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91_HB2991
LRB9108078SMmb
1 AN ACT concerning business names.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Business Corporation Act of 1983 is
5 amended by adding Section 3.25 and by changing Sections 4.15
6 and 16.05 as follows:
7 (805 ILCS 5/3.25 new)
8 Sec. 3.25. Locale misrepresentation. A foreign
9 corporation may not intentionally misrepresent in the conduct
10 of its business the corporation's geographic origin or
11 location on a sign, advertisement, or telephone listing by
12 using an Illinois or toll-free telephone number that when
13 called is forwarded or otherwise transferred to a business
14 location outside Illinois.
15 (805 ILCS 5/4.15) (from Ch. 32, par. 4.15)
16 Sec. 4.15. Assumed corporate name.
17 (a) A domestic corporation or a foreign corporation
18 admitted to transact business or attempting to gain admission
19 to transact business may elect to adopt an assumed corporate
20 name that complies with the requirements of paragraphs (2),
21 (3), (4), (5) and (6) of subsection (a) of Section 4.05 of
22 this Act with respect to corporate names.
23 (b) As used in this Act, "assumed corporate name" means
24 any corporate name other than the true corporate name, except
25 that the following shall not constitute the use of an assumed
26 corporate name under this Act:
27 (1) the identification by a corporation of its
28 business with a trademark or service mark of which it is
29 the owner or licensed user; and
30 (2) the use of a name of a division, not separately
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1 incorporated and not containing the word "corporation",
2 "incorporated", or "limited" or an abbreviation of one of
3 such words, provided the corporation also clearly
4 discloses its corporate name.
5 (c) Before transacting any business in this State under
6 an assumed corporate name or names, the corporation shall,
7 for each assumed corporate name, pursuant to resolution by
8 its board of directors, execute and file in duplicate in
9 accordance with Section 1.10 of this Act, an application
10 setting forth:
11 (1) The true corporate name.
12 (2) The state or country under the laws of which it
13 is organized.
14 (3) That it intends to transact business under an
15 assumed corporate name.
16 (4) The assumed corporate name which it proposes to
17 use.
18 (d) The right to use an assumed corporate name shall be
19 effective from the date of filing by the Secretary of State
20 until the first day of the anniversary month of the
21 corporation that falls within the next calendar year evenly
22 divisible by 5 five, however, if an application is filed
23 within the 2 months immediately preceding the anniversary
24 month of a corporation that falls within a calendar year
25 evenly divisible by 5 five, the right to use the assumed
26 corporate name shall be effective until the first day of the
27 anniversary month of the corporation that falls within the
28 next succeeding calendar year evenly divisible by 5 five.
29 (e) A corporation shall renew the right to use its
30 assumed corporate name or names, if any, within the 60 sixty
31 days preceding the expiration of such right, for a period of
32 5 five years, by making an election to do so at the time of
33 filing its annual report form and by paying the renewal fee
34 as prescribed by this Act.
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1 (f) Once an application for an assumed corporate name
2 has been filed by the Secretary of State, one copy thereof
3 may be filed for record in the office of the recorder of the
4 county in which the registered office of the corporation is
5 situated in this State.
6 (g) A foreign corporation may not use an assumed or
7 fictitious name in the conduct of its business to
8 intentionally misrepresent the geographic origin or location
9 of the corporation within Illinois.
10 (Source: P.A. 84-924.)
11 (805 ILCS 5/16.05) (from Ch. 32, par. 16.05)
12 Sec. 16.05. Penalties and interest imposed upon
13 corporations.
14 (a) Each corporation, domestic or foreign, that fails or
15 refuses to file any annual report or report of cumulative
16 changes in paid-in capital and pay any franchise tax due
17 pursuant to the report prior to the first day of its
18 anniversary month or, in the case of a corporation which has
19 established an extended filing month, the extended filing
20 month of the corporation shall pay a penalty of 10% of the
21 amount of any delinquent franchise tax due for the report.
22 (b) Each corporation, domestic or foreign, that fails or
23 refuses to file a report of issuance of shares or increase in
24 paid-in capital within the time prescribed by this Act is
25 subject to a penalty on any obligation occurring prior to
26 January 1, 1991, and interest on those obligations on or
27 after January 1, 1991, for each calendar month or part of
28 month that it is delinquent in the amount of 1% of the amount
29 of license fees and franchise taxes provided by this Act to
30 be paid on account of the issuance of shares or increase in
31 paid-in capital.
32 (c) Each corporation, domestic or foreign, that fails or
33 refuses to file a report of cumulative changes in paid-in
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1 capital or report following merger within the time prescribed
2 by this Act is subject to interest on or after January 1,
3 1992, for each calendar month or part of month that it is
4 delinquent, in the amount of 1% of the amount of franchise
5 taxes provided by this Act to be paid on account of the
6 issuance of shares or increase in paid-in capital disclosed
7 on the report of cumulative changes in paid-in capital or
8 report following merger, or $1, whichever is greater.
9 (d) If the annual franchise tax, or the supplemental
10 annual franchise tax for any 12-month period commencing July
11 1, 1968, or July 1 of any subsequent year through June 30,
12 1983, assessed in accordance with this Act, is not paid by
13 July 31, it is delinquent, and there is added a penalty prior
14 to January 1, 1991, and interest on and after January 1,
15 1991, of 1% for each month or part of month that it is
16 delinquent commencing with the month of August, or $1,
17 whichever is greater.
18 (e) If the supplemental annual franchise tax assessed in
19 accordance with the provisions of this Act for the 12-month
20 period commencing July 1, 1967, is not paid by September 30,
21 1967, it is delinquent, and there is added a penalty prior to
22 January 1, 1991, and interest on and after January 1, 1991,
23 of 1% for each month or part of month that it is delinquent
24 commencing with the month of October, 1967.
25 (f) If any annual franchise tax for any period beginning
26 on or after July 1, 1983, is not paid by the time period
27 herein prescribed, it is delinquent and there is added a
28 penalty prior to January 1, 1991, and interest on and after
29 January 1, 1991, of 1% for each month or part of a month that
30 it is delinquent commencing with the anniversary month or in
31 the case of a corporation that has established an extended
32 filing month, the extended filing month, or $1, whichever is
33 greater.
34 (g) Any corporation, domestic or foreign, failing to pay
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1 the prescribed fee for assumed corporate name renewal when
2 due and payable shall be given notice of nonpayment by the
3 Secretary of State by regular mail; and if the fee together
4 with a penalty fee of $5 is not paid within 90 days after the
5 notice is mailed, the right to use the assumed name shall
6 cease.
7 (h) Any corporation which (i) puts forth any sign, or
8 advertisement, or telephone listing, assuming any name other
9 than that by which it is incorporated or otherwise authorized
10 by law to act or (ii) violates Section 3.25, shall be guilty
11 of a Class C misdemeanor and shall be deemed guilty of an
12 additional offense for each day it shall continue to so
13 offend.
14 (i) Each corporation, domestic or foreign, that fails or
15 refuses (1) to file in the office of the recorder within the
16 time prescribed by this Act any document required by this Act
17 to be so filed, or (2) to answer truthfully and fully within
18 the time prescribed by this Act interrogatories propounded by
19 the Secretary of State in accordance with this Act, or (3) to
20 perform any other act required by this Act to be performed by
21 the corporation, is guilty of a Class C misdemeanor.
22 (j) Each corporation that fails or refuses to file
23 articles of revocation of dissolution within the time
24 prescribed by this Act is subject to a penalty for each
25 calendar month or part of the month that it is delinquent in
26 the amount of $50.
27 (Source: P.A. 91-464, eff. 1-1-00.)
28 Section 10. The General Not For Profit Corporation Act
29 of 1986 is amended by adding Section 103.25 and by changing
30 Sections 104.15 and 116.05 as follows:
31 (805 ILCS 105/103.25 new)
32 Sec. 103.25. Locale misrepresentation. A foreign
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1 corporation may not intentionally misrepresent in the conduct
2 of its business the corporation's geographic origin or
3 location on a sign, advertisement, or telephone listing by
4 using an Illinois or toll-free telephone number that when
5 called is forwarded or otherwise transferred to a business
6 location outside Illinois.
7 (805 ILCS 105/104.15) (from Ch. 32, par. 104.15)
8 Sec. 104.15. Assumed corporate name.
9 (a) A domestic corporation or a foreign corporation
10 admitted to conduct affairs or attempting to gain admission
11 to conduct affairs may elect to adopt an assumed corporate
12 name that complies with the requirements of subsection (a) of
13 Section 104.05 of this Act with respect to corporate names.
14 (b) As used in this Act, "assumed corporate name" means
15 any corporate name other than the true corporate name, except
16 that the following shall not constitute the use of an assumed
17 corporate name under this Act:
18 (1) The identification by a corporation of the
19 conduct of its affairs with a trademark or service mark
20 of which it is the owner or licensed user; or
21 (2) The use of the name of a division, not
22 separately incorporated and not containing the word
23 "corporation," "incorporated," or "limited" or an
24 abbreviation of one of such words, provided the
25 corporation also clearly discloses its corporate name.
26 (c) Before conducting any affairs in this State under an
27 assumed corporate name or names, the corporation shall, for
28 each assumed corporate name, pursuant to resolution by its
29 board of directors, execute and file in accordance with
30 Section 101.10 of this Act, an application setting forth:
31 (1) The true corporate name;
32 (2) The State or country under the laws of which it
33 is organized;
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1 (3) That it intends to conduct affairs under an
2 assumed corporate name;
3 (4) The assumed corporate name which it proposes to
4 use.
5 (d) The right to use an assumed corporate name shall be
6 effective from the date of filing by the Secretary of State
7 until the first day of the anniversary month of the
8 corporation that falls within the next calendar year evenly
9 divisible by 5 five, except that if an application is filed
10 within the 2 two months immediately preceding the anniversary
11 month of a corporation that falls within a calendar year
12 evenly divisible by 5 five, the right to use the assumed
13 corporate name shall be effective until the first day of the
14 anniversary month of the corporation that falls within the
15 next succeeding calendar year evenly divisible by 5 five.
16 (e) A corporation shall renew the right to use its
17 assumed corporate name or names, if any, within the 60 sixty
18 days preceding the expiration of such right, for a period of
19 5 five years, by making an election to do so at the time of
20 filing its annual report form and by paying the renewal fee
21 as prescribed by this Act.
22 (f) Once an application for an assumed corporate name
23 has been filed by the Secretary of State, one copy thereof
24 may be filed for record in the office of the Recorder of the
25 county in which the registered office of the corporation is
26 situated in this State.
27 (g) A foreign corporation may not use an assumed or
28 fictitious name in the conduct of its business to
29 intentionally misrepresent the geographic origin or location
30 of the corporation within Illinois.
31 (Source: P.A. 84-1423.)
32 (805 ILCS 105/116.05) (from Ch. 32, par. 116.05)
33 Sec. 116.05. Penalties imposed upon corporations. (a)
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1 Each corporation, domestic or foreign, that fails or refuses
2 to file its annual report prior to the first day of its
3 anniversary month shall pay a penalty of $3.
4 (b) Any corporation, domestic or foreign, failing to pay
5 the prescribed fee for assumed corporate name renewal when
6 due and payable shall be given notice of such nonpayment by
7 the Secretary of State by regular mail; and if such fee
8 together with a penalty fee of $5 is not paid within 90 days
9 after such notice is mailed, the right to use such assumed
10 name shall cease.
11 (c) Any corporation which (i) puts forth any sign, or
12 advertisement, or telephone listing, assuming any name other
13 than that by which it is incorporated or otherwise authorized
14 by law to act or (ii) violates Section 103.25, shall be
15 guilty of a Class C misdemeanor and shall be deemed guilty of
16 an additional offense for each day it shall continue to so
17 offend.
18 (d) Each corporation, domestic or foreign, that fails or
19 refuses (1) to answer truthfully and fully within the time
20 prescribed by this Act interrogatories propounded by the
21 Secretary of State in accordance with this Act, or (2) to
22 perform any other act required by this Act to be performed by
23 the corporation, is guilty of a Class C misdemeanor.
24 (e) Each corporation that fails or refuses to file
25 articles of revocation of dissolution within the time period
26 prescribed by this Act is subject to a penalty for each
27 calendar month or part of the month that it is delinquent in
28 the amount of $25.00.
29 (Source: P.A. 85-1269.)
30 Section 15. The Merger of Not For Profit Corporations
31 Act is amended by changing Section 1 and adding Section 1.5
32 as follows:
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1 (805 ILCS 120/1) (from Ch. 32, par. 188a)
2 Sec. 1. Name. Any 2 two or more societies, corporations
3 or associations of the same or a similar nature, organized
4 under any special or general law of this State, or of any
5 State of these United States pertaining to corporations not
6 for pecuniary profit for the purpose of conducting any kind
7 of business or enterprise for any lawful purpose other than
8 for pecuniary profit including religious corporations, may
9 merge or consolidate into a single corporation. The
10 corporation formed by the merger or consolidation may take
11 either the name of one of such merging or consolidating
12 corporations; provided, said name is not the same as or
13 similar to that of a corporation then existing under the laws
14 of this State or of a foreign corporation licensed to do
15 business in this State, or a new name not the same as or
16 similar to that of a corporation then existing under the laws
17 of this State or of a foreign corporation licensed to do
18 business in this State.
19 A foreign corporation may not use or take an assumed or
20 fictitious name in the conduct of its business that
21 intentionally misrepresents the geographic origin or location
22 of the corporation within Illinois.
23 (Source: Laws 1935, p. 618.)
24 (805 ILCS 120/1.5 new)
25 Sec. 1.5. Locale misrepresentation. A foreign
26 corporation may not intentionally misrepresent in the conduct
27 of its business the corporation's geographic origin or
28 location on a sign, advertisement, or telephone listing by
29 using an Illinois or toll-free telephone number that when
30 called is forwarded or otherwise transferred to a business
31 location outside Illinois.
32 Section 20. The Limited Liability Company Act is amended
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1 by changing Section 1-20 and adding Section 1-27 as follows:
2 (805 ILCS 180/1-20)
3 Sec. 1-20. Assumed name.
4 (a) A limited liability company or a foreign limited
5 liability company admitted to transact business or making
6 application for admission to transact business in Illinois
7 may elect to adopt an assumed name that complies with the
8 requirements of Section 1-10 of this Act except (a)(1) shall
9 contain the term "limited liability company", "L.L.C.", or
10 "LLC".
11 (a-5) As used in this Act, "assumed name" means any name
12 other than the true limited liability company name, except
13 that the following do not constitute the use of an assumed
14 name under this Act:
15 (1) A limited liability company's identification of
16 its business with a trademark or service mark of which
17 the company is the owner or licensed user.
18 (2) The use of a name of a division, not containing
19 the word "limited", "liability", or "company" or an
20 abbreviation of one of those words, provided that the
21 limited liability company also clearly discloses its true
22 name.
23 (b) Before transacting any business in Illinois under an
24 assumed limited liability company name or names, the limited
25 liability company shall, for each assumed name, execute and
26 file in duplicate an application setting forth all of the
27 following:
28 (1) The true limited liability company name.
29 (2) The state or country under the laws of which it
30 is organized.
31 (3) That it intends to transact business under an
32 assumed limited liability company name.
33 (4) The assumed name that it proposes to use.
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1 (c) The right to use an assumed name shall be effective
2 from the date of filing by the Secretary of State until the
3 first day of the anniversary month of the limited liability
4 company that falls within the next calendar year evenly
5 divisible by 5. However, if an application is filed within
6 the 2 months immediately preceding the anniversary month of a
7 limited liability company that falls within a calendar year
8 evenly divisible by 5, the right to use the assumed name
9 shall be effective until the first day of the anniversary
10 month of the limited liability company that falls within the
11 next succeeding calendar year evenly divisible by 5.
12 (d) A limited liability company shall renew the right to
13 use its assumed name or names, if any, within the 60 days
14 preceding the expiration of the right, for a period of 5
15 years, by making an election to do so at the time of filing
16 its annual report form and by paying the renewal fee as
17 prescribed by this Act.
18 (e) A limited liability company or foreign limited
19 liability company may change or cancel any or all of its
20 assumed names by executing and filing an application setting
21 forth all of the following:
22 (1) The true limited liability company name.
23 (2) The state or country under the laws of which it
24 is organized.
25 (3) That it intends to cease transacting business
26 under an assumed name by changing or cancelling it.
27 (4) The assumed name to be changed or cancelled.
28 (5) If the assumed name is to be changed, the
29 assumed name that the limited liability company proposes
30 to use.
31 (f) Upon the filing of an application to change an
32 assumed name, the limited liability company shall have the
33 right to use the assumed name for the balance of the period
34 authorized.
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1 (g) The right to use an assumed name shall be cancelled
2 by the Secretary of State if any of the following occurs:
3 (1) The limited liability company fails to renew an
4 assumed name.
5 (2) The limited liability company has filed an
6 application to change or cancel the assumed name.
7 (3) A limited liability company has been dissolved.
8 (4) A foreign limited liability company has had its
9 admission to do business in Illinois revoked.
10 (h) Any limited liability company or foreign limited
11 liability company failing to pay the prescribed fee for
12 assumed name renewal when due and payable shall be given
13 notice of nonpayment by the Secretary of State by regular
14 mail. If the fee, together with a late fee of $100, is not
15 paid within 60 days after the notice is mailed, the right to
16 use the assumed name shall cease. Any limited liability
17 company or foreign limited liability company that (i) puts
18 forth any sign, or advertisement, or telephone listing
19 assuming any name other than that under which it is organized
20 or otherwise authorized by law to act or (ii) violates
21 Section 1-27 is guilty of a petty business offense and shall
22 be fined not less than $501 and not more than $1,000. A
23 limited liability company or foreign limited liability
24 company shall be deemed guilty of an additional offense for
25 each day it shall continue to so offend. Each limited
26 liability company or foreign limited liability company that
27 fails or refuses (1) to answer truthfully and fully within
28 the time prescribed by this Act interrogatories propounded by
29 the Secretary of State in accordance with this Act or (2) to
30 perform any other act required by this Act to be performed by
31 the limited liability company or foreign limited liability
32 company is guilty of a petty business offense and shall be
33 fined not less than $501 and not more than $1,000.
34 (i) A foreign limited liability company may not use an
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1 assumed or fictitious name in the conduct of its business to
2 intentionally misrepresent the geographic origin or location
3 of the company.
4 (Source: P.A. 91-354, eff. 1-1-00.)
5 (805 ILCS 180/1-27 new)
6 Sec. 1-27. Locale misrepresentation. A foreign limited
7 liability company may not intentionally misrepresent in the
8 conduct of its business the company's geographic origin or
9 location on a sign, advertisement, or telephone listing by
10 using an Illinois or toll-free telephone number that when
11 called is forwarded or otherwise transferred to a business
12 location outside Illinois.
13 Section 25. The Uniform Partnership Act is amended by
14 adding Section 6.5 and changing Section 8.2 as follows:
15 (805 ILCS 205/6.5 new)
16 Sec. 6.5. Prohibited name; locale misrepresentation. A
17 foreign partnership may not use an assumed or fictitious name
18 in the conduct of its business to intentionally misrepresent
19 the geographic origin or location of the partnership. A
20 foreign partnership may not intentionally misrepresent in the
21 conduct of its business the partnership's geographic origin
22 or location on a sign, advertisement, or telephone listing by
23 using an Illinois or toll-free telephone number that when
24 called is forwarded or otherwise transferred to a business
25 location outside Illinois. A partnership that violates this
26 Section is guilty of a petty offense and must be fined not
27 less than $501 and not more than $1,000. A partnership is
28 guilty of an additional offense for each additional day in
29 violation of this Section.
30 (805 ILCS 205/8.2)
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1 Sec. 8.2. Name of registered limited liability
2 partnership; misrepresentation.
3 (a) The name of a registered limited liability
4 partnership shall contain the words "Registered Limited
5 Liability Partnership" or the abbreviation "L.L.P." or the
6 designation "LLP" as the last words or letters of its name.
7 (b) A foreign partnership may not use an assumed or
8 fictitious name in the conduct of its business to
9 intentionally misrepresent the geographic origin or location
10 of the partnership. A foreign partnership may not
11 intentionally misrepresent in the conduct of its business the
12 partnership's geographic origin or location on a sign,
13 advertisement, or telephone listing by using an Illinois or
14 toll-free telephone number that when called is forwarded or
15 otherwise transferred to a business location outside
16 Illinois. A partnership that violates this subsection is
17 guilty of a petty offense and must be fined not less than
18 $501 and not more than $1,000. A partnership is guilty of an
19 additional offense for each additional day in violation of
20 this Section.
21 (Source: P.A. 88-573, eff. 8-11-94.)
22 Section 30. The Revised Uniform Limited Partnership Act
23 is amended by changing Section 102 and adding Section 105.5
24 as follows:
25 (805 ILCS 210/102) (from Ch. 106 1/2, par. 151-3)
26 Sec. 102. Name.
27 (a) The name of each limited partnership as set forth in
28 its certificate of limited partnership:
29 (1) shall contain the words "limited partnership"
30 or the abbreviation "L.P.";
31 (2) may not contain the name of a limited partner
32 unless (i) it is also the name of a general partner or
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1 the corporate name of a corporate general partner, or
2 (ii) the business of the limited partnership had been
3 carried on under the name before the admission of that
4 limited partner as a limited partner;
5 (3) may not contain a word or phrase, or an
6 abbreviation or derivation thereof, the use of which is
7 prohibited or restricted by any other statute of this
8 State unless such restriction has been complied with;
9 (4) shall consist of letters of the English
10 alphabet, Arabic or Roman numerals, or symbols capable of
11 being readily reproduced by the Office of the Secretary
12 of State; and
13 (5) shall not contain any of the following terms:
14 "Corporation", "Corp.", "Incorporated", "Inc.", "Company"
15 or "Co."; and.
16 (6) may not contain an assumed or fictitious name
17 for the conduct of its business to intentionally
18 misrepresent the origin or location of the partnership.
19 (b) Nothing in this Section or Section 108 shall:
20 (1) require any limited partnership existing under
21 the "Uniform Limited Partnership Act", filed June 28,
22 1917, as amended, to modify or otherwise change its name;
23 or
24 (2) abrogate or limit the common law or statutory
25 law of unfair competition or unfair trade practices, nor
26 derogate from the common law or principles of equity or
27 the statutes of this State or of the United States with
28 respect to the right to acquire and protect copyrights,
29 trade names, trademarks, service marks, service names, or
30 any other right to the exclusive use of names or symbols.
31 (c) Except for subsection (i) of Section 108, a limited
32 partnership under this Act shall not be subject to the
33 provisions of the Assumed Business Name Act "An Act in
34 relation to the use of an assumed name in the conduct or
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1 transaction of business in this State", approved July 17,
2 1941, as amended.
3 (Source: P.A. 86-836.)
4 (805 ILCS 210/105.5 new)
5 Sec. 105.5. Locale misrepresentation. A foreign
6 partnership may not intentionally misrepresent in the conduct
7 of its business the partnership's geographic origin or
8 location on a sign, advertisement, or telephone listing by
9 using an Illinois or toll-free telephone number that when
10 called is forwarded or otherwise transferred to a business
11 location outside Illinois. A partnership that violates this
12 Section is guilty of a petty offense and must be fined not
13 less than $501 and not more than $1,000. A partnership is
14 guilty of an additional offense for each additional day in
15 violation of this Section.
16 Section 35. The Assumed Business Name Act is amended by
17 changing Section 1 and adding Section 3b as follows:
18 (805 ILCS 405/1) (from Ch. 96, par. 4)
19 Sec. 1. Certificate; misrepresentation. No person or
20 persons shall conduct or transact business in this State
21 under an assumed name, or under any designation, name or
22 style, corporate or otherwise, other than the real name or
23 names of the individual or individuals conducting or
24 transacting such business, unless such person or persons
25 shall file in the office of the County Clerk of the County in
26 which such person or persons conduct or transact or intend to
27 conduct or transact such business, a certificate setting
28 forth the name under which the business is, or is to be,
29 conducted or transacted, and the true or real full name or
30 names of the person or persons owning, conducting or
31 transacting the same, with the post office address or
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1 addresses of such person or persons and every address where
2 such business is, or is to be, conducted or transacted in the
3 county. The certificate shall be executed and duly
4 acknowledged by the person or persons so conducting or
5 intending to conduct the business.
6 Notice of the filing of such certificate shall be
7 published in a newspaper of general circulation published
8 within the county in which the certificate is filed. Such
9 notice shall be published once a week for 3 consecutive
10 weeks. The first publication shall be within 15 days after
11 the certificate is filed in the office of the County Clerk.
12 Proof of publication shall be filed with the County Clerk
13 within 50 days from the date of filing the certificate. Upon
14 receiving proof of publication, the clerk shall issue a
15 receipt to the person filing such certificate but no
16 additional charge shall be assessed by the clerk for giving
17 such receipt. Unless proof of publication is made to the
18 clerk, the certificate of registration of the assumed name is
19 void.
20 If any person changes his name or his residence address
21 or the address of any place of business in the county where
22 such assumed name is being employed after filing a
23 certificate, or if the name of a person is added to any
24 business organization for which a certificate is on file,
25 such person shall file an additional, duly acknowledged
26 certificate in the office of the County Clerk of the county
27 in which such person transacts business under an assumed
28 name. The certificate shall set out the change or addition as
29 the case may be. Such certificate shall also set out the post
30 office address of the person. If any business organization
31 for which such certificate has been filed in any county of
32 this State shall remove its place of business to another
33 county in this State or shall establish an additional
34 location for doing business in another county of this State,
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1 a certificate shall be filed in the office of the County
2 Clerk of such other county and notice of the filing of such
3 certificate of a change or addition of a name shall be
4 published and proof of publication made pursuant to the
5 provisions of this section in the same manner as is provided
6 for original certificates to do business under an assumed
7 name.
8 A foreign person or foreign entity may not use an assumed
9 or fictitious name in the conduct of its business to
10 intentionally misrepresent the origin or location of the
11 person or entity.
12 (Source: P.A. 86-622.)
13 (805 ILCS 405/3b new)
14 Sec. 3b. Locale misrepresentation. A foreign person or
15 foreign entity may not intentionally misrepresent in the
16 conduct of its business the geographic origin or location of
17 the person or entity on a sign, advertisement, or telephone
18 listing by using an Illinois or toll-free telephone number
19 that when called is forwarded or otherwise transferred to a
20 business location outside Illinois.