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Public Act 100-0486
Public Act 0486 100TH GENERAL ASSEMBLY
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Public Act 100-0486
| | HB2713 Enrolled | LRB100 04359 KTG 14365 b |
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| AN ACT concerning business.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 10. The Uniform Partnership Act (1997) is amended | by changing Section 108 and by adding Section 1209 as follows:
| (805 ILCS 206/108)
| Sec. 108. Fees.
| (a) The Secretary of State shall charge and collect in | accordance with
the provisions of this
Act and rules | promulgated under its authority:
| (1) fees for filing documents;
| (2) miscellaneous charges; and
| (3) fees for the sale of lists of filings and for | copies of any documents.
| (b) The Secretary of State shall charge and collect:
| (1) for furnishing a copy or certified copy of any | document, instrument,
or paper relating
to a registered | limited liability partnership, $25;
| (2) for the transfer of information by computer process | media to any
purchaser, fees
established by rule;
| (3) for filing a statement of partnership authority, | $25;
| (4) for filing a statement of denial, $25;
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| (5) for filing a statement of dissociation, $25;
| (6) for filing a statement of dissolution, $100;
| (7) for filing a statement of merger, $100;
| (8) for filing a statement of qualification for a | limited liability
partnership organized under the
laws of | this State, $100 for each partner, but in no event shall | the fee be
less than $200 or
exceed $5,000;
| (9) for filing a statement of foreign qualification, | $500;
| (10) for filing a renewal statement for a limited | liability partnership
organized under the laws of
this | State, $100 for each partner, but in no event shall the fee | be
less than $200 or
exceed $5,000;
| (11) for filing a renewal statement for a foreign | limited liability
partnership, $300;
| (12) for filing an amendment or cancellation of a | statement, $25;
| (13) for filing a statement of withdrawal, $100;
| (14) for the purposes of changing the registered agent | name or registered
office, or both,
$25;
| (15) for filing an application for reinstatement, | $200; | (16) for filing any other document, $25. | (c) All fees collected pursuant to this Act shall be | deposited into the
Division of
Corporations Registered Limited | Liability Partnership Fund.
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| (d) There is hereby continued in the State treasury a | special fund to be
known as the Division
of Corporations | Registered Limited Liability Partnership Fund. Moneys | deposited into the
Fund shall,
subject to appropriation, be | used by the Business Services Division of the
Office of the
| Secretary of State to administer the responsibilities of the | Secretary of
State under this Act.
On or before August 31 of | each year, the balance in the Fund in excess of $600,000 | $200,000 shall be transferred to the General Revenue Fund.
| (Source: P.A. 99-620, eff. 1-1-17; 99-933, eff. 1-27-17; | revised 2-2-17.)
| (805 ILCS 206/1209 new) | Sec. 1209. Expedited services; fees. | (a) As used in this Section: | "Department" means the Department of Business Services of | the Office of the Secretary of State. | "Expedited services" means services rendered within the | same day or within 24 hours after the time the request therefor | is submitted by the filer, law firm, service company, or | messenger physically, in person, or at the Secretary of State's | discretion, by electronic means to the Department's | Springfield office or Chicago office and includes requests for | certified copies, photocopies, and certificates of existence | or abstracts of computer record made to the Department's | Springfield office in person, by mail, or by fax or requests |
| for certificates of existence or abstracts of computer record | made in person to the Department's Chicago office. | (b) The Secretary of State shall charge and collect the | following fees for expedited services: | (1) Statement of Qualification or Foreign | Qualification, $100. | (2) Application for Reinstatement, $100. | (3) Statement of Merger, $200. | (4) Certificate of existence or computer abstract, | $20. | (5) All other filings and copies of documents, $50. | (c) All fees collected by and payable to the Secretary of | State under this Section shall be deposited into the Division | of Corporations Registered Limited Liability Partnership Fund | to the credit of an account within the Fund. Subject to | appropriation, moneys in the account shall be used by the | Department to create and maintain the capability to perform | expedited services in response to special requests made by the | public for same-day or 24-hour service and shall also be used | for purposes including, but not limited to, expenditures for | personal services, retirement, Social Security, contractual | services, equipment, electronic data processing, and | telecommunications. No other fees or charges collected under | this Act shall be credited to the account established under | this subsection (c)
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| Section 15. The Business Corporation Act of 1983 is amended | by changing Sections 12.43 and 14.05 as follows:
| (805 ILCS 5/12.43) | Sec. 12.43. Administrative dissolution; corporate name. | The Secretary of State shall not allow another corporation or | limited liability company to use the name of a domestic | corporation that has been administratively dissolved until 3 | years have elapsed following the date of issuance of the
| certificate of dissolution. If the domestic corporation that | has been administratively dissolved is reinstated within 3 | years after the date of issuance of the
certificate of | dissolution, the domestic corporation shall continue under its | previous name without impacting its continuous legal status, | unless the corporation petitions to change its name upon | reinstatement.
| (Source: P.A. 95-507, eff. 8-28-07.)
| (805 ILCS 5/14.05) (from Ch. 32, par. 14.05)
| Sec. 14.05. Annual report of domestic or foreign | corporation. Each domestic corporation organized under any | general law or
special act of this State authorizing the | corporation to issue shares,
other than homestead | associations, building and loan associations, banks
and | insurance companies (which includes a syndicate or limited | syndicate
regulated under Article V 1/2 of the Illinois |
| Insurance Code or member of a
group of underwriters regulated | under Article V of that Code), and each
foreign corporation | (except members of a group of underwriters regulated
under | Article V of the Illinois Insurance Code) authorized to | transact
business in this State, shall file, within the time | prescribed by this
Act, an annual report setting forth:
| (a) The name of the corporation.
| (b) The address, including street and number, or rural | route number, of
its registered office in this State, and | the name of its registered agent
at that address.
| (c) The address, including street and number, or rural | route number, of
its principal office.
| (d) The names and respective addresses, including | street and
number, or rural route number, of its directors | and officers.
| (e) A statement of the aggregate number of shares which | the corporation
has authority to issue, itemized by classes | and series, if any, within a class.
| (f) A statement of the aggregate number of issued | shares, itemized by
classes, and series, if any, within a | class.
| (g) A statement, expressed in dollars, of the amount of | paid-in capital
of the corporation as defined in this Act.
| (h) Either a statement that (1) all the property of the | corporation is
located in this State and all of its | business is transacted at or from places
of business in |
| this State, or the corporation elects to pay the annual
| franchise tax on the basis of its entire paid-in capital, | or (2) a
statement, expressed in dollars, of the value of | all the property owned by
the corporation, wherever | located, and the value of the property located
within this | State, and a statement, expressed in dollars, of the gross
| amount of business transacted by the corporation and the | gross amount thereof
transacted by the corporation at or | from places of business in this State
as of the close of | its fiscal year on or immediately preceding the last day of
| the third month prior to the anniversary month or in the | case of a
corporation which has established an extended | filing month, as of the close
of its fiscal year on or | immediately preceding the last day of the third month
prior | to the extended filing month; however, in the case of a | domestic
corporation that has not completed its first | fiscal year, the statement with
respect to property owned | shall be as of the last day of the third month
preceding | the anniversary month and the statement with respect to | business
transacted shall be furnished for the period | between the date
of incorporation and the last day of the | third month preceding the
anniversary month. In the case of | a foreign corporation that has not been
authorized to | transact business in this State for a period of 12 months | and
has not commenced transacting business prior to | obtaining
authority, the statement with respect to |
| property owned shall be as of the
last day of the third | month preceding the anniversary month and the
statement | with respect to business transacted shall be furnished for | the
period between the date of its authorization to | transact business in this
State and the last day of the | third month preceding the anniversary month.
If the data | referenced in item (2) of this subsection is not completed,
| the franchise tax provided for in this Act shall be | computed on the basis of
the entire paid-in capital.
| (i) A statement, including the basis therefor, of | status as a
"minority owned business" or as a "female owned | business" as those terms
are defined in the Business | Enterprise for
Minorities, Females, and Persons with | Disabilities Act.
| (j) Additional information as may be necessary or | appropriate in
order to enable the Secretary of State to | administer this Act and to verify
the proper amount of fees | and franchise taxes payable by the corporation.
| The annual report shall be made on forms prescribed and | furnished by
the Secretary of State, and the information | therein required by paragraphs
(a) through (d), both inclusive, | of this Section, shall be given as of the date
of the execution | of the annual report and the information therein required
by | paragraphs (e), (f) and (g) of this Section shall be given as | of the
last day of the third month preceding the anniversary | month, except that
the information required by paragraphs (e), |
| (f) and (g) shall, in the case
of a corporation which has | established an extended filing month, be given
in its final | transition annual report and each subsequent annual report as
| of the close of its fiscal year on or immediately preceding the | last day of the third month prior to its extended filing
month. | It shall be executed by the corporation by its president, a
| vice-president, secretary, assistant secretary, treasurer or | other officer
duly authorized by the board of directors of the | corporation to execute
those reports, and verified by him or | her, or, if the corporation is in the
hands of a receiver or | trustee, it shall be executed on behalf of the
corporation and | verified by the receiver or trustee.
| (Source: P.A. 92-16, eff. 6-28-01; 92-33, eff. 7-1-01; 93-59, | 7-1-03.)
| Section 99. Effective date. This Act takes effect January | 1, 2018. |
Effective Date: 1/1/2018
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