Section 166.60  Sale of Information

a)         Information concerning any limited liability partnership shall be available to the public from the Department of Business Services upon written request, or by telephone or in person, or, if technology is available, on line through interactive computer.

b)         Information in the form of an abstract of record concerning the limited liability partnerships on file with the Department shall be printed from the computer file of the Department and shall consist of the limited liability partnership name, its date of qualification, its registered agent, the address of the office at which the records are maintained, the foreign jurisdiction where formed (if applicable), the date of filing with the Department, and the file number assigned by the Department.  The fee for each abstract of record shall be $25.

c)         Copies of all documents pertaining to limited liability partnerships on file with the Department are available:

1)         upon written request and payment of the required fee.

2)         by telephone request with advance payment using a credit card, a debit card or an electronic funds transfer.

3)         in person and with payment of the required fee at the Department's address set forth in Section 166.30.

d)         Computer connections by non-Department users:

1)         Computer terminal connections to the Secretary's computer may be provided to other State agencies.  This service may be made available at no charge so long as the requesting agency incurs all costs and so long as the service does not substantially increase costs or network traffic on the Secretary's computer.

2)         Computer terminal connections may be allowed to commercial users provided that all costs are borne by the commercial user.  The allowance of computer terminal connections shall be contingent upon the best interests of the Office of the Secretary of State, cost-effectiveness of providing the information through computer terminal connections as opposed to other methods, and other factors that may impede the operations of the Office of the Secretary of State.  This service will be suspended at any time should the connection interfere with the Secretary's internal work schedules and processing.

3)         Fees for information supplied by means of computer connections between the Secretary of State's computers and those of any other agency, corporation, or person may be paid on an annual basis for all information delivered during that year, as determined by the Secretary and the agency or person to be the economically simplest way of billing.  The proper fee shall be determined by negotiation between the agency or commercial user and the Director based upon telephone line charges, rental or purchase fees for terminals, and any other appropriate factors, such as the statutory fees set forth at 805 ILCS 206/108 for certificates of information, and the requirements of this Part.

4)         No users may print any list or abstract from the computer connection.  Lists of UPA information including the names and information for all limited liability partnerships may only be purchased pursuant to the provisions of this Part.  Computer connections are to be used only to look up information.  No changes on the Department's UPA files may be made by any computer connection user.

e)         Terms and conditions for computer maintained UPA information:

1)         The information supplied by the Department to other agencies, commercial users, or other persons shall be in the abstract format only, as specified in subsection (b) of this Section.

2)         The fee for the entire file of current and expired limited liability partnerships shall be determined in accordance with the provisions of subsection (d)(3) of this Section.  If the file is purchased on computer disc or tape, the purchaser shall supply the Department with computer disc, discs, tape or tapes, compatible with the Secretary's computer equipment, on to which discs or tapes the information shall be transferred.

3)         All purchase requests shall be submitted in writing to the Director.  Payment shall be made to the Department before delivery of the information to the purchaser.  No refunds will be made after the request is approved by the Director.  Payment shall be made by check or money order payable to the "Secretary of State", or by credit or debit card.

4)         All commercial or other type purchasers shall sign a written agreement setting forth the terms and conditions required by Illinois law, and as may be deemed appropriate after negotiation between the Department and the purchaser.

5)         The commercial purchaser shall not resell to any other purchaser the information obtained from the Department in the same form or format in which it is obtained from the Department.  Resale of information in the same form or format shall result in cancellation of access to information by the Department.  The commercial purchaser may sell the information to the subscribers of its computer or business information services only as information specific to an individual limited partnership, as needed by the subscriber.

(Source:  Amended at 33 Ill. Reg. 9129, effective July 6, 2009)