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Illinois Compiled Statutes
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LIENS (770 ILCS 110/) Uniform Federal Lien Registration Act. 770 ILCS 110/1
(770 ILCS 110/1) (from Ch. 82, par. 401)
Sec. 1.
This Act applies only to federal tax liens and to other
federal liens notices of which under any Act of Congress or any regulation
adopted pursuant thereto are required or permitted to be filed in the same
manner as notices of federal tax liens.
(Source: P.A. 86-254.)
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770 ILCS 110/2
(770 ILCS 110/2) (from Ch. 82, par. 402)
Sec. 2.
(a) Notices of liens, certificates and other notices
affecting federal tax liens or other federal liens must be filed in
accordance with this Act.
(b) Notices of liens upon real property for obligations payable to the
United States and certificates and notices affecting the liens shall be
filed in the office of the Recorder of the county in which the real
property subject to the liens is situated.
(c) Notices of federal liens upon personal property, whether tangible or
intangible, for obligations payable to the United States and certificates
and notices affecting the liens shall be filed as follows:
(1) if the person against whose interest the lien applies is a
corporation or a partnership whose principal executive office is in this
State, as these entities are defined in the internal revenue laws of the
United States, in the office of the Secretary of State;
(2) if the person against whose interest the lien applies is a trust
that is not covered by paragraph (1), in the office of the Secretary of State;
(3) if the person against whose interest the lien applies is the estate
of a decedent, in the office of the Secretary of State;
(4) in all other cases, in the office of the Recorder of the county
where the person against whose interest the lien applies resides at the
time of filing of the notice of lien.
(Source: P.A. 86-254.)
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770 ILCS 110/3
(770 ILCS 110/3) (from Ch. 82, par. 403)
Sec. 3.
Certification of notices of liens, certificates or other
notices affecting federal liens by the Secretary of the Treasury of the
United States or his delegate, or by any official or entity of the United
States responsible for filing or certifying of notice of any other lien,
entitles them to be filed and no other attestation, certification or
acknowledgement is necessary.
(Source: P.A. 86-254.)
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770 ILCS 110/4
(770 ILCS 110/4) (from Ch. 82, par. 404)
Sec. 4.
(a) If a notice of federal lien, a refiling of a notice of
federal lien or a notice of revocation of any certificate described in
subsection (b) is presented to a filing officer who is:
(1) the Secretary of State, he shall cause the notice | | to be marked, held and indexed in accordance with the provisions of Section 9-519 of the Uniform Commercial Code as if the notice were a financing statement within the meaning of that Code; or
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(2) any other officer described in Section 2, he
| | shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien, the total amount appearing on the notice of lien, and in the case of federal tax liens, the collector's serial number of the notice.
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(b) If a certificate of release, nonattachment, discharge or
subordination of any lien is presented to the Secretary of State for filing he
shall:
(1) cause a certificate of release or nonattachment
| | to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, but the notice of lien to which the certificate relates may not be removed from the files; and
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(2) cause a certificate of discharge or subordination
| | to be marked, held and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.
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(c) If a refiled notice of federal lien referred to in subsection (a) or
any of the certificates or notices referred to in subsection (b) is
presented for filing to any other filing officer specified in Section 2, he
shall permanently attach the refiled notice or the certificate to the
original notice of lien and enter the refiled notice or the certificate
with the date of filing in any alphabetical lien index on the line where
the original notice of lien is entered.
(d) Upon request of any person, the filing officer shall issue his
certificate showing whether there is on file, on the date and hour stated
therein, any notice of lien or certificate or notice affecting any lien
filed under this Act or "An Act in relation to liens
of the United States of America", approved June 27, 1923, as
amended, naming a particular person, and if a notice or certificate is on
file, giving the date and hour of filing of each notice or certificate.
The fee for a certificate is $5. Upon request, the filing officer shall
furnish a copy of any notice of federal lien, or notice or certificate
affecting a federal lien, for a fee of 50¢ per page.
(Source: P.A. 91-893, eff. 7-1-01.)
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770 ILCS 110/5
(770 ILCS 110/5) (from Ch. 82, par. 405)
Sec. 5.
The fee for filing and indexing each notice of lien or
certificate or notice affecting the lien is:
(1) for a lien on real estate, $5;
(2) for a lien on tangible and intangible personal property, $5;
(3) for a certificate of discharge or subordination, $5;
(4) for all other notices, including a certificate of release or nonattachment, $5.
The fee for indexing each additional name in excess of one in any notice
of lien, certificate of discharge, or other notice affecting the lien is $1.
The officer shall bill the district directors of internal revenue or
other appropriate federal officials on a monthly basis for fees for
documents filed by them.
(Source: P.A. 86-254.)
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770 ILCS 110/6
(770 ILCS 110/6) (from Ch. 82, par. 406)
Sec. 6.
This Act shall be applied and construed to effectuate its
general purpose to make uniform the law with respect to the subject of this
Act among states enacting it.
(Source: P.A. 86-254.)
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770 ILCS 110/7
(770 ILCS 110/7) (from Ch. 82, par. 407)
Sec. 7.
This Act may be cited as the Uniform Federal Lien Registration Act.
(Source: P.A. 86-254.)
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