Full Text of SB2604 99th General Assembly
SB2604 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2604 Introduced 2/16/2016, by Sen. Donne E. Trotter SYNOPSIS AS INTRODUCED: |
| 805 ILCS 405/1 | from Ch. 96, par. 4 |
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Amends the Assumed Business Name Act. Provides that filings under the Act shall be in the manner prescribed by the County Clerk. Provides for the renewal of assumed business names every 5 years in counties with a population of 4,000,000 or more inhabitants. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Assumed Business Name Act is amended by | 5 | | changing 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 | 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.
| 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
| 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
| 14 | | registration of the assumed name is void.
| 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
| 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.
| 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.
| 6 | | (Source: P.A. 91-906, eff. 1-1-01.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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