94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4803


 
Introduced 1/18/2006, by Rep. Shane Cultra
 
SYNOPSIS AS INTRODUCED:
 		


















805 ILCS 105/114.05
  from Ch. 32, par. 114.05


805 ILCS 105/114.10
  from Ch. 32, par. 114.10


805 ILCS 105/115.10
  from Ch. 32, par. 115.10







    Amends the General Not For Profit Corporation Act of 1986.  Provides that each domestic and foreign corporation authorized to conduct affairs in the State shall file a decennial (rather than annual) report.  Provides that the fee for filing a decennial (rather than annual) report of a domestic or foreign corporation shall be $50 (rather than $5).
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4803

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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 
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1986 is amended  by changing Sections 114.05, 114.10, and 115.10 
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as follows:
 



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    (805 ILCS 105/114.05)  (from Ch. 32, par. 114.05)


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    Sec. 114.05. Decennial
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 
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in this State, shall file, within the time
prescribed by this 
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Act, a decennial
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 
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    route number, of
its registered office in this State, and 
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    the name of its
registered agent at such address.

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        (c) The address, including street and number, if any, 
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    of
its principal office.

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        (d) The names and respective addresses,
including 
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    street and number, or rural route number, of its directors 
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    and
officers.

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        (e) A brief statement of the character of the affairs 
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    which the
corporation is actually conducting from among the 
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    purposes authorized in
Section 103.05 of this Act.

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        (f) Whether the corporation is a Condominium 
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    Association as
established
under the Condominium Property 
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    Act, a Cooperative Housing Corporation
defined in Section 
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    216 of the Internal Revenue Code of 1954 or a Homeowner

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    Association which administers a common-interest community 
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    as defined in
subsection (c) of Section 9-102 of the Code 
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    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 
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this Section, shall be given as of the date of the
execution of 
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the annual report.  It shall be executed by the
corporation by 
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any authorized officer and verified by him or
her, or, if the 
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corporation is in the hands of a receiver or
trustee, it shall 
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be executed on behalf of the corporation
and verified by such 
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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 105/114.10)  (from Ch. 32, par. 114.10)



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    Sec. 114.10. Filing of annual report of domestic or
foreign 
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corporation.  Such annual report together with all
fees and 
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charges as prescribed by this Act, shall be
delivered to the 
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Secretary of State within 60 days
immediately preceding the 
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first day of the anniversary month
of the corporation each 10 
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years
year.  Proof to the satisfaction of
the Secretary of State 
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that prior to the first day of the
tenth anniversary month of 
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the corporation such report together
with all fees and charges 
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as prescribed by this Act, was
deposited in the United States 
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mail in a sealed envelope,
properly addressed, with postage 
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prepaid, shall be deemed a
compliance with this requirement.  If 
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the Secretary of State
finds that such report conforms to the 
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requirements of this
Act, he or she shall file the same.  If he 
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or she finds that
it does not so conform, he or she shall 
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promptly return the
same to the corporation for any necessary 
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corrections, in
which event the penalties hereinafter 
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prescribed for failure
to file such report within the time 
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hereinabove provided
shall not apply, if such report is 
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corrected to conform to
the requirements of this Act and 
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returned to the Secretary
of State within 30 days of the date 
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the report was returned
for corrections.

 


 






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(Source: P.A. 84-1423.)

 



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    (805 ILCS 105/115.10)  (from Ch. 32, par. 115.10)


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    Sec. 115.10. Fees for filing documents. The Secretary of 
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State shall charge and collect for:

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        (a) Filing articles of incorporation, $50.

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        (b) Filing articles of amendment, $25, unless the 
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    amendment is a
restatement of the articles of 
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    incorporation, in which case the fee shall
be $100.

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        (c) Filing articles of merger or consolidation, $25.

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        (d) Filing articles of dissolution, $5.

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        (e) Filing application to reserve a corporate name, 
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    $25.

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        (f) Filing a notice of transfer or cancellation of a 
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    reserved corporate
name, $25.

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        (g) Filing statement of change of address of registered 
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    office or change
of registered agent, or both, $5.

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        (h) Filing an application of a foreign corporation for 
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    authority to
conduct affairs in this State, $50.

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        (i) Filing an application of a foreign corporation for

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    amended authority to conduct affairs in this
State, $25.

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        (j) Filing a copy of amendment to the articles of 
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    incorporation of a
foreign corporation holding authority 
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    to conduct affairs in this State, $25,
unless the amendment 
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    is a restatement of the articles of incorporation, in
which 
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    case the fee shall be $100.

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        (k) Filing a copy of articles of merger of a foreign 
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    corporation holding
authority to conduct affairs in this 
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    State, $25.

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        (l) Filing an application for withdrawal and final 
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    report or a copy of
articles of dissolution of a foreign 
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    corporation, $5.

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        (m) Filing a decennial
an annual report of a domestic 
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    or foreign corporation, $50
$5.

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        (n) Filing an application for reinstatement of a 
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    domestic
or a foreign corporation, $25.

 


 






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        (o) Filing an application for use of an assumed 
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    corporate
name,
$150 for each year or part thereof ending 
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    in 0 or 5, $120 for each year or part
thereof ending in 1 or 
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    6, $90 for each year or part thereof ending in 2 or 7,
$60 
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    for each year or part thereof ending in 3 or 8, $30 for 
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    each year or part
thereof ending in 4 or 9, and a renewal 
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    fee for each assumed corporate name,
$150.

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        (p) Filing an application for change or cancellation of 
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    an assumed
corporate name, $5.

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        (q) Filing an application to register the corporate 
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    name of
a foreign corporation, $50; and an annual renewal 
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    fee for
the registered name, $50.

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        (r) Filing an application for cancellation of a 
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    registered
name of a foreign corporation, $5.

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        (s) Filing a statement of correction, $25.

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        (t) Filing an election to accept this Act, $25.

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        (u) Filing any other statement or report, $5.

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(Source: P.A. 93-59, eff. 7-1-03; 94-605, eff. 1-1-06.)