Public Act 100-0486
 
HB2713 EnrolledLRB100 04359 KTG 14365 b


  
    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;

        (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.

    (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) 
 
    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