HB2335sam001 96TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 4/22/2009

09600HB2335sam001 LRB096 03908 ASK 24853 a

AMENDMENT TO HOUSE BILL 2335

AMENDMENT NO. ______. Amend House Bill 2335 by replacing everything after the enacting clause with the following:

"Section 5. The Limited Liability Company Act is amended by adding Section 1-26 as follows:

(805 ILCS 180/1-26 new)

Sec. 1-26. Certificate of Registration; Department of Financial and Professional Regulation. A limited liability company shall not open, operate, or maintain an establishment for any of the purposes for which a limited liability company may be organized under this Act without a certificate of registration from the Department of Financial and Professional Regulation authorized by law to license individuals to engage in the profession or related professions concerned, for the professions as provided in paragraphs (3) and (4) of Section 1-25 or in any licensing Act administered by the Department in which any licensee intending to organize as a limited liability company may incorporate as a professional corporation.

Application for such registration shall be made in writing and shall contain the name and address of the limited liability company and such other information as may be required by the Department. Upon receipt of such application, the Department shall make an investigation of the limited liability company. If the Department finds that the organizers, managers, and members are each licensed pursuant to the laws of Illinois to engage in the particular profession or related professions involved (except that an initial organizer may be a licensed attorney) and if no disciplinary action is pending before the Department against any of them and if it appears that the limited liability company will be conducted in compliance with the law and the rules and regulations of the Department, the Department shall issue, upon payment of a registration fee of $50, a certificate of registration.

Upon written application of the holder, the Department shall renew the certificate if it finds that the limited liability company has complied with its regulations and the provisions of this Act and the applicable licensing Act. This fee for the renewal of a certificate of registration shall be calculated at the rate of $40 per year. The certificate of registration shall be conspicuously posted upon the premises to which it is applicable, and the limited liability company shall have only those offices which are designated by street address in the articles of organization, or as changed by amendment of such articles. A certificate of registration shall not be assignable.

Section 99. Effective date. This Act takes effect upon becoming law.".