Illinois General Assembly - Full Text of SB1360
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Full Text of SB1360  99th General Assembly




SB1360 EnrolledLRB099 09142 JLS 31062 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 Assumed Business Name Act is amended by
5changing Section 1 as follows:
6    (805 ILCS 405/1)  (from Ch. 96, par. 4)
7    Sec. 1. Certificate; misrepresentation; renewals.
8    (a) No person or persons shall conduct or transact business
9in this State under an assumed name, or under any designation,
10name or style, corporate or otherwise, other than the real name
11or names of the individual or individuals conducting or
12transacting such business, unless such person or persons shall
13file in the office of and in the manner prescribed by the
14County Clerk of the County in which such person or persons
15conduct or transact or intend to conduct or transact such
16business, a certificate setting forth the name under which the
17business is, or is to be, conducted or transacted, and the true
18or real full name or names of the person or persons owning,
19conducting or transacting the same, with the post office
20address or addresses of such person or persons and every
21address where such business is, or is to be, conducted or
22transacted in the county. The certificate shall be executed and
23duly acknowledged by the person or persons so conducting or



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1intending to conduct the business.
2    (b) Notice of the filing of such certificate shall be
3published in a newspaper of general circulation published
4within the county in which the certificate is filed. Such
5notice shall be published once a week for 3 consecutive weeks.
6The first publication shall be within 15 days after the
7certificate is filed in the office of the County Clerk. Proof
8of publication shall be filed with the County Clerk within 50
9days from the date of filing the certificate. Upon receiving
10proof of publication, the clerk shall issue a receipt to the
11person filing such certificate but no additional charge shall
12be assessed by the clerk for giving such receipt. Unless proof
13of publication is made to the clerk, the certificate of
14registration of the assumed name is void.
15    (c) If any person changes his name or his residence address
16or the address of any place of business in the county where
17such assumed name is being employed after filing a certificate,
18or if the name of a person is added to any business
19organization for which a certificate is on file, such person
20shall file an additional, duly acknowledged certificate in the
21office of the County Clerk of the county in which such person
22transacts business under an assumed name. The certificate shall
23set out the change or addition as the case may be. Such
24certificate shall also set out the post office address of the
25person. If any business organization for which such certificate
26has been filed in any county of this State shall remove its



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1place of business to another county in this State or shall
2establish an additional location for doing business in another
3county of this State, a certificate shall be filed in the
4office of the County Clerk of such other county and notice of
5the filing of such certificate of a change or addition of a
6name shall be published and proof of publication made pursuant
7to the provisions of this section in the same manner as is
8provided for original certificates to do business under an
9assumed name.
10    (d) A foreign person or foreign entity may not use an
11assumed or fictitious name in the conduct of its business to
12intentionally misrepresent the origin or location of the person
13or entity.
14    (e) A person conducting business under an assumed name in a
15county with 4,000,000 or more inhabitants shall renew the
16certificate filed under subsection (a) every 5 years after the
17initial filing. Certificates on record as of the effective date
18of this amendatory Act of the 99th General Assembly shall be
19renewed within 5 years after that effective date by a date
20established by the County Clerk of the county in which the
21certificate is filed. The County Clerk shall notify the person
22or persons of the renewal date at least 90 days before the
23renewal date. If the notice sent by the County Clerk is sent to
24an address set forth in the assumed name certificate, as
25amended, and the notice is returned as undeliverable at that
26address, the County Clerk may at his or her discretion cancel



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1that certificate. Failure to renew the certificate before the
2renewal date shall result in the cancellation of the person's
3assumed name in the index maintained under Section 3. The
4County Clerk shall collect a fee of $25 at the time of each
6(Source: P.A. 91-906, eff. 1-1-01.)