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1 | AN ACT concerning business.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The General Not For Profit Corporation Act of | |||||||||||||||||||
5 | 1986 is amended by changing Section 115.10 and by adding | |||||||||||||||||||
6 | Section 114.13 as follows: | |||||||||||||||||||
7 | (805 ILCS 105/114.13 new) | |||||||||||||||||||
8 | Sec. 114.13. Report of interim changes of domestic or | |||||||||||||||||||
9 | foreign corporations. Any corporation, domestic or foreign, | |||||||||||||||||||
10 | may report interim changes in the name, address, or both of its | |||||||||||||||||||
11 | officers and directors, its principal office, or status as a | |||||||||||||||||||
12 | condominium association, homeowners association, or | |||||||||||||||||||
13 | cooperative housing corporation by filing a report under this | |||||||||||||||||||
14 | Section containing the following information: | |||||||||||||||||||
15 | (1) The name of the corporation. | |||||||||||||||||||
16 | (2) The address, including street and number, or rural | |||||||||||||||||||
17 | route number, of its registered office in this State, and | |||||||||||||||||||
18 | the name of its registered agent at that address. | |||||||||||||||||||
19 | (3) The address, including street and number, or
rural | |||||||||||||||||||
20 | route number, of its principal office. | |||||||||||||||||||
21 | (4) The names and respective addresses, including
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22 | street and number, or rural route number, of its directors | |||||||||||||||||||
23 | and officers. |
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1 | (5) A statement as to whether the corporation is a | ||||||
2 | condominium association established under the Condominium | ||||||
3 | Property Act, a cooperative housing corporation defined in | ||||||
4 | Section 216 of the Internal Revenue Code of 1954, or a | ||||||
5 | homeowners association which administers a common interest | ||||||
6 | community as defined in subsection (c) of Section 9-102 of | ||||||
7 | the Code of Civil Procedures. | ||||||
8 | The interim report of changes shall be made on forms | ||||||
9 | prescribed and furnished by the Secretary of State and shall | ||||||
10 | be executed by the corporation by its president, a | ||||||
11 | vice-president, secretary, assistant secretary, treasurer, or | ||||||
12 | other officer duly authorized by the board of directors of the | ||||||
13 | corporation to execute those reports, and verified by him or | ||||||
14 | her, or, if the corporation is in the hands of a receiver or | ||||||
15 | trustee, it shall be executed on behalf of the corporation and | ||||||
16 | verified by the receiver or trustee.
| ||||||
17 | (805 ILCS 105/115.10) (from Ch. 32, par. 115.10)
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18 | Sec. 115.10. Fees for filing documents. The Secretary of | ||||||
19 | State shall charge and collect for:
| ||||||
20 | (a) Filing articles of incorporation, $50.
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21 | (b) Filing articles of amendment, $25, unless the | ||||||
22 | amendment is a
restatement of the articles of | ||||||
23 | incorporation, in which case the fee shall
be $100.
| ||||||
24 | (c) Filing articles of merger or consolidation, $25.
| ||||||
25 | (d) Filing articles of dissolution, $5.
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1 | (e) Filing application to reserve a corporate name, | ||||||
2 | $25.
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3 | (f) Filing a notice of transfer or cancellation of a | ||||||
4 | reserved corporate
name, $25.
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5 | (g) Filing statement of change of address of | ||||||
6 | registered office or change
of registered agent, or both, | ||||||
7 | $5.
| ||||||
8 | (h) Filing an application of a foreign corporation for | ||||||
9 | authority to
conduct affairs in this State, $50.
| ||||||
10 | (i) Filing an application of a foreign corporation for
| ||||||
11 | amended authority to conduct affairs in this
State, $25.
| ||||||
12 | (j) Filing a copy of amendment to the articles of | ||||||
13 | incorporation of a
foreign corporation holding authority | ||||||
14 | to conduct affairs in this State, $25,
unless the | ||||||
15 | amendment is a restatement of the articles of | ||||||
16 | incorporation, in
which case the fee shall be $100.
| ||||||
17 | (k) Filing a copy of articles of merger of a foreign | ||||||
18 | corporation holding
authority to conduct affairs in this | ||||||
19 | State, $25.
| ||||||
20 | (l) Filing an application for withdrawal and final | ||||||
21 | report or a copy of
articles of dissolution of a foreign | ||||||
22 | corporation, $5.
| ||||||
23 | (m) Filing an annual report of a domestic or foreign | ||||||
24 | corporation, $10, of which $5 must be deposited into the | ||||||
25 | Charitable Trust Stabilization Fund.
| ||||||
26 | (n) Filing an application for reinstatement of a |
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| |||||||
1 | domestic
or a foreign corporation, $25.
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2 | (o) Filing an application for use of an assumed | ||||||
3 | corporate
name,
$150 for each year or part thereof ending | ||||||
4 | in 0 or 5, $120 for each year or part
thereof ending in 1 | ||||||
5 | or 6, $90 for each year or part thereof ending in 2 or 7,
| ||||||
6 | $60 for each year or part thereof ending in 3 or 8, $30 for | ||||||
7 | each year or part
thereof ending in 4 or 9, and a renewal | ||||||
8 | fee for each assumed corporate name,
$150.
| ||||||
9 | (p) Filing an application for change or cancellation | ||||||
10 | of an assumed
corporate name, $5.
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11 | (q) Filing an application to register the corporate | ||||||
12 | name of
a foreign corporation, $50; and an annual renewal | ||||||
13 | fee for
the registered name, $50.
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14 | (r) Filing an application for cancellation of a | ||||||
15 | registered
name of a foreign corporation, $5.
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16 | (s) Filing a statement of correction, $25.
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17 | (t) Filing an election to accept this Act, $25.
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18 | (u) Filing any other statement or report, $5.
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19 | (v) Filing a report of interim changes, $10. | ||||||
20 | (Source: P.A. 94-605, eff. 1-1-06; 95-655, eff. 6-1-08 .)
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21 | Section 10. The Limited Liability Company Act is amended | ||||||
22 | by changing Section 1-35 as follows:
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23 | (805 ILCS 180/1-35)
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24 | Sec. 1-35. Registered office and registered agent.
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1 | (a) Each limited liability company and foreign limited
| ||||||
2 | liability company shall continuously maintain in this State a
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3 | registered agent and registered office, which agent must be
an | ||||||
4 | individual resident of this State or other person authorized | ||||||
5 | to transact business in this State.
| ||||||
6 | (b) A limited liability company or foreign limited
| ||||||
7 | liability company may change its registered agent or the
| ||||||
8 | address of its registered office pursuant to Section 1-36 and | ||||||
9 | the registered agent of a limited liability company or a | ||||||
10 | foreign limited liability company may change the address of | ||||||
11 | its registered office pursuant to Section 1-37.
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12 | (c) The registered agent may at any time resign by
filing | ||||||
13 | in the Office of the Secretary of State written notice
thereof | ||||||
14 | and by mailing a copy thereof to the limited
liability company | ||||||
15 | or foreign limited liability company at its
principal office | ||||||
16 | as it is known to the resigning registered
agent. The notice | ||||||
17 | must be mailed at least 10 days before the
date of filing | ||||||
18 | thereof with the Secretary of State. The
notice shall be | ||||||
19 | executed by the registered agent, if an individual, or, if a | ||||||
20 | business entity, in the manner authorized by the governing | ||||||
21 | statute. The notice
shall set forth all of the
following:
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22 | (1) The name of the limited
liability company for | ||||||
23 | which the registered agent is acting.
| ||||||
24 | (2) The name of the registered agent.
| ||||||
25 | (3) The address,
including street, number, and city of | ||||||
26 | the limited
liability company's then registered office in |
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1 | this State.
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2 | (4) That the registered agent resigns.
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3 | (5) The effective date of the resignation,
which shall | ||||||
4 | not be sooner than 30 days after the date
of filing.
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5 | (6) The address of the principal office of the
limited | ||||||
6 | liability company as it is known to the registered
agent.
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7 | (7) A statement that a copy of the notice has been
sent | ||||||
8 | by registered or certified mail to the principal office
of | ||||||
9 | the limited liability company within the time and in the | ||||||
10 | manner
prescribed by this Section.
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11 | (d) A new registered agent must be placed on record within | ||||||
12 | 60 days after a
registered agent's notice of resignation under | ||||||
13 | this Section.
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14 | (e) Upon the voluntary, administrative, or judicial | ||||||
15 | dissolution of a limited liability company, the registered | ||||||
16 | agent and the registered office of the limited liability | ||||||
17 | company on record with the Secretary of State on the date of | ||||||
18 | the issuance of the certificate or judgment of dissolution | ||||||
19 | shall be an agent of the limited liability company upon whom | ||||||
20 | claims can be served or service of process can be had during | ||||||
21 | the 5-year, post-dissolution period, unless such agent resigns | ||||||
22 | or the limited liability company properly reports a change of | ||||||
23 | registered office or registered agent. | ||||||
24 | (Source: P.A. 96-988, eff. 7-2-10.)
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25 | Section 15. The Uniform Partnership Act (1997) is amended |
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| |||||||
1 | by changing Sections 108 and 1002 and by adding Sections 110, | ||||||
2 | 111 and 1006 as follows:
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3 | (805 ILCS 206/108)
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4 | Sec. 108. Fees.
| ||||||
5 | (a) The Secretary of State shall charge and collect in | ||||||
6 | accordance with
the provisions of this
Act and rules | ||||||
7 | promulgated under its authority:
| ||||||
8 | (1) fees for filing documents;
| ||||||
9 | (2) miscellaneous charges; and
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10 | (3) fees for the sale of lists of filings and for | ||||||
11 | copies of any documents.
| ||||||
12 | (b) The Secretary of State shall charge and collect:
| ||||||
13 | (1) for furnishing a copy or certified copy of any | ||||||
14 | document, instrument,
or paper relating
to a registered | ||||||
15 | limited liability partnership, $25;
| ||||||
16 | (2) for the transfer of information by computer | ||||||
17 | process media to any
purchaser, fees
established by rule;
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18 | (3) for filing a statement of partnership authority, | ||||||
19 | $25;
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20 | (4) for filing a statement of denial, $25;
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21 | (5) for filing a statement of dissociation, $25;
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22 | (6) for filing a statement of dissolution, $100;
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23 | (7) for filing a statement of merger, $100;
| ||||||
24 | (8) for filing a statement of qualification for a | ||||||
25 | limited liability
partnership organized under the
laws of |
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1 | this State, $100 for each partner, but in no event shall | ||||||
2 | the fee be
less than $200 or
exceed $5,000;
| ||||||
3 | (9) for filing a statement of foreign qualification, | ||||||
4 | $500;
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5 | (10) for filing a renewal statement for a limited | ||||||
6 | liability partnership
organized under the laws of
this | ||||||
7 | State, $100 for each partner, but in no event shall the fee | ||||||
8 | be
less than $200 or
exceed $5,000;
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9 | (11) for filing a renewal statement for a foreign | ||||||
10 | limited liability
partnership, $300;
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11 | (12) for filing an amendment or cancellation of a | ||||||
12 | statement, $25;
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13 | (13) for filing a statement of withdrawal, $100;
| ||||||
14 | (14) for the purposes of changing the registered agent | ||||||
15 | name or registered
office, or both,
$25;
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16 | (15) for filing an application for reinstatement, | ||||||
17 | $200; | ||||||
18 | (16) for filing any other document, $25 ; . | ||||||
19 | (17) for filing an application for use of an assumed | ||||||
20 | name under Section 1006 of this Act, $150 for each year or | ||||||
21 | part thereof ending in 0 or 5, $120 for each year or part | ||||||
22 | thereof ending in 1 or 6, $90 for each year or part thereof | ||||||
23 | ending in 2 or 7, $60 for each year or part thereof ending | ||||||
24 | in 3 or 8, $30 for each year or part thereof ending in 4 or | ||||||
25 | 9, and a renewal for each assumed name, $150; | ||||||
26 | (18) for filing an application for change of an |
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| |||||||
1 | assumed name, $25; | ||||||
2 | (19) for filing an application for cancellation of an | ||||||
3 | assumed name, $5. | ||||||
4 | (c) All fees collected pursuant to this Act shall be | ||||||
5 | deposited into the
Division of
Corporations Registered Limited | ||||||
6 | Liability Partnership Fund.
| ||||||
7 | (d) There is hereby continued in the State treasury a | ||||||
8 | special fund to be
known as the Division
of Corporations | ||||||
9 | Registered Limited Liability Partnership Fund. Moneys | ||||||
10 | deposited into the
Fund shall,
subject to appropriation, be | ||||||
11 | used by the Business Services Division of the
Office of the
| ||||||
12 | Secretary of State to administer the responsibilities of the | ||||||
13 | Secretary of
State under this Act.
On or before August 31 of | ||||||
14 | each year, the balance in the Fund in excess of $600,000 shall | ||||||
15 | be transferred to the General Revenue Fund.
| ||||||
16 | (e) Filings, including annual reports, made by electronic | ||||||
17 | means shall be treated as if submitted in person and may not be | ||||||
18 | charged excess fees as expedited services solely because of | ||||||
19 | submission by electronic means. | ||||||
20 | (Source: P.A. 99-620, eff. 1-1-17; 99-933, eff. 1-27-17; | ||||||
21 | 100-186, eff. 7-1-18; 100-486, eff. 1-1-18; 100-863, eff. | ||||||
22 | 8-14-18.) | ||||||
23 | (805 ILCS 206/110 new) | ||||||
24 | Sec. 110. Interrogatories to be propounded by the | ||||||
25 | Secretary of State. The Secretary of State may propound to any |
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1 | limited liability partnership or foreign limited liability | ||||||
2 | partnership subject to the provisions of this Act, and to any | ||||||
3 | partner thereof, such interrogatories as may be reasonably | ||||||
4 | necessary and proper to enable the Secretary of State to | ||||||
5 | ascertain whether the limited liability partnership has | ||||||
6 | complied with all of the provisions of this Act applicable to | ||||||
7 | the limited liability partnership. The interrogatories shall | ||||||
8 | be answered within 30 days after the mailing thereof, or | ||||||
9 | within such additional time as shall be fixed by the Secretary | ||||||
10 | of State, and the answers thereto shall be full and complete | ||||||
11 | and shall be made in writing and under oath. If the | ||||||
12 | interrogatories are directed to an individual, they shall be | ||||||
13 | answered by him or her, and if directed to a limited liability | ||||||
14 | partnership, they shall be answered by the partners thereof. | ||||||
15 | The Secretary of State need not file any document to which the | ||||||
16 | interrogatories relate until the interrogatories are answered | ||||||
17 | as herein provided, and not then if the answers thereto | ||||||
18 | disclose that the document is not in conformity with the | ||||||
19 | provisions of this Act. The Secretary of State shall certify | ||||||
20 | to the Attorney General, for such action as the Attorney | ||||||
21 | General may deem appropriate, all interrogatories and answers | ||||||
22 | thereto that disclose a violation of any of the provisions of | ||||||
23 | this Act. | ||||||
24 | (805 ILCS 206/111 new) | ||||||
25 | Sec. 111. Information disclosed by interrogatories. |
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1 | Interrogatories propounded by the Secretary of State and the | ||||||
2 | answers thereto shall not be open to public inspection, nor | ||||||
3 | shall the Secretary of State disclose any facts or information | ||||||
4 | obtained, except insofar as official duty may require them to | ||||||
5 | be made public or in the event the interrogatories or the | ||||||
6 | answers thereto are required for evidence in any criminal | ||||||
7 | proceeding or in any other action by the State.
| ||||||
8 | (805 ILCS 206/1002)
| ||||||
9 | Sec. 1002. Name. | ||||||
10 | (a) The name of a limited liability partnership must end | ||||||
11 | with "Registered Limited
Liability
Partnership", "Limited | ||||||
12 | Liability Partnership", "R.L.L.P.", "L.L.P.", "RLLP", or
| ||||||
13 | "LLP".
| ||||||
14 | (b) The limited liability partnership shall be the name | ||||||
15 | under which the limited liability partnership transacts | ||||||
16 | business in this State unless the limited liability | ||||||
17 | partnership also elects to adopt an assumed name or names as | ||||||
18 | provided in this Act. However, the limited liability | ||||||
19 | partnership may use any divisional designation or trade name | ||||||
20 | without complying with the requirements of this Act, if the | ||||||
21 | limited liability partnership also clearly discloses its name. | ||||||
22 | (c) Nothing in this Section or Section 1006 shall abrogate | ||||||
23 | or limit the common law or statutory law of unfair competition | ||||||
24 | or unfair trade practices, nor derogate from the common law or | ||||||
25 | principles of equity or the statutes of this State or of the |
| |||||||
| |||||||
1 | United States of America with respect to the right to acquire | ||||||
2 | and protect copyrights, trade names, trademarks, service | ||||||
3 | marks, service names, or any other right to the exclusive use | ||||||
4 | of names or symbols. | ||||||
5 | (d) The name shall be distinguishable upon the records in | ||||||
6 | the Office of the Secretary of State from any assumed name that | ||||||
7 | is registered with the Secretary of State under Section 1006. | ||||||
8 | (Source: P.A. 92-740, eff. 1-1-03.)
| ||||||
9 | (805 ILCS 206/1006 new) | ||||||
10 | Sec. 1006. Assumed name. | ||||||
11 | (a) A limited liability partnership or a foreign limited | ||||||
12 | liability partnership admitted to transact business or making | ||||||
13 | application for admission to transact business in Illinois may | ||||||
14 | elect to adopt an assumed name that complies with the | ||||||
15 | requirements of Section 1002 of this Act. | ||||||
16 | (a-5) As used in this Act, "assumed name" means any name | ||||||
17 | other than the true limited liability partnership name, except | ||||||
18 | that the following do not constitute the use of an assumed name | ||||||
19 | under this Act: | ||||||
20 | (1) a limited liability partnership's identification | ||||||
21 | of its business with a trademark or service mark of which | ||||||
22 | the partnership is the owner or licensed user; and | ||||||
23 | (2) the use of a name of a division, not containing the | ||||||
24 | word "limited", "liability", or "partnership" or an | ||||||
25 | abbreviation of one of those words, provided that the |
| |||||||
| |||||||
1 | limited liability partnership also clearly discloses its | ||||||
2 | true name. | ||||||
3 | (b) Before transacting any business in Illinois under an | ||||||
4 | assumed limited liability partnership name or names, the | ||||||
5 | limited liability partnership shall, for each assumed name, | ||||||
6 | execute and file in duplicate an application setting forth all | ||||||
7 | of the following: | ||||||
8 | (1) the true limited liability partnership name; | ||||||
9 | (2) the state or country under the laws of which it is | ||||||
10 | organized; | ||||||
11 | (3) that it intends to transact business under an | ||||||
12 | assumed limited liability partnership name; and | ||||||
13 | (4) the assumed name that it proposes to use. | ||||||
14 | (c) The right to use an assumed name shall be effective | ||||||
15 | from the date of filing by the Secretary of State until the | ||||||
16 | first day of the anniversary month of the limited liability | ||||||
17 | partnership that falls within the next calendar year evenly | ||||||
18 | divisible by 5. However, if an application is filed within the | ||||||
19 | 2 months immediately preceding the anniversary month of a | ||||||
20 | limited liability partnership that falls within a calendar | ||||||
21 | year evenly divisible by 5, the right to use the assumed name | ||||||
22 | shall be effective until the first day of the anniversary | ||||||
23 | month of the limited liability partnership that falls within | ||||||
24 | the next succeeding calendar year evenly divisible by 5. | ||||||
25 | (d) A limited liability partnership shall renew the right | ||||||
26 | to use its assumed name or names, if any, within the 60 days |
| |||||||
| |||||||
1 | preceding the expiration of the right, for a period of 5 years, | ||||||
2 | by making an election to do so at the time of filing its annual | ||||||
3 | report form and by paying the renewal fee as prescribed by this | ||||||
4 | Act. | ||||||
5 | (e) A limited liability partnership or foreign limited | ||||||
6 | liability partnership may change or cancel any or all of its | ||||||
7 | assumed names by executing and filing an application setting | ||||||
8 | forth all of the following: | ||||||
9 | (1) the true limited liability partnership name; | ||||||
10 | (2) the state or country under the laws of which it is | ||||||
11 | organized; | ||||||
12 | (3) that it intends to cease transacting business | ||||||
13 | under an assumed name by changing or cancelling it; | ||||||
14 | (4) the assumed name to be changed or cancelled; and | ||||||
15 | (5) if the assumed name is to be changed, the assumed | ||||||
16 | name that the limited liability partnership proposes to | ||||||
17 | use. | ||||||
18 | (f) Upon the filing of an application to change an assumed | ||||||
19 | name, the limited liability partnership shall have the right | ||||||
20 | to use the assumed name for the balance of the period | ||||||
21 | authorized. | ||||||
22 | (g) The right to use an assumed name shall be cancelled by | ||||||
23 | the Secretary of State if any of the following occurs: | ||||||
24 | (1) the limited liability partnership fails to renew | ||||||
25 | an assumed name; | ||||||
26 | (2) the limited liability partnership has filed an |
| |||||||
| |||||||
1 | application to change or cancel the assumed name; | ||||||
2 | (3) a limited liability partnership has been | ||||||
3 | dissolved; and | ||||||
4 | (4) a foreign limited liability partnership has had | ||||||
5 | its admission to do business in Illinois revoked. | ||||||
6 | (h) Any limited liability partnership or foreign limited | ||||||
7 | liability partnership failing to pay the prescribed fee for | ||||||
8 | assumed name renewal when due and payable shall be given | ||||||
9 | notice of nonpayment by the Secretary of State by regular | ||||||
10 | mail. If the fee, together with a late fee of $100, is not paid | ||||||
11 | within 60 days after the notice is mailed, the right to use the | ||||||
12 | assumed name shall cease. Any limited liability partnership or | ||||||
13 | foreign limited liability partnership that (1) puts forth any | ||||||
14 | sign or advertisement assuming any name other than that under | ||||||
15 | which it is organized or otherwise authorized by law to act or | ||||||
16 | (2) violates Section 1-27 is guilty of a petty offense and | ||||||
17 | shall be fined not less than $501 and not more than $1,000. A | ||||||
18 | limited liability partnership or foreign limited liability | ||||||
19 | partnership shall be deemed guilty of an additional offense | ||||||
20 | for each day it shall continue to so offend. Each limited | ||||||
21 | liability partnership or foreign limited liability partnership | ||||||
22 | that fails or refuses (i) to answer truthfully and fully | ||||||
23 | within the time prescribed by this Act interrogatories | ||||||
24 | propounded by the Secretary of State in accordance with this | ||||||
25 | Act, or (ii) to perform any other act required by this Act to | ||||||
26 | be performed by the limited liability partnership or foreign |
| |||||||
| |||||||
1 | limited liability partnership is guilty of a petty offense and | ||||||
2 | shall be fined not less than $501 and not more than $1,000. | ||||||
3 | (i) A foreign limited liability partnership may not use an | ||||||
4 | assumed or fictitious name in the conduct of its business to | ||||||
5 | intentionally misrepresent the geographic origin or location | ||||||
6 | of the company. | ||||||
7 | Section 20. The
Uniform Limited Partnership Act (2001) is | ||||||
8 | amended by changing Section 1206 and by adding Sections 120, | ||||||
9 | 121 and 813 as follows: | ||||||
10 | (805 ILCS 215/120 new) | ||||||
11 | Sec. 120. Interrogatories to be propounded by the | ||||||
12 | Secretary of State. The Secretary of State may propound to any | ||||||
13 | limited partnership or foreign limited partnership subject to | ||||||
14 | the provisions of this Act, and to any partner thereof, | ||||||
15 | whether general partner or limited partner, such | ||||||
16 | interrogatories as may be reasonably necessary and proper to | ||||||
17 | enable the Secretary of State to ascertain whether the limited | ||||||
18 | partnership has complied with all the provisions of this Act | ||||||
19 | applicable to the limited partnership. The interrogatories | ||||||
20 | shall be answered within 30 days after the mailing thereof, or | ||||||
21 | within such additional time as shall be fixed by the Secretary | ||||||
22 | of State, and the answers thereto shall be full and complete | ||||||
23 | and shall be made in writing and under oath. If the | ||||||
24 | interrogatories are directed to an individual, they shall be |
| |||||||
| |||||||
1 | answered by him or her, and if directed to a limited | ||||||
2 | partnership, they shall be answered by the partners thereof. | ||||||
3 | The Secretary of State need not file any document to which the | ||||||
4 | interrogatories relate until the interrogatories are answered | ||||||
5 | as herein provided, and not then if the answers thereto | ||||||
6 | disclose that the document is not in conformity with the | ||||||
7 | provisions of this Act. The Secretary of State shall certify | ||||||
8 | to the Attorney General, for such action as the Attorney | ||||||
9 | General may deem appropriate, all interrogatories and answers | ||||||
10 | thereto that disclose a violation of any of the provisions of | ||||||
11 | this Act. | ||||||
12 | (805 ILCS 215/121 new) | ||||||
13 | Sec. 121. Information disclosed by interrogatories. | ||||||
14 | Interrogatories propounded by the Secretary of State and the | ||||||
15 | answers thereto shall not be open to public inspection, nor | ||||||
16 | shall the Secretary of State disclose any facts or information | ||||||
17 | obtained therefrom, except as official duty may require them | ||||||
18 | to be made public or if the interrogatories or the answers | ||||||
19 | thereto are required for evidence in any criminal proceeding | ||||||
20 | or in any other action by the State. | ||||||
21 | (805 ILCS 215/813 new) | ||||||
22 | Sec. 813. Reinstatement of limited partnership status. | ||||||
23 | (a) A partnership whose status as a limited partnership or | ||||||
24 | foreign limited partnership has expired as a result of the |
| |||||||
| |||||||
1 | failure to amend its certificate of limited partnership | ||||||
2 | required by Section 1206 may reinstate such status as a | ||||||
3 | limited partnership or foreign limited partnership upon: | ||||||
4 | (1) the filing with the Secretary of State of an | ||||||
5 | application for reinstatement; | ||||||
6 | (2) the filing with the Secretary of State of all
| ||||||
7 | reports then due and becoming due; and | ||||||
8 | (3) the payment to the Secretary of State of all fees
| ||||||
9 | then due and becoming due. | ||||||
10 | (b) The application for reinstatement shall be executed | ||||||
11 | and filed in duplicate in accordance with Section 201 and | ||||||
12 | shall set forth all of the following: | ||||||
13 | (1) the name of the limited partnership at the time of | ||||||
14 | expiration; | ||||||
15 | (2) the date of expiration; | ||||||
16 | (3) the name and address of the agent for service of
| ||||||
17 | process, provided that any change to either the agent for | ||||||
18 | service of process or the address of the agent for service | ||||||
19 | of process is properly reported. | ||||||
20 | (c) When a partnership whose status as a limited | ||||||
21 | partnership or foreign limited partnership has expired has | ||||||
22 | complied with the provisions of this Section, the Secretary of | ||||||
23 | State shall file the application for reinstatement. | ||||||
24 | (d) Upon filing of the application for reinstatement: | ||||||
25 | (i) status as a limited partnership or foreign limited | ||||||
26 | partnership shall be deemed to have continued without |
| |||||||
| |||||||
1 | interruption from the date of expiration and shall stand | ||||||
2 | revived with the powers, duties, and obligations, as if it | ||||||
3 | had not expired; and | ||||||
4 | (ii) all acts and proceedings of its partners, acting | ||||||
5 | or purporting to act in that capacity, that would have | ||||||
6 | been legal and valid but for the expiration shall stand | ||||||
7 | ratified and confirmed. | ||||||
8 | (805 ILCS 215/1206)
| ||||||
9 | Sec. 1206. Application to existing relationships. | ||||||
10 | (a) Before January 1, 2008, this Act governs only: | ||||||
11 | (1) a limited partnership formed on or after January | ||||||
12 | 1, 2005; and | ||||||
13 | (2) except as otherwise provided in subsections (c) | ||||||
14 | and (d), a limited partnership formed before January 1, | ||||||
15 | 2005 which elects, in the manner provided in its | ||||||
16 | partnership agreement or by law for amending the | ||||||
17 | partnership agreement, to be subject to this Act. | ||||||
18 | (b) Except as otherwise provided in subsection (c), on and | ||||||
19 | after January 1, 2008 this Act governs all limited | ||||||
20 | partnerships. | ||||||
21 | (c) With respect to a limited partnership formed before | ||||||
22 | January 1, 2005, the following rules apply except as the | ||||||
23 | partners otherwise elect in the manner provided in the | ||||||
24 | partnership agreement or by law for amending the partnership | ||||||
25 | agreement: |
| |||||||
| |||||||
1 | (1) Section 104(c) does not apply and the limited | ||||||
2 | partnership has whatever duration it had under the law | ||||||
3 | applicable immediately before January 1, 2005. | ||||||
4 | (2) Section 108(d) does not apply. | ||||||
5 | (3) The limited partnership is not required to amend | ||||||
6 | its certificate of limited partnership to comply with | ||||||
7 | Section 201(a)(4) , but failure to amend its certificate | ||||||
8 | shall result in the expiration of the limited partnership | ||||||
9 | when its term has expired.
Expired limited partnerships | ||||||
10 | may be reinstated pursuant to Section 813 . | ||||||
11 | (4) Sections 601 and 602 do not apply and a limited | ||||||
12 | partner has the same right and power to dissociate from | ||||||
13 | the limited partnership, with the same consequences, as | ||||||
14 | existed immediately before January 1, 2005. | ||||||
15 | (5) Section 603(4) does not apply. | ||||||
16 | (6) Section 603(5) does not apply and a court has the | ||||||
17 | same power to expel a general partner as the court had | ||||||
18 | immediately before January 1, 2005. | ||||||
19 | (7) Section 801(3) does not apply and the connection | ||||||
20 | between a person's dissociation as a general partner and | ||||||
21 | the dissolution of the limited partnership is the same as | ||||||
22 | existed immediately before January 1, 2005. | ||||||
23 | (d) With respect to a limited partnership that elects | ||||||
24 | pursuant to subsection (a)(2) to be subject to this Act, after | ||||||
25 | the election takes effect the provisions of this Act relating | ||||||
26 | to the liability of the limited partnership's general partners |
| |||||||
| |||||||
1 | to third parties apply: | ||||||
2 | (1) before January 1, 2008, to: | ||||||
3 | (A) a third party that had not done business with | ||||||
4 | the limited partnership in the year before the | ||||||
5 | election took effect; and | ||||||
6 | (B) a third party that had done business with the | ||||||
7 | limited partnership in the year before the election | ||||||
8 | took effect only if the third party knows or has | ||||||
9 | received a notification of the election; and | ||||||
10 | (2) on and after January 1, 2008, to all third | ||||||
11 | parties, but those provisions remain inapplicable to any | ||||||
12 | obligation incurred while those provisions were | ||||||
13 | inapplicable under paragraph (1)(B).
| ||||||
14 | (Source: P.A. 93-967, eff. 1-1-05.) | ||||||
15 | Section 25. The Limited Worker Cooperative Association Act | ||||||
16 | is amended by changing Sections 35, 36, 61, and 63 as follows: | ||||||
17 | (805 ILCS 317/35)
| ||||||
18 | Sec. 35. Cooperative agreement. | ||||||
19 | (a) A cooperative agreement shall include: | ||||||
20 | (1) a statement of the capital structure of the | ||||||
21 | limited worker cooperative association; | ||||||
22 | (2) the classes or other types of members' interests | ||||||
23 | and the relative rights, preferences, privileges, and | ||||||
24 | restrictions granted to or imposed upon each class or |
| |||||||
| |||||||
1 | other type of member's interest, including: | ||||||
2 | (A) a statement concerning the manner in which | ||||||
3 | profits and losses are allocated and distributions are | ||||||
4 | made among members and, if community investors are | ||||||
5 | authorized, the manner in which profits and losses are | ||||||
6 | allocated and how distributions are made among | ||||||
7 | investor members and between members and community | ||||||
8 | investors; | ||||||
9 | (B) a statement designating voting and other | ||||||
10 | governance rights of each class or other type of | ||||||
11 | members' interests and, if relevant, community | ||||||
12 | investors, including which members have voting power | ||||||
13 | and any restriction on voting power; | ||||||
14 | (3) a statement of the method for admission of | ||||||
15 | members; | ||||||
16 | (4) a statement that a member's interest is | ||||||
17 | transferable, if it is to be transferable, and a statement | ||||||
18 | of the conditions upon which it may be transferred; | ||||||
19 | (5) a statement concerning: | ||||||
20 | (A) whether persons that are not members but | ||||||
21 | conduct business with the association may be permitted | ||||||
22 | to share in allocations of profits and losses and | ||||||
23 | receive distributions; and | ||||||
24 | (B) the manner in which profits and losses are | ||||||
25 | allocated and distributions are made with respect to | ||||||
26 | those persons; and |
| |||||||
| |||||||
1 | (6) a statement of the number and terms of managers or | ||||||
2 | managing members directors or the method by which the | ||||||
3 | number and terms are determined; and | ||||||
4 | (7) a statement addressing members' contributions. | ||||||
5 | (b) A cooperative agreement may contain any other | ||||||
6 | provision for managing and regulating the affairs of the | ||||||
7 | association.
| ||||||
8 | (c) The cooperative agreement may not: | ||||||
9 | (1) unreasonably restrict a right to information or | ||||||
10 | access to records available under Section 1-40 or Section | ||||||
11 | 10-15 of the Limited Liability Company Act; | ||||||
12 | (2) vary the right to expel a member in an event | ||||||
13 | specified in subdivision (6) of Section 35-45 of the | ||||||
14 | Limited Liability Company Act; | ||||||
15 | (3) vary the requirement to wind up the limited worker | ||||||
16 | cooperative association's business in a case specified in | ||||||
17 | subdivision (4), (5), or (6) of subsection (a) of Section | ||||||
18 | 35-1 of the Limited Liability Company Act; | ||||||
19 | (4) restrict rights of a person, other than a manager, | ||||||
20 | managing member, director , member, and transferee of a | ||||||
21 | member's distributional interest, under this Act; | ||||||
22 | (5) restrict the power of a member to dissociate under | ||||||
23 | Section 35-50 of the Limited Liability Company Act, | ||||||
24 | although a cooperative agreement may determine whether a | ||||||
25 | dissociation is wrongful under Section 35-50 of the | ||||||
26 | Limited Liability Company Act; |
| |||||||
| |||||||
1 | (6) eliminate or reduce the obligation of good faith
| ||||||
2 | and fair dealing under subsection (d) of Section 15-3 of | ||||||
3 | the Limited Liability Company Act, but the cooperative | ||||||
4 | agreement may determine the standards by which the | ||||||
5 | performance of the member's duties or the exercise of the | ||||||
6 | member's rights is to be measured; | ||||||
7 | (7) eliminate, vary, or restrict the priority of a
| ||||||
8 | statement of authority over provisions in the articles of | ||||||
9 | organization as provided in subsection (h) of Section | ||||||
10 | 13-15 of the Limited Liability Company Act; | ||||||
11 | (8) vary the law applicable under Section 1-65 of the | ||||||
12 | Limited Liability Company Act; | ||||||
13 | (9) vary the power of the court under Section 5-50 of | ||||||
14 | the Limited Liability Company Act;
or | ||||||
15 | (10) restrict the right to approve a merger,
| ||||||
16 | conversion, or domestication under Article 37 of the | ||||||
17 | Limited Liability Company Act or the Entity Omnibus Act of | ||||||
18 | a member that will have personal liability with respect to | ||||||
19 | a surviving, converted, or domesticated organization. | ||||||
20 | (d) The cooperative agreement may: | ||||||
21 | (1) restrict or eliminate a fiduciary duty, other
than | ||||||
22 | the duty of care described in subsection (c) of Section | ||||||
23 | 15-3 of the Limited Liability Company Act, but only to the | ||||||
24 | extent the restriction or elimination in the cooperative | ||||||
25 | agreement is clear and unambiguous; | ||||||
26 | (2) identify specific types or categories of
|
| |||||||
| |||||||
1 | activities that do not violate any fiduciary duty; and | ||||||
2 | (3) alter the duty of care, except to authorize
| ||||||
3 | intentional misconduct or knowing violation of law. | ||||||
4 | (e) The cooperative agreement may specify the method by | ||||||
5 | which a specific act or transaction that would otherwise | ||||||
6 | violate the duty of loyalty may be authorized or ratified by | ||||||
7 | one or more disinterested and independent persons after full | ||||||
8 | disclosure of all material facts. | ||||||
9 | (f) The cooperative agreement may alter or eliminate the | ||||||
10 | right to payment or reimbursement for a member , managing | ||||||
11 | member, or manager director provided by Section 15-7 of the | ||||||
12 | Limited Liability Company Act and may eliminate or limit a | ||||||
13 | member's , managing member's, or manager's director's liability | ||||||
14 | to the limited worker cooperative association and members for | ||||||
15 | money damages, except for: | ||||||
16 | (1) subject to subsections (d) and (e) of this
| ||||||
17 | Section, breach of the duties as required in subdivisions | ||||||
18 | (1), (2), and (3) of subsection (b) of Section 15-3 of the | ||||||
19 | Limited Liability Company Act; | ||||||
20 | (2) a financial benefit received by the member , | ||||||
21 | managing member, or manager
director to which the member , | ||||||
22 | managing member, or manager director is not entitled; | ||||||
23 | (3) a breach of a duty under Section 25-35 of the | ||||||
24 | Limited Liability Company Act; | ||||||
25 | (4) intentional infliction of harm on the association | ||||||
26 | or
a member; or |
| |||||||
| |||||||
1 | (5) an intentional violation of criminal law. | ||||||
2 | (g) A limited worker cooperative association is bound by | ||||||
3 | and may enforce the cooperative agreement, whether or not the | ||||||
4 | association has itself manifested assent to the cooperative | ||||||
5 | agreement. | ||||||
6 | (h) A person that becomes a member of a limited worker | ||||||
7 | cooperative association is deemed to assent to the cooperative | ||||||
8 | agreement. | ||||||
9 | (i) A cooperative agreement may be entered into before, | ||||||
10 | after, or at the time of filing of articles of organization | ||||||
11 | and, whether entered into before, after, or at the time of the | ||||||
12 | filing, may be made effective as of the time of formation of | ||||||
13 | the limited worker cooperative association or as of the time | ||||||
14 | or date provided in the cooperative agreement. | ||||||
15 | (Source: P.A. 101-292, eff. 1-1-20; 102-351, eff. 8-13-21.) | ||||||
16 | (805 ILCS 317/36) | ||||||
17 | Sec. 36. Annual reports. | ||||||
18 | (a) A limited worker cooperative association organized | ||||||
19 | under the laws of this State shall file, within the time | ||||||
20 | prescribed by this Act, an annual report setting forth all of | ||||||
21 | the following: | ||||||
22 | (1) The name of the limited worker cooperative | ||||||
23 | association. | ||||||
24 | (2) The address, including street and number or rural
| ||||||
25 | route number, of its registered office in this State and |
| |||||||
| |||||||
1 | the name of its registered agent at that address. | ||||||
2 | (3) The address, including street and number or rural
| ||||||
3 | route number of its principal place of business. | ||||||
4 | (4) The name and business address of all of the | ||||||
5 | managers
directors and managing members any member having | ||||||
6 | the authority of a director . | ||||||
7 | (5) Additional information that may be necessary or
| ||||||
8 | appropriate in order to enable the Secretary of State to | ||||||
9 | administer this Act and to verify the proper amount of | ||||||
10 | fees payable by the limited worker cooperative | ||||||
11 | association. | ||||||
12 | The annual report shall be made on forms
prescribed and | ||||||
13 | furnished by the Secretary of State, and the information | ||||||
14 | therein required by paragraphs (1) through (4) of this | ||||||
15 | subsection (a), both inclusive, shall be given as of the date | ||||||
16 | of execution of the annual report. The annual report shall be | ||||||
17 | executed by a manager, managing member, director or, if none, | ||||||
18 | a member designated by the members pursuant to limited worker | ||||||
19 | cooperative association action properly taken under Section | ||||||
20 | 15-1 of the Limited Liability Company Act. | ||||||
21 | (b) The annual report, together with all fees and charges | ||||||
22 | prescribed by this Act, shall be delivered to the Secretary of | ||||||
23 | State within 60 days immediately preceding the first day of | ||||||
24 | the anniversary month. Proof to the satisfaction of the | ||||||
25 | Secretary of State that, before the first day of the | ||||||
26 | anniversary month of the limited worker cooperative |
| |||||||
| |||||||
1 | association, the report, together with all fees and charges as | ||||||
2 | prescribed by this Act, was deposited in the United States | ||||||
3 | mail in a sealed envelope, properly addressed, with postage | ||||||
4 | prepaid, shall be deemed a compliance with this requirement. | ||||||
5 | If the Secretary of State finds that the report conforms to the | ||||||
6 | requirements of this Act, he or she shall file it. If the | ||||||
7 | Secretary of State finds that it does not so conform, he or she | ||||||
8 | shall promptly return it to the limited worker cooperative | ||||||
9 | association for any necessary corrections, in which event the | ||||||
10 | penalties prescribed for failure to file the report within the | ||||||
11 | time provided shall not apply if the report is corrected to | ||||||
12 | conform to the requirements of this Act and returned to the | ||||||
13 | Secretary of State within 60 days of the original due date of | ||||||
14 | the report.
| ||||||
15 | (Source: P.A. 102-351, eff. 8-13-21.) | ||||||
16 | (805 ILCS 317/61) | ||||||
17 | Sec. 61. Grounds for administrative dissolution. The | ||||||
18 | Secretary of State may dissolve any limited worker cooperative | ||||||
19 | association administratively if: | ||||||
20 | (1) it has failed to file its annual report and pay
its | ||||||
21 | fee as required by this Act before the first day of the | ||||||
22 | anniversary month or has failed to pay any required fees, | ||||||
23 | penalties, or charges; | ||||||
24 | (2) it has failed to file in the Office of the
| ||||||
25 | Secretary of State any report after the expiration of the |
| |||||||
| |||||||
1 | period prescribed for filing the report; | ||||||
2 | (3) it has misrepresented any material matter in
any | ||||||
3 | application, report, affidavit, or other document | ||||||
4 | submitted by the limited worker cooperative association; | ||||||
5 | (4) it has failed to appoint and maintain a
registered | ||||||
6 | agent in Illinois; | ||||||
7 | (5) a manager, managing member, director or member to | ||||||
8 | whom interrogatories have
been propounded by the Secretary | ||||||
9 | of State as provided in Section 5-60 of the Limited | ||||||
10 | Liability Company Act fails to answer the interrogatories | ||||||
11 | fully and to timely file the answer in the Office of the | ||||||
12 | Secretary of State; or | ||||||
13 | (6) it has tendered payment to the Secretary of State
| ||||||
14 | which is returned due to insufficient funds, a closed | ||||||
15 | account, or for any other reason, and acceptable payment | ||||||
16 | has not been subsequently tendered.
| ||||||
17 | (Source: P.A. 102-351, eff. 8-13-21.) | ||||||
18 | (805 ILCS 317/63) | ||||||
19 | Sec. 63. Reinstatement following dissolution or | ||||||
20 | termination. | ||||||
21 | (a) A limited worker cooperative association dissolved or | ||||||
22 | terminated under Section 60 may be reinstated by the Secretary | ||||||
23 | of State following the date of issuance of the notice of | ||||||
24 | dissolution or statement of termination upon: | ||||||
25 | (1) The filing of an application for reinstatement. |
| |||||||
| |||||||
1 | (2) The filing with the Secretary of State by the
| ||||||
2 | limited worker cooperative association of all reports then | ||||||
3 | due and theretofore becoming due. | ||||||
4 | (3) The payment to the Secretary of State by the
| ||||||
5 | limited worker cooperative association of all fees and | ||||||
6 | penalties then due and theretofore becoming due. | ||||||
7 | (b) The application for reinstatement shall be executed | ||||||
8 | and filed in duplicate in accordance with Section 25 of this | ||||||
9 | Act and shall set forth all of the following: | ||||||
10 | (1) The name of the limited worker cooperative | ||||||
11 | association at the
time of the issuance of the notice of | ||||||
12 | dissolution or statement of termination. | ||||||
13 | (2) If the name is not available for use as
determined | ||||||
14 | by the Secretary of State at the time of filing the | ||||||
15 | application for reinstatement, the name of the limited | ||||||
16 | worker cooperative association as changed, provided that | ||||||
17 | any change of name is properly effected under Section 1-10 | ||||||
18 | and Section 5-25 of the Limited Liability Company Act. | ||||||
19 | (3) The date of issuance of the notice of
dissolution | ||||||
20 | or statement of termination. | ||||||
21 | (4) The address, including street and number or rural
| ||||||
22 | route number of the registered office of the limited | ||||||
23 | worker cooperative association upon reinstatement thereof | ||||||
24 | and the name of its registered agent at that address upon | ||||||
25 | the reinstatement of the limited worker cooperative | ||||||
26 | association, provided that any change from either the |
| |||||||
| |||||||
1 | registered office or the registered agent at the time of | ||||||
2 | dissolution is properly reported under Section 1-35 of the | ||||||
3 | Limited Liability Company Act. | ||||||
4 | (c) When a dissolved or terminated limited worker | ||||||
5 | cooperative association has complied with the provisions of | ||||||
6 | the Section, the Secretary of State shall file the application | ||||||
7 | for reinstatement. | ||||||
8 | (d) Upon the filing of the application for reinstatement, | ||||||
9 | the limited worker cooperative association existence shall be | ||||||
10 | deemed to have continued without interruption from the date of | ||||||
11 | the issuance of the notice of dissolution or statement of | ||||||
12 | termination. The limited worker cooperative association shall | ||||||
13 | stand revived with the powers, duties, and obligations as if | ||||||
14 | it had not been dissolved or terminated. All acts and | ||||||
15 | proceedings of its members, managing members, managers | ||||||
16 | directors , officers, employees, and agents, acting or | ||||||
17 | purporting to act in that capacity, and which would have been | ||||||
18 | legal and valid but for the dissolution or termination, shall | ||||||
19 | stand ratified and confirmed. | ||||||
20 | (e) Without limiting the generality of subsection (d), | ||||||
21 | upon the filing of the application for reinstatement, no | ||||||
22 | member, managing member, manager director , or officer shall be | ||||||
23 | personally liable for the debts and liabilities of the limited | ||||||
24 | worker cooperative association incurred during the period of | ||||||
25 | dissolution or termination by reason of the fact that the | ||||||
26 | limited worker cooperative association was dissolved or |
| |||||||
| |||||||
1 | terminated at the time the debts or liabilities were incurred.
| ||||||
2 | (Source: P.A. 102-351, eff. 8-13-21.) | ||||||
3 | Section 30. The Entity Omnibus Act is amended by changing | ||||||
4 | Section 111 as follows: | ||||||
5 | (805 ILCS 415/111) | ||||||
6 | Sec. 111. Application of other Acts. The Business | ||||||
7 | Corporation Act of 1983, the General Not For Profit | ||||||
8 | Corporation Act of 1986, the Limited Liability Company Act, | ||||||
9 | the Uniform Limited Partnership Act (2001), and the Uniform | ||||||
10 | Partnership Act (1997) , and the Limited Worker Cooperative
| ||||||
11 | Association Act, as now or hereafter amended, shall govern all | ||||||
12 | matters related to the entities named in each of those Acts and | ||||||
13 | in this Act except where inconsistent with the letter and | ||||||
14 | purpose of this Act. Not-for-profit corporations, subject to | ||||||
15 | the General Not For Profit Corporation Act of 1986, shall not | ||||||
16 | be allowed to convert into a for–profit business entity, | ||||||
17 | whether domestic or foreign. This Act controls in the event of | ||||||
18 | any conflict with the provisions of the above-named Acts or | ||||||
19 | other laws.
| ||||||
20 | (Source: P.A. 101-491, eff. 8-23-19; 102-351, eff. 8-13-21.) | ||||||
21 | Section 35. The Uniform Commercial Code is amended by | ||||||
22 | changing Section 9-525 as follows:
|
| |||||||
| |||||||
1 | (810 ILCS 5/9-525)
| ||||||
2 | Sec. 9-525. Fees.
| ||||||
3 | (a) Initial financing
statement or
other record: general | ||||||
4 | rule.
Except as otherwise
provided in subsection (e), the fee | ||||||
5 | for filing and indexing a record under this
Part,
other than an | ||||||
6 | initial financing statement of the kind described in | ||||||
7 | subsection
(b),
is:
| ||||||
8 | (1) $20 if the record is communicated in writing
and | ||||||
9 | consists of one or two pages;
| ||||||
10 | (2) $20 if the record is communicated in
writing and | ||||||
11 | consists of more than two pages; and
| ||||||
12 | (3) $20 if the record is communicated by another
| ||||||
13 | medium authorized by filing-office rule ; and .
| ||||||
14 | (4) $5 if the record is a termination amendment | ||||||
15 | communicated in writing or by another medium authorized by | ||||||
16 | filing-office rule. | ||||||
17 | (b) Initial financing statement:
public-finance
and
| ||||||
18 | manufactured-housing transactions. Except as
otherwise | ||||||
19 | provided in subsection (e), the fee for filing and indexing an
| ||||||
20 | initial
financing statement of the following kind is:
| ||||||
21 | (1) $20 if the financing statement indicates that it | ||||||
22 | is
filed in connection with a public-finance transaction;
| ||||||
23 | (2) $20 if the financing statement indicates that it | ||||||
24 | is
filed in connection with a manufactured-home | ||||||
25 | transaction.
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26 | (c) Number of names. The number of names required to be
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1 | indexed does not affect the amount of the fee in subsections | ||||||
2 | (a) and (b).
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3 | (d) Response to information request. The fee for | ||||||
4 | responding to a
request for information from the filing | ||||||
5 | office, including for issuing a
certificate
showing | ||||||
6 | communicating whether there is on file any financing
statement | ||||||
7 | naming
a particular debtor, is:
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8 | (1) $10 if the request is communicated in writing; and
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9 | (2) $10 if the request is communicated by another
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10 | medium authorized by filing-office rule.
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11 | (e) Record of mortgage. This Section does not require a | ||||||
12 | fee with
respect to a record of a mortgage which is effective | ||||||
13 | as a financing statement
filed as
a fixture filing or as a | ||||||
14 | financing statement covering as-extracted collateral
or timber
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15 | to be cut under Section 9-502(c). However, the recording and | ||||||
16 | satisfaction fees
that
otherwise would be applicable to the | ||||||
17 | record of the mortgage apply. | ||||||
18 | (f) Of the total money collected for each filing with the | ||||||
19 | Secretary of State of an original financing statement, amended | ||||||
20 | statement, continuation, or assignment, or for a release of | ||||||
21 | collateral, $12 of the filing fee shall be paid into the | ||||||
22 | Secretary of State Special Services Fund. The remaining $8 | ||||||
23 | shall be deposited into the General Revenue Fund in the State | ||||||
24 | treasury. Of the total money collected for a termination, $3 | ||||||
25 | of the filing fee shall be paid into the Secretary of State | ||||||
26 | Special Services Fund. The remaining $2 shall be deposited |
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1 | into the General Revenue Fund in the State treasury.
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2 | (Source: P.A. 93-990, eff. 8-23-04.)
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