100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0356

 

Introduced , by Rep. David McSweeney

 

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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0356LRB100 04327 KTG 14333 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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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.