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91_SB0564eng SB564 Engrossed LRB9103878DJcd 1 AN ACT concerning business organizations, amending named 2 Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The State Finance Act is amended by changing 6 Section 5.313 as follows: 7 (30 ILCS 105/5.313) (from Ch. 127, par. 141.313) 8 Sec. 5.313. Department of Business ServicesDivision of9CorporationsSpecial Operations Fund. 10 (Source: P.A. 87-512; 87-895.) 11 Section 10. The Business Corporation Act of 1983 is 12 amended by changing Section 15.95 as follows: 13 (805 ILCS 5/15.95) (from Ch. 32, par. 15.95) 14 Sec. 15.95. Division of Corporations Special Operations 15 Fund. 16 (a)There is hereby created in the State TreasuryA 17 special fund in the State treasuryto beknown as the 18 Division of Corporations Special Operations Fund is renamed 19 the Department of Business Services Special Operations Fund. 20 Moneys deposited into the Fund shall, subject to 21 appropriation, be used by the Department of Business Services 22Corporation Divisionof the Office of the Secretary of 23 State, hereinafter "Department""Division", to create and 24 maintain the capability to perform expedited services in 25 response to special requests made by the public for same day 26 or 24 hour service. Moneys deposited into the Fund shall be 27 used for, but not limited to, expenditures for personal 28 services, retirement, social security, contractual services, 29 equipment, electronic data processing, and SB564 Engrossed -2- LRB9103878DJcd 1 telecommunications. 2 (b) The balance in the Fund at the end of any fiscal 3 year shall not exceed $400,000$200,000and any amount in 4 excess thereof shall be transferred to the General Revenue 5 Fund. 6 (c) All fees payable to the Secretary of State under 7 this Section shall be deposited into the Fund. No other fees 8 or taxes collected under this Act shall be deposited into the 9 Fund. 10 (d) "Expedited services" means services rendered within 11 the same day, or within 24 hours from the time, the request 12 therefor is submitted by the filer, law firm, service 13 company, or messenger physically in person to the 14 Department'sDivision'sSpringfield Office and includes 15 requests for certified copies, photocopies, and certificates 16 of good standing or fact made to the Department'sDivision's17 Springfield Office in person or by telephone, or requests for 18 certificates of good standing or fact made in person or by 19 telephone to the Department'sDivision'sChicago Office. 20 (e) Fees for expedited services shall be as follows: 21 Restatement of articles, $100; 22 Merger, consolidation or exchange, $100; 23 Articles of incorporation, $50; 24 Articles of amendment, $50; 25 Revocation of dissolution, $50; 26 Reinstatement, $50; 27 Certificate of authority, $50; 28 Cumulative report of changes in issuedissuance ofshares 29 or paid-in capital, $50; 30 Report following merger or consolidation, $50; 31 Certificate of good standing or fact, $10; 32 All other filings, copies of documents, annual reports 33 for the 3 preceding years, and copies of documents of 34 dissolved or revoked corporations having a file number over SB564 Engrossed -3- LRB9103878DJcd 1 5199, $25. 2 (f) Expedited services shall not be available for a 3 statement of correction, a petition for refund or adjustment, 4 or a request involving more than 3 year's annual reports or 5 involving dissolved corporations with a file number below 6 5200. 7 (Source: P.A. 87-512; 88-151; 88-597, eff. 8-28-94.) 8 Section 15. The General Not For Profit Corporation Act 9 of 1986 is amended by changing Section 115.20 as follows: 10 (805 ILCS 105/115.20) (from Ch. 32, par. 115.20) 11 Sec. 115.20. Expedited service fees. 12 (a) The Secretary of State may charge and collect a fee 13 for expedited services as follows: 14 Certificates of good standing or fact, $10; 15 All filings, copies of documents, annual reports for up 16 to 3 years, and copies of documents of dissolved corporations 17 having a file number over 5199, $25. 18 (b) Expedited services shall not be available for a 19 statement of correction, a petition for refund or adjustment, 20 or any request for copies involving more than 3 year's annual 21 reports or involving dissolved corporations with a file 22 number below 5200. 23 (c) All moneys collected under this Section shall be 24 deposited into the Department of Business ServicesDivision25of CorporationsSpecial Operations Fund. No other fees or 26 taxes collected under this Act shall be deposited into that 27 Fund. 28 (d) As used in this Section, "expedited services" has 29 the meaning ascribed thereto in Section 15.95 of the Business 30 Corporation Act of 1983. 31 (Source: P.A. 87-512; 88-597, eff. 8-28-94.) SB564 Engrossed -4- LRB9103878DJcd 1 Section 20. The Limited Liability Company Act is amended 2 by adding Section 50-50 as follows: 3 (805 ILCS 180/50-50 new) 4 Sec. 50-50. Department of Business Services Special 5 Operations Fund. 6 (a) A special fund in the State treasury is created and 7 shall be known as the Department of Business Services Special 8 Operations Fund. Moneys deposited into the Fund shall, 9 subject to appropriation, be used by the Department of 10 Business Services of the Office of the Secretary of State, 11 hereinafter "Department", to create and maintain the 12 capability to perform expedited services in response to 13 special requests made by the public for same-day or 24-hour 14 service. Moneys deposited into the Fund shall be used for, 15 but not limited to, expenditures for personal services, 16 retirement, Social Security, contractual services, equipment, 17 electronic data processing, and telecommunications. 18 (b) The balance in the Fund at the end of any fiscal year 19 shall not exceed $400,000, and any amount in excess thereof 20 shall be transferred to the General Revenue Fund. 21 (c) All fees payable to the Secretary of State under this 22 Section shall be deposited into the Fund. No other fees or 23 taxes collected under this Act shall be deposited into the 24 Fund. 25 (d) "Expedited services" means services rendered within 26 the same day, or within 24 hours from the time, the request 27 therefor is submitted by the filer, law firm, service 28 company, or messenger physically in person to the 29 Department's Springfield Office and includes requests for 30 certified copies, photocopies, and certificates of good 31 standing made to the Department's Springfield Office in 32 person or by telephone, or requests for certificates of good 33 standing made in person or by telephone to the Department's SB564 Engrossed -5- LRB9103878DJcd 1 Chicago Office. 2 (e) Fees for expedited services shall be as follows: 3 Restated articles of organization, $100; 4 Merger or conversion, $100; 5 Articles of organization, $50; 6 Articles of amendment, $50; 7 Reinstatement, $50; 8 Application for admission to transact business, $50; 9 Certificate of good standing or abstract of computer 10 record, $10; 11 All other filings, copies of documents, annual reports, 12 and copies of documents of dissolved or revoked limited 13 liability companies, $25. 14 Section 25. The Revised Uniform Limited Partnership Act 15 is amended by changing Section 1108 and adding Section 1111 16 as follows: 17 (805 ILCS 210/1108) (from Ch. 106 1/2, par. 161-8) 18 Sec. 1108. Renewal Reports. (a) Each certificate of 19 limited partnership, certificate to be governed by this Act, 20 and application for admission to transact business filed 21 under this Act shall be renewed in the manner set forth in 22 this Section. Each limited partnership or foreign limited 23 partnership admitted to transact business in this State shall 24 file, within the time prescribed by this Act, a renewal 25 report setting forth: 26 (1) the name of the limited partnership or foreign 27 limited partnership; 28 (2) the limited partnership or foreign limited 29 partnership's file number; 30 (3) the limited partnership or foreign limited 31 partnership's federal employer identification number; 32 (4) if a foreign limited partnership, the jurisdiction SB564 Engrossed -6- LRB9103878DJcd 1 and date of its formation, and a statement that it is 2 validly existing as a limited partnership under the laws of 3 that jurisdiction as of the date of filing the report; 4 (5) the name and address of the registered agent and 5 registered office that the limited partnership or foreign 6 limited partnership has appointed or does appoint; 7 (6) the address of the office at which the records 8 required by Section 104, regarding a domestic limited 9 partnership, or Section 902, regarding a foreign limited 10 partnership, are kept; and 11 (7) a statement that the limited partnership or foreign 12 limited partnership is still existing in this State. 13 (b) Such renewal report shall be made on forms 14 prescribed and furnished by the Secretary of State, and the 15 information therein required shall be given as of the date of 16 its filing. The report shall be executed by the limited 17 partnership or foreign limited partnership by a general 18 partner. 19 (c) Such renewal report, together with all fees as 20 prescribed by this Act, shall be delivered to the Secretary 21 of State before the first day of the anniversary month of the 22 limited partnership or foreign limited partnership every 2 23 years following the initial filing with the Secretary of 24 State. Proof to the satisfaction of the Secretary of State 25 that, before the first day of the anniversary month of the 26 limited partnership, the report, together with all fees as 27 prescribed by this Act, was deposited in the United States 28 mail in a sealed envelope, properly addressed, with postage 29 prepaid, shall be deemed a compliance with this requirement. 30 (d) Such renewal report, together with all fees as 31 prescribed by this Act shall be deemed to be received by the 32 Secretary of State upon the date of actual receipt thereof by 33 the Secretary of State. If the Secretary of State finds that 34 such report conforms to the requirements of this Act, he or SB564 Engrossed -7- LRB9103878DJcd 1 she shall file the same. If he or she finds that it does not 2 so conform, he or she shall promptly return the same to the 3 limited partnership or foreign limited partnership for any 4 necessary corrections, in which event the penalty prescribed 5 for failure to file such report within the time hereinabove 6 provided shall not apply if such report is corrected to 7 conform to the requirements of this Act and returned to the 8 Secretary of State within 30 days of the date the report was 9 returned for correction. 10 (Source: P.A. 85-403.) 11 (805 ILCS 210/1111 new) 12 Sec. 1111. Department of Business Services Special 13 Operations Fund. 14 (a) A special fund in the State Treasury is created and 15 shall be known as the Department of Business Services Special 16 Operations Fund. Moneys deposited into the Fund shall, 17 subject to appropriation, be used by the Department of 18 Business Services of the Office of the Secretary of State, 19 hereinafter "Department", to create and maintain the 20 capability to perform expedited services in response to 21 special requests made by the public for same day or 24 hour 22 service. Moneys deposited into the Fund shall be used for, 23 but not limited to, expenditures for personal services, 24 retirement, social security contractual services, equipment, 25 electronic data processing, and telecommunications. 26 (b) The balance in the Fund at the end of any fiscal year 27 shall not exceed $400,000 and any amount in excess thereof 28 shall be transferred to the General Revenue Fund. 29 (c) All fees payable to the Secretary of State under this 30 Section shall be deposited into the Fund. No other fees or 31 taxes collected under this Act shall be deposited into the 32 Fund. 33 (d) "Expedited services" means services rendered within SB564 Engrossed -8- LRB9103878DJcd 1 the same day, or within 24 hours from the time, the request 2 therefor is submitted by the filer, law firm, service 3 company, or messenger physically in person to the 4 Department's Springfield Office or Chicago Office and 5 includes requests for certified copies, photocopies, and 6 certificates of existence or abstracts of computer record 7 made to the Department's Springfield Office in person or by 8 telephone, or requests for certificates of existence or 9 abstracts of computer record made in person or by telephone 10 to the Department's Chicago Office. 11 (e) Fees for expedited services shall be as follows: 12 Merger or conversion, $100; 13 Certificate of limited partnership, $50; 14 Certificate of amendment, $50; 15 Reinstatement, $50; 16 Application for admission to transact business, $50; 17 Certificate of cancellation of admission, $50; 18 Certificate of existence or abstract of computer record, 19 $10. 20 All other filings, copies of documents, biennial renewal 21 reports, and copies of documents of canceled limited 22 partnerships, $25.