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90_SB1020ham001
LRB9003480JSgcam03
1 AMENDMENT TO SENATE BILL 1020
2 AMENDMENT NO. . Amend Senate Bill 1020 on page 6,
3 line 17, by replacing "adding" with "changing Section 13.05
4 and adding"; and
5 on page 8 by inserting immediately below line 27 the
6 following:
7 "(g) No domestic or foreign corporation or domestic or
8 foreign limited liability company merged pursuant to this
9 Section shall be certified in Illinois for following
10 purposes:
11 (1) For the practice of medicine unless all
12 individuals with an ownership interest or who exercise
13 control governing organization or internal affairs
14 including owners, directors, shareholders, members or
15 managers are licensed to practice medicine in the State
16 of domicile or under the Medical Practice Act of 1987.
17 (2) For the practice of dentistry unless all
18 individuals with an ownership interest or who exercise
19 control governing organization or internal affairs
20 including owners, directors, shareholders, members or
21 managers are licensed to practice dentistry in the State
22 of domicile or under the Illinois Dental Practice Act.
-2- LRB9003480JSgcam03
1 (805 ILCS 5/13.05) (from Ch. 32, par. 13.05)
2 Sec. 13.05. Admission of foreign corporation. A foreign
3 corporation organized for profit, before it transacts
4 business in this State, shall procure a certificate of
5 authority so to do from the Secretary of State. A foreign
6 corporation organized for profit, upon complying with the
7 provisions of this Act, may secure from the Secretary of
8 State a certificate of authority to transact business in this
9 State, but no foreign corporation shall be entitled to
10 procure a certificate of authority under this Act to act as
11 trustee, executor, administrator, administrator to collect,
12 or guardian, or in any other like fiduciary capacity in this
13 State or to transact in this State the business of banking,
14 insurance, suretyship, or a business of the character of a
15 building and loan corporation; provided, however, that a
16 foreign corporation may obtain a certificate of authority
17 under this Act for the purpose of carrying on the business of
18 a syndicate or limited syndicate under Article V-1/2 of the
19 Illinois Insurance Code or for the purpose of carrying on
20 business as a member of a group including incorporated and
21 individual unincorporated underwriters under Article V of the
22 Illinois Insurance Code. A foreign professional service
23 corporation may secure a certificate of authority to transact
24 business in this State from the Secretary of State upon
25 complying with this Act and demonstrating compliance with the
26 Act regulating the professional service to be rendered by the
27 professional service corporation. However, no foreign
28 professional service corporation shall be granted a
29 certificate of authority for the following purposes:
30 (1) For the practice of medicine unless all
31 individuals with an ownership interest or who exercise
32 control governing organization or internal affairs
33 including owners, directors, or shareholders are licensed
34 to practice medicine in the State of domicile or under
-3- LRB9003480JSgcam03
1 the Medical Practice Act of 1987.
2 (2) For the practice of dentistry unless all
3 individuals with an ownership interest or who exercise
4 control governing organization or internal affairs
5 including owners, directors, or shareholders are licensed
6 to practice dentistry in the State of domicile or under
7 the Illinois Dental Practice Act.
8 A foreign corporation shall not be denied a certificate of
9 authority by reason of the fact that the laws of the state
10 under which such corporation is organized governing its
11 organization and internal affairs differ from the laws of
12 this State, and nothing in this Act contained shall be
13 construed to authorize this State to regulate the
14 organization or the internal affairs of such corporation.
15 (Source: P.A. 88-143; 88-535.)".