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90_SB0168
805 ILCS 5/1.23 new
805 ILCS 5/1.25 from Ch. 32, par. 1.25
Amends the Business Corporation Act of 1983. Requires
the Secretary of State to develop, implement, and maintain a
Statewide computerized database of information regarding
foreign and domestic corporations, not-for-profit
organizations, assumed name businesses, business trusts,
trademarks, service marks, limited partnership listings,
registered agents, corporate officers and directors, mergers,
name changes, authorized shares, Uniform Commercial Code
filings, tax and other liens, and published notices.
Provides that the public may have access to the database
through view-only terminals at offices of the Secretary of
State. Provides that the Secretary of State's yearly list of
corporations filing an annual report and daily list of all
newly formed corporations shall be available for review on
the Statewide computerized database.
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1 AN ACT to amend the Business Corporation Act of 1983.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Business Corporation Act of 1983 is
5 amended by changing Section 1.25 and adding Section 1.23 as
6 follows:
7 (805 ILCS 5/1.23 new)
8 Sec. 1.23. Statewide computerized database.
9 (a) The Secretary of State shall develop and implement a
10 Statewide computerized database to serve as both a filing
11 system for the Secretary of State and as an informational
12 interface for the public. The system must allow information
13 to be entered and retrieved from the system by both the
14 county offices and central office of the Secretary of State.
15 (b) Both the county offices and central office of the
16 Secretary of State shall enter into a central database
17 maintained by the Secretary of State information filed in
18 their offices regarding foreign and domestic corporations,
19 not-for-profit organizations, assumed name businesses,
20 business trusts, trademarks, service marks, limited
21 partnership listings, registered agents, corporate officers
22 and directors, mergers, name changes, authorized shares,
23 Uniform Commercial Code filings, tax and other liens, and
24 published notices.
25 (c) The Secretary of State may allow the public to have
26 electronic view-only access to the computerized records
27 maintained by the Secretary of State for a reasonable fee,
28 except that visual access to database display terminals at
29 the public counters in both the county offices and central
30 office of the Secretary of State shall be free of charge and
31 available during all public counter hours.
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1 (d) The Secretary of State shall promulgate rules to
2 implement the Statewide computerized database, including
3 emergency rules if necessary. The rules must accomplish each
4 of the following:
5 (1) allow filings to be made at all county offices
6 of the Secretary of State as well as the central office
7 of the Secretary of State;
8 (2) establish a Statewide computerized database for
9 all information filed with the Secretary of State
10 regarding foreign and domestic corporations,
11 not-for-profit organizations, assumed name businesses,
12 business trusts, trademarks, service marks, limited
13 partnership listings, registered agents, corporate
14 officers and directors, mergers, name changes, authorized
15 shares, Uniform Commercial Code filings, tax and other
16 liens, and published notices;
17 (3) provide procedures for entering data into the
18 database;
19 (4) allow both the county offices and central
20 office of the Secretary of State to have access to add,
21 modify, and delete information in the database as
22 provided for in the Illinois Administrative Procedure
23 Act;
24 (5) allow both the county offices and central
25 office of the Secretary of State to have access to the
26 Statewide computerized database for review and search
27 capabilities;
28 (6) allow both the county offices and central
29 office of the Secretary of State to have electronic
30 view-only access to the computerized records on file with
31 the Secretary of State;
32 (7) require the Secretary of State to maintain the
33 database;
34 (8) provide security and protection of all
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1 information in the database and monitor the database to
2 ensure that unauthorized entry is not allowed;
3 (9) require standardized information for entry into
4 the database; and
5 (10) establish a procedure for converting, possibly
6 in phases, from the existing filing system to a
7 computerized filing system.
8 (805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
9 Sec. 1.25. List of corporations. (a) The Secretary of
10 State shall publish each year a list of corporations filing
11 an annual report for the preceding year in accordance with
12 the provisions of this Act, which report shall state the name
13 of the corporation and the respective names and addresses of
14 the president, secretary, and registered agent thereof and
15 the address of the registered office in this State of each
16 such corporation. The Secretary of State shall furnish
17 without charge a copy of such report to each recorder of this
18 State, and to each member of the General Assembly and to each
19 State agency or department requesting the same. The Secretary
20 of State shall, upon receipt of a written request and a fee
21 as determined by the Secretary, furnish such report to anyone
22 else. The Secretary of State shall also make the report
23 available for review on the Statewide computerized database
24 as provided in Section 1.23.
25 (b) (1) The Secretary of State shall publish daily a
26 list of all newly formed corporations, business and not for
27 profit, chartered by him on that day issued after receipt of
28 the application. The daily list shall contain the same
29 information as to each corporation as is provided for the
30 corporation list published under subsection (a) of this
31 Section. The daily list may be obtained at the Secretary's
32 office by any person, newspaper, State department or agency,
33 or local government for a reasonable charge to be determined
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1 by the Secretary. The Secretary shall also make this
2 information available daily on the Statewide computerized
3 database as provided in Section 1.23.
4 Inspection of the daily list may be made at the
5 Secretary's office during normal business hours without
6 charge by any person, newspaper, State department or agency,
7 or local government through database display terminals.
8 (2) The Secretary shall compile the daily list mentioned
9 in paragraph (1) of subsection (b) of this Section monthly,
10 or more often at the Secretary's discretion. The compilation
11 shall be immediately mailed free of charge to all local
12 governments requesting in writing receipt of such
13 publication, or shall be automatically mailed by the
14 Secretary without charge to local governments as determined
15 by the Secretary. The Secretary shall mail a copy of the
16 compilations free of charge to all State departments or
17 agencies making a written request. A request for a
18 compilation of the daily list once made by a local government
19 or State department or agency need not be renewed. However,
20 the Secretary may request from time to time whether the local
21 governments or State departments or agencies desire to
22 continue receiving the compilation.
23 (3) The compilations of the daily list mentioned in
24 paragraph (2) of subsection (b) of this Section shall be
25 mailed to newspapers, or any other person not included as a
26 recipient in paragraph (2) of subsection (b) of this Section,
27 upon receipt of a written application signed by the applicant
28 and accompanied by the payment of a fee as determined by the
29 Secretary.
30 (Source: P.A. 83-1362.)