) Filing articles of organization (domestic), 
18    application for
admission (foreign), and restated articles 
19    of
organization (domestic), $39 $500. Notwithstanding the 
20    foregoing, the fee for filing articles of organization 
21    (domestic), application for admission (foreign), and 
22    restated articles of organization (domestic) in connection 
23    with a limited liability company with a series or the 
24    ability to establish a series pursuant to Section 37-40 of 
25    this Act is $59 $750.


 
 
SB0867- 5 -LRB100 08777 JLS 18916 b

1        (2) Filing amendments (domestic or foreign), $150.

2        (3) Filing a statement of termination or
application

3    for withdrawal, $25.

4        (4) Filing an application to reserve a name, $300.

5        (5) Filing a notice of cancellation of a reserved name, 
6    $100.

7        (6) Filing a notice of a transfer of a reserved
name, 
8    $100.

9        (7) Registration of a name, $300.

10        (8) Renewal of registration of a name, $100.

11        (9) Filing an application for use of an assumed
name 
12    under Section 1-20 of this Act, $150 for each
year or part 
13    thereof ending in 0 or 5, $120 for each year or
part 
14    thereof ending in 1 or 6, $90 for each year or part thereof 
15    ending in 2 or
7, $60 for each year or part thereof ending 
16    in 3 or 8, $30 for each year or
part thereof ending in 4 or 
17    9, and a renewal for each assumed name, $150.

18        (10) Filing an application for change or cancellation 
19    of an assumed
name, $100.

20        (11) Filing an annual report of a limited liability

21    company or foreign limited liability company, $250, if

22    filed as required by this Act, plus a penalty if

23    delinquent. Notwithstanding the foregoing, the fee for 
24    filing an annual report of a limited liability company or 
25    foreign limited liability company is $250 plus $50 for each 
26    series for which a certificate of designation has been 
 
 
SB0867- 6 -LRB100 08777 JLS 18916 b

1    filed pursuant to Section 37-40 of this Act and is in 
2    effect on the last day of the third month preceding the 
3    company's anniversary month, plus a penalty if delinquent.


4        (12) Filing an application for reinstatement of a

5    limited liability company or foreign limited liability

6    company
$500.

7        (13) Filing articles of merger, $100 plus $50 for each 
8    party to the
merger in excess of the first 2 parties.

9        (14) Filing articles of conversion, $100.

10        (15) Filing a statement of change of address of 
11    registered office or change of registered agent, or both, 
12    or filing a statement of correction, $25.

13        (16) Filing a petition for refund, $15.

14        (17)  Filing a certificate of designation of a limited 
15    liability company with a series pursuant to Section 37-40 
16    of this Act, $50.
17        (18)  Filing articles of domestication, $100.
18        (19) Filing, amending, or cancelling a statement of 
19    authority, $50.
20        (20) Filing, amending, or cancelling a statement of 
21    denial, $10. 
22        (21) Filing any other document, $100.

23    (c) The Secretary of State shall charge and collect all
of 
24the following:

25        (1) For furnishing a copy or certified copy of any

26    document, instrument, or paper relating to a limited

 
 
SB0867- 7 -LRB100 08777 JLS 18916 b

1    liability company or foreign limited liability company,
or 
2    for a certificate, $25.

3        (2) For the transfer of information by computer
process 
4    media to any purchaser, fees established by
rule.

5(Source: P.A. 99-637, eff. 7-1-17.)

 
6    Section 95. No acceleration or delay. Where this Act makes 
7changes in a statute that is represented in this Act by text 
8that is not yet or no longer in effect (for example, a Section 
9represented by multiple versions), the use of that text does 
10not accelerate or delay the taking effect of (i) the changes 
11made by this Act or (ii) provisions derived from any other 
12Public Act.
 
13    Section 99. Effective date. This Act takes effect upon 
14becoming law.