Sen. Bill Cunningham

Filed: 5/3/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2713

2    AMENDMENT NO. ______. Amend House Bill 2713 by replacing
3everything after the enacting clause with the following:
 
4    "(805 ILCS 180/1-28 rep.)
5    Section 5. The Limited Liability Company Act is amended by
6repealing Section 1-28.
 
7    Section 10. The Uniform Partnership Act (1997) is amended
8by changing Section 108 and by adding Section 1209 as follows:
 
9    (805 ILCS 206/108)
10    Sec. 108. Fees.
11    (a) The Secretary of State shall charge and collect in
12accordance with the provisions of this Act and rules
13promulgated under its authority:
14        (1) fees for filing documents;
15        (2) miscellaneous charges; and

 

 

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1        (3) fees for the sale of lists of filings and for
2    copies of any documents.
3    (b) The Secretary of State shall charge and collect:
4        (1) for furnishing a copy or certified copy of any
5    document, instrument, or paper relating to a registered
6    limited liability partnership, $25;
7        (2) for the transfer of information by computer process
8    media to any purchaser, fees established by rule;
9        (3) for filing a statement of partnership authority,
10    $25;
11        (4) for filing a statement of denial, $25;
12        (5) for filing a statement of dissociation, $25;
13        (6) for filing a statement of dissolution, $100;
14        (7) for filing a statement of merger, $100;
15        (8) for filing a statement of qualification for a
16    limited liability partnership organized under the laws of
17    this State, $100 for each partner, but in no event shall
18    the fee be less than $200 or exceed $5,000;
19        (9) for filing a statement of foreign qualification,
20    $500;
21        (10) for filing a renewal statement for a limited
22    liability partnership organized under the laws of this
23    State, $100 for each partner, but in no event shall the fee
24    be less than $200 or exceed $5,000;
25        (11) for filing a renewal statement for a foreign
26    limited liability partnership, $300;

 

 

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1        (12) for filing an amendment or cancellation of a
2    statement, $25;
3        (13) for filing a statement of withdrawal, $100;
4        (14) for the purposes of changing the registered agent
5    name or registered office, or both, $25;
6        (15) for filing an application for reinstatement,
7    $200;
8        (16) for filing any other document, $25.
9    (c) All fees collected pursuant to this Act shall be
10deposited into the Division of Corporations Registered Limited
11Liability Partnership Fund.
12    (d) There is hereby continued in the State treasury a
13special fund to be known as the Division of Corporations
14Registered Limited Liability Partnership Fund. Moneys
15deposited into the Fund shall, subject to appropriation, be
16used by the Business Services Division of the Office of the
17Secretary of State to administer the responsibilities of the
18Secretary of State under this Act. On or before August 31 of
19each year, the balance in the Fund in excess of $600,000
20$200,000 shall be transferred to the General Revenue Fund.
21(Source: P.A. 99-620, eff. 1-1-17; 99-933, eff. 1-27-17;
22revised 2-2-17.)
 
23    (805 ILCS 206/1209 new)
24    Sec. 1209. Expedited services; fees.
25    (a) As used in this Section:

 

 

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1    "Department" means the Department of Business Services of
2the Office of the Secretary of State.
3    "Expedited services" means services rendered within the
4same day or within 24 hours after the time the request therefor
5is submitted by the filer, law firm, service company, or
6messenger physically, in person, or at the Secretary of State's
7discretion, by electronic means to the Department's
8Springfield office or Chicago office and includes requests for
9certified copies, photocopies, and certificates of existence
10or abstracts of computer record made to the Department's
11Springfield office in person, by mail, or by fax or requests
12for certificates of existence or abstracts of computer record
13made in person to the Department's Chicago office.
14    (b) The Secretary of State shall charge and collect the
15following fees for expedited services:
16        (1) Statement of Qualification or Foreign
17    Qualification, $100.
18        (2) Application for Reinstatement, $100.
19        (3) Statement of Merger, $200.
20        (4) Certificate of existence or computer abstract,
21    $20.
22        (5) All other filings and copies of documents, $50.
23    (c) All fees collected by and payable to the Secretary of
24State under this Section shall be deposited into the Division
25of Corporations Registered Limited Liability Partnership Fund
26to the credit of an account within the Fund. Subject to

 

 

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1appropriation, moneys in the account shall be used by the
2Department to create and maintain the capability to perform
3expedited services in response to special requests made by the
4public for same-day or 24-hour service and shall also be used
5for purposes including, but not limited to, expenditures for
6personal services, retirement, Social Security, contractual
7services, equipment, electronic data processing, and
8telecommunications. No other fees or charges collected under
9this Act shall be credited to the account established under
10this subsection (c)
 
11    Section 15. The Business Corporation Act of 1983 is amended
12by changing Sections 12.43 and 14.05 as follows:
 
13    (805 ILCS 5/12.43)
14    Sec. 12.43. Administrative dissolution; corporate name.
15The Secretary of State shall not allow another corporation or
16limited liability company to use the name of a domestic
17corporation that has been administratively dissolved until 3
18years have elapsed following the date of issuance of the
19certificate of dissolution. If the domestic corporation that
20has been administratively dissolved is reinstated within 3
21years after the date of issuance of the certificate of
22dissolution, the domestic corporation shall continue under its
23previous name without impacting its continuous legal status,
24unless the corporation petitions to change its name upon

 

 

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1reinstatement.
2(Source: P.A. 95-507, eff. 8-28-07.)
 
3    (805 ILCS 5/14.05)  (from Ch. 32, par. 14.05)
4    Sec. 14.05. Annual report of domestic or foreign
5corporation. Each domestic corporation organized under any
6general law or special act of this State authorizing the
7corporation to issue shares, other than homestead
8associations, building and loan associations, banks and
9insurance companies (which includes a syndicate or limited
10syndicate regulated under Article V 1/2 of the Illinois
11Insurance Code or member of a group of underwriters regulated
12under Article V of that Code), and each foreign corporation
13(except members of a group of underwriters regulated under
14Article V of the Illinois Insurance Code) authorized to
15transact business in this State, shall file, within the time
16prescribed by this Act, an annual report setting forth:
17        (a) The name of the corporation.
18        (b) The address, including street and number, or rural
19    route number, of its registered office in this State, and
20    the name of its registered agent at that address.
21        (c) The address, including street and number, or rural
22    route number, of its principal office.
23        (d) The names and respective addresses, including
24    street and number, or rural route number, of its directors
25    and officers.

 

 

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1        (e) A statement of the aggregate number of shares which
2    the corporation has authority to issue, itemized by classes
3    and series, if any, within a class.
4        (f) A statement of the aggregate number of issued
5    shares, itemized by classes, and series, if any, within a
6    class.
7        (g) A statement, expressed in dollars, of the amount of
8    paid-in capital of the corporation as defined in this Act.
9        (h) Either a statement that (1) all the property of the
10    corporation is located in this State and all of its
11    business is transacted at or from places of business in
12    this State, or the corporation elects to pay the annual
13    franchise tax on the basis of its entire paid-in capital,
14    or (2) a statement, expressed in dollars, of the value of
15    all the property owned by the corporation, wherever
16    located, and the value of the property located within this
17    State, and a statement, expressed in dollars, of the gross
18    amount of business transacted by the corporation and the
19    gross amount thereof transacted by the corporation at or
20    from places of business in this State as of the close of
21    its fiscal year on or immediately preceding the last day of
22    the third month prior to the anniversary month or in the
23    case of a corporation which has established an extended
24    filing month, as of the close of its fiscal year on or
25    immediately preceding the last day of the third month prior
26    to the extended filing month; however, in the case of a

 

 

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1    domestic corporation that has not completed its first
2    fiscal year, the statement with respect to property owned
3    shall be as of the last day of the third month preceding
4    the anniversary month and the statement with respect to
5    business transacted shall be furnished for the period
6    between the date of incorporation and the last day of the
7    third month preceding the anniversary month. In the case of
8    a foreign corporation that has not been authorized to
9    transact business in this State for a period of 12 months
10    and has not commenced transacting business prior to
11    obtaining authority, the statement with respect to
12    property owned shall be as of the last day of the third
13    month preceding the anniversary month and the statement
14    with respect to business transacted shall be furnished for
15    the period between the date of its authorization to
16    transact business in this State and the last day of the
17    third month preceding the anniversary month. If the data
18    referenced in item (2) of this subsection is not completed,
19    the franchise tax provided for in this Act shall be
20    computed on the basis of the entire paid-in capital.
21        (i) A statement, including the basis therefor, of
22    status as a "minority owned business" or as a "female owned
23    business" as those terms are defined in the Business
24    Enterprise for Minorities, Females, and Persons with
25    Disabilities Act.
26        (j) Additional information as may be necessary or

 

 

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1    appropriate in order to enable the Secretary of State to
2    administer this Act and to verify the proper amount of fees
3    and franchise taxes payable by the corporation.
4    The annual report shall be made on forms prescribed and
5furnished by the Secretary of State, and the information
6therein required by paragraphs (a) through (d), both inclusive,
7of this Section, shall be given as of the date of the execution
8of the annual report and the information therein required by
9paragraphs (e), (f) and (g) of this Section shall be given as
10of the last day of the third month preceding the anniversary
11month, except that the information required by paragraphs (e),
12(f) and (g) shall, in the case of a corporation which has
13established an extended filing month, be given in its final
14transition annual report and each subsequent annual report as
15of the close of its fiscal year on or immediately preceding the
16last day of the third month prior to its extended filing month.
17It shall be executed by the corporation by its president, a
18vice-president, secretary, assistant secretary, treasurer or
19other officer duly authorized by the board of directors of the
20corporation to execute those reports, and verified by him or
21her, or, if the corporation is in the hands of a receiver or
22trustee, it shall be executed on behalf of the corporation and
23verified by the receiver or trustee.
24(Source: P.A. 92-16, eff. 6-28-01; 92-33, eff. 7-1-01; 93-59,
257-1-03.)
 

 

 

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1    Section 99. Effective date. This Act takes effect January
21, 2018, except that Section 5 and this Section take effect
3upon becoming law.".