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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 Assumed Business Name Act is amended by | ||||||
| 5 | changing Section 1 as follows:
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| 6 | (805 ILCS 405/1) (from Ch. 96, par. 4)
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| 7 | Sec. 1. Certificate; misrepresentation; renewals. | ||||||
| 8 | (a) No person or persons shall
conduct or transact
business | ||||||
| 9 | in this
State under an assumed name, or under any designation, | ||||||
| 10 | name or style,
corporate or otherwise, other than the real name | ||||||
| 11 | or names of the individual
or individuals conducting or | ||||||
| 12 | transacting such business, unless such person
or persons shall | ||||||
| 13 | file in the office of and in the manner prescribed by the | ||||||
| 14 | County Clerk of the County in
which such person or persons | ||||||
| 15 | conduct or transact or intend to conduct or
transact such | ||||||
| 16 | business, a certificate setting forth the name under which
the | ||||||
| 17 | business is, or is to be, conducted or transacted, and the true | ||||||
| 18 | or real
full name or names of the person or persons owning, | ||||||
| 19 | conducting or
transacting the same, with the post office | ||||||
| 20 | address or addresses of such
person or persons and every | ||||||
| 21 | address where such business is, or is to be,
conducted or | ||||||
| 22 | transacted in the county. The certificate shall be executed
and | ||||||
| 23 | duly acknowledged by the person or persons so conducting or | ||||||
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| 1 | intending
to conduct the business.
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| 2 | (b) Notice of the filing of such certificate shall be | ||||||
| 3 | published in a
newspaper of general circulation published | ||||||
| 4 | within the county in which the
certificate is filed. Such | ||||||
| 5 | notice shall be published once a week for 3
consecutive weeks. | ||||||
| 6 | The first publication shall be within 15 days after the
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| 7 | certificate is filed in the office of the County Clerk. Proof | ||||||
| 8 | of
publication shall be filed with the County Clerk within 50 | ||||||
| 9 | days from the
date of filing the certificate. Upon receiving | ||||||
| 10 | proof of publication, the
clerk shall issue a receipt to the | ||||||
| 11 | person filing such certificate but no
additional charge shall | ||||||
| 12 | be assessed by the clerk for giving such receipt.
Unless proof | ||||||
| 13 | of publication is made to the clerk, the certificate of
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| 14 | registration of the assumed name is void.
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| 15 | (c) If any person changes his name or his residence address | ||||||
| 16 | or the address
of any place of business in the county where | ||||||
| 17 | such assumed name is being
employed after filing a certificate, | ||||||
| 18 | or if the name of a person is added to
any business | ||||||
| 19 | organization for which a certificate is on file, such person
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| 20 | shall file an additional, duly acknowledged certificate in the | ||||||
| 21 | office of
the County Clerk of the county in which such person | ||||||
| 22 | transacts business
under an assumed name. The certificate shall | ||||||
| 23 | set out the change or addition
as the case may be. Such | ||||||
| 24 | certificate shall also set out the post office
address of the | ||||||
| 25 | person. If any business organization for which such
certificate | ||||||
| 26 | has been filed in any county of this State shall remove its
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| 1 | place of business to another county in this State or shall | ||||||
| 2 | establish an
additional location for doing business in another | ||||||
| 3 | county of this State, a
certificate shall be filed in the | ||||||
| 4 | office of the County Clerk of such other
county and notice of | ||||||
| 5 | the filing of such certificate of a change or addition
of a | ||||||
| 6 | name shall be published and proof of publication made pursuant | ||||||
| 7 | to the
provisions of this section in the same manner as is | ||||||
| 8 | provided for original
certificates to do business under an | ||||||
| 9 | assumed name.
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| 10 | (d) A foreign person or foreign entity may not use an | ||||||
| 11 | assumed or fictitious
name in the conduct
of its business to | ||||||
| 12 | intentionally misrepresent the origin or location of the
person | ||||||
| 13 | or entity. | ||||||
| 14 | (e) A person conducting business under an assumed name in a | ||||||
| 15 | county with 4,000,000 or more inhabitants shall renew the | ||||||
| 16 | certificate filed under subsection (a) every 5 years after the | ||||||
| 17 | initial filing. Certificates on record as of the effective date | ||||||
| 18 | of this amendatory Act of the 99th General Assembly shall be | ||||||
| 19 | renewed within 5 years after that effective date by a date | ||||||
| 20 | established by the County Clerk of the county in which the | ||||||
| 21 | certificate is filed. The County Clerk shall notify the person | ||||||
| 22 | or persons of the renewal date at least 90 days before the | ||||||
| 23 | renewal date. If the notice sent by the County Clerk is sent to | ||||||
| 24 | an address set forth in the assumed name certificate, as | ||||||
| 25 | amended, and the notice is returned as undeliverable at that | ||||||
| 26 | address, the County Clerk may at his or her discretion cancel | ||||||
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| 1 | that certificate. Failure to renew the certificate before the | ||||||
| 2 | renewal date shall result in the cancellation of the person's | ||||||
| 3 | assumed name in the index maintained under Section 3. The | ||||||
| 4 | County Clerk shall collect a fee of $25 at the time of each | ||||||
| 5 | renewal.
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| 6 | (Source: P.A. 91-906, eff. 1-1-01.)
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