Section 552.10  Service of Process Upon the Secretary of State

The following procedure for substitute service of process upon the Secretary of State shall apply for the specific statute cited.  The specific department of the Office of the Secretary of State stated in this Section shall receive the service of process and retain the records of the service in accordance with the applicable statutes and rules.  Nothing in this Section or Section 552.20 shall affect in any way any substantive or procedural rights granted by the statutes referred to in this Section.  Any service of process sent to the incorrect department within the Office of the Secretary of State shall be sent by that department's staff to the correct department as designated by this Section and Section 552.20.  These Sections are intended only to allocate the responsibilities for the receipt and storage of service of process within the Office of the Secretary of State.

a)         In cases involving the sale of securities, service of process upon the Secretary of State under Section 10 of the Illinois Securities Law of 1953 [815 ILCS 5] shall be made in accordance with 14 Ill. Adm. Code 130.120 and delivered to the Securities Department, 300 West Jefferson, Suite 300A, Springfield, Illinois 62702, except that services of process by the Securities Department itself, pursuant to Section 10, 11 or 13 of the Illinois Securities Law of 1953, should be made upon the Index Department.

b)         In cases involving corporations under the Business Corporation Act of 1983 [805 ILCS 5] or the General Not For Profit Corporation Act of 1986 [805 ILCS 105]  or the Corporate Fiduciary Act [205 ILCS 620], service of process upon the Secretary of State shall be made in accordance with 14 Ill. Adm. Code 150, Subpart E and 14 Ill. Adm. Code 160.17 and delivered to the Business Services Department, Room 350, Howlett Building, Springfield, Illinois 62756.

c)         In cases involving a motor vehicle collision involving a non-resident, service of process upon the Secretary of State under Section 10-301 of the Illinois Vehicle Code [625 ILCS 5/10-301] shall be delivered to the Office of the General Counsel, Room 298, Howlett Building, Springfield, Illinois 62756.

d)         In cases in which service of process upon the Secretary of State is permitted under one of the following statutes, and in all other cases to which subsection (a), (b) or (c) of this Section do not apply, service shall be made upon the Index Department, 111 East Monroe Street, Springfield, Illinois 62756:

235 ILCS 5/8-14 (Liquor Control Act of 1934)

820 ILCS 405/2208 (Illinois Insurance Code)

215 ILCS 5/121-6 and 121-7 (Illinois Insurance Code)

735 ILCS 5/2-209 (Civil Practice Law (Products Liability − $5.00 filing fee))

735 ILCS 5/2-210 (Civil Practice Law (Aircraft and Ship Owners and Operators − $2.00 filing fee))

35 ILCS 5/1404 (Illinois Income Tax Act)

35 ILCS 105/12a (Use Tax Act)

35 ILCS 110/13 (Service Use Tax Act)

35 ILCS 115/13 (Service Occupation Tax Act)

35 ILCS 120/5i (Retailers' Occupation Tax Act)

765 ILCS 1036/15 and 30 (Trademark Registration and Protection Act)

e)         In cases involving the Secretary of State as a party, such as any administrative review actions contesting a rule or procedure of any Secretary of State department, any civil rights actions and personnel action, service of process shall be made upon the Office of the General Counsel, Room 298, Howlett Building, Springfield, Illinois 62756.

(Source:  Amended at 34 Ill. Reg. 3661, effective March 5, 2010)