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815 ILCS 602/5-30
(815 ILCS 602/5-30)
Sec. 5-30. Registration.
(a) In order to register a business opportunity, the seller
shall file with the Secretary of State one of the following
disclosure documents with the appropriate cover sheet as
required by subsection (b) of Section 5-35 of this Law, a consent to service of
process as specified in subsection (b) of this Section, and the
appropriate fee as required by subsection (c) of this Section
which is not returnable in any event:
(1) The Business Opportunity Disclosure Document | | which the Secretary of State may prescribe by rule or regulation; or
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(2) A disclosure document prepared pursuant to the
| | Federal Trade Commission rule entitled Disclosure Requirements and Prohibitions Concerning Franchising, 16 C.F.R. Part 436, or the Federal Trade Commission rule entitled Disclosure Requirements and Prohibitions Concerning Business Opportunities, 16 C.F.R. Part 437, as they may be amended; or
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(3) A disclosure document prepared pursuant to
| | subsection (b) of Section 5-35 of this Law.
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(b) Every seller shall file, in the form as the Secretary
of State may prescribe, an irrevocable consent appointing the
Secretary of State or the successor in office to be the seller's
attorney to receive service of any lawful process in any
noncriminal suit, action or proceeding against the seller or the
seller's successor, executor or administrator which arises under
this Law after the consent has been filed, with the same force
and validity as if served personally on the person filing the
consent. Service may be made by delivering a copy of the process
in the office of the Secretary of State, but is not effective
unless the plaintiff or petitioner in a suit, action or
proceeding, forthwith sends notice of the service and a copy of
the process by registered or certified mail, return receipt
requested, to the defendant's or respondent's most current
address on file with the Secretary of State, and the plaintiff's
affidavit of compliance with this subsection is filed in the
case on or before the return date of the process, if any, or
within such further time as the court allows.
(c)(1) The Secretary of State shall by rule or regulation
| | impose and shall collect fees necessary for the administration of this Law including, but not limited to, fees for the following purposes:
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(A) filing a disclosure document and renewal fee;
(B) interpretive opinion fee;
(C) acceptance of service of process pursuant to
| | subsection (b) of Section 5-145;
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(D) issuance of certification pursuant to Section
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(E) late registration fee pursuant to Section
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(2) The Secretary of State may, by rule or
| | regulation, raise or lower any fee imposed by, and which he or she is authorized by law to collect under this Law.
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(d) A registration automatically becomes effective upon
the expiration of the 10th full business day after a complete
filing, provided that no order has been issued or proceeding
pending under Section 5-45 of this Law. The Secretary of State may
by order waive or reduce the time period prior to effectiveness,
provided that a complete filing has been made. The Secretary of
State may by order defer the effective date until the expiration
of the 10th full business day after the filing of any amendment.
(e) The registration is effective for one year commencing on
the date of effectiveness and may be renewed annually upon the
filing of a current disclosure document accompanied by any
documents or information that the Secretary of State may by rule
or regulation or order require. The annual renewal fee shall be
in the same amount as the initial registration fee as
established under subsection (c) of Section 5-30 of this Law which shall not be
returnable in any event. Failure to renew upon the close of the
one year period of effectiveness will result in expiration of the
registration. The Secretary of State may by rule or regulation
or order require the filing of a sales report.
(f) The Secretary of State may by rule or regulation or
order require the filing of all proposed literature or
advertising prior to its use.
(g) Notwithstanding the foregoing, applications for renewal of
registration of business opportunities may be filed within 30 days following
the expiration of the registration provided that the applicant pays the annual
registration fee together with an additional amount equal to the annual
registration fee and files any other information or documents that the
Secretary of State
may prescribe by rule or order. Any application filed within 30 days
following the expiration of the registration shall be automatically effective
as of the time of the earlier expiration provided that the proper fee has been
paid to the Secretary of State.
(Source: P.A. 96-648, eff. 10-1-09.)
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