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| Public Act 100-0486 | ||||
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 10. The Uniform Partnership Act (1997) is amended | ||||
by changing Section 108 and by adding Section 1209 as follows:
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(805 ILCS 206/108)
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Sec. 108. Fees.
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(a) The Secretary of State shall charge and collect in | ||||
accordance with
the provisions of this
Act and rules | ||||
promulgated under its authority:
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(1) fees for filing documents;
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(2) miscellaneous charges; and
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(3) fees for the sale of lists of filings and for | ||||
copies of any documents.
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(b) The Secretary of State shall charge and collect:
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(1) for furnishing a copy or certified copy of any | ||||
document, instrument,
or paper relating
to a registered | ||||
limited liability partnership, $25;
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(2) for the transfer of information by computer process | ||||
media to any
purchaser, fees
established by rule;
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(3) for filing a statement of partnership authority, | ||||
$25;
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(4) for filing a statement of denial, $25;
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(5) for filing a statement of dissociation, $25;
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(6) for filing a statement of dissolution, $100;
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(7) for filing a statement of merger, $100;
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(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;
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(9) for filing a statement of foreign qualification, | ||
$500;
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(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;
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(11) for filing a renewal statement for a foreign | ||
limited liability
partnership, $300;
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(12) for filing an amendment or cancellation of a | ||
statement, $25;
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(13) for filing a statement of withdrawal, $100;
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(14) for the purposes of changing the registered agent | ||
name or registered
office, or both,
$25;
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(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
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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.
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(Source: P.A. 99-620, eff. 1-1-17; 99-933, eff. 1-27-17; | ||
revised 2-2-17.)
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(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
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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.
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(Source: P.A. 95-507, eff. 8-28-07.)
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(805 ILCS 5/14.05) (from Ch. 32, par. 14.05)
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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:
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(a) The name of the corporation.
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(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.
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(c) The address, including street and number, or rural | ||
route number, of
its principal office.
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(d) The names and respective addresses, including | ||
street and
number, or rural route number, of its directors | ||
and officers.
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(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.
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(f) A statement of the aggregate number of issued | ||
shares, itemized by
classes, and series, if any, within a | ||
class.
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(g) A statement, expressed in dollars, of the amount of | ||
paid-in capital
of the corporation as defined in this Act.
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(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
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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
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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
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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,
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the franchise tax provided for in this Act shall be | ||
computed on the basis of
the entire paid-in capital.
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(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.
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(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.
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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
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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
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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.
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(Source: P.A. 92-16, eff. 6-28-01; 92-33, eff. 7-1-01; 93-59, | ||
7-1-03.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2018. | ||