Section 178.20  Filing Requirements

a)         All entities, other than natural persons, serving as a member or manager in a limited liability company must provide evidence of existence upon request of the Secretary of State.  Such evidence shall be provided in the formats set forth in subsections (a)(1)-(4) of this Section.  All other entities not specifically addressed shall provide proof of existence in the manner prescribed by subsections (a)(1)-(4) that most appropriately applies to their entity format.

1)         Corporations, limited liability companies, limited partnerships and limited liability partnerships shall provide either a Certificate of Existence or a Certificate of Good Standing duly authenticated by the proper officer from the state or country of domicile.

2)         General partnerships shall provide a statement of information that includes the name of the partnership, the state of formation, the county of formation, the date of formation, the address at which the records of the partnership are kept, and the names and addresses of all partners.  The statement shall be sworn to, dated and executed by one of the general partners.

3)         Trusts shall provide a statement of information concerning the trust that includes the name of the trust, the date of its creation, the name of all trustees, the location, including state and county, of the trust, and that the trust is currently in full force and effect.  The statement shall be dated and executed by a trustee.

4)         Estates shall provide a copy of the relevant court order currently dated and executed.

b)         Documents transmitted for filing electronically must include the name of the person making the submission.  The inclusion shall constitute the affirmation or acknowledgement of the person, under penalties of perjury, that the instrument is his or her act and deed or the act and deed of the limited liability company, as the case may be, and that the facts stated in the submission are true.  Compliance with this Section shall satisfy the signature requirements of Section 5-45 of the Limited Liability Company Act, which shall otherwise apply.

(Source:  Amended at 32 Ill. Reg. 12046, effective July 16, 2008)