Illinois General Assembly - Full Text of Public Act 099-0620
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Public Act 099-0620


 

Public Act 0620 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0620
 
SB2303 EnrolledLRB099 14534 KTG 38654 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Business Corporation Act of 1983 is amended
by changing Sections 15.95 and 15.97 as follows:
 
    (805 ILCS 5/15.95)  (from Ch. 32, par. 15.95)
    Sec. 15.95. Department of Business Services Special
Operations Fund.
    (a) A special fund in the State treasury known as the
Division of Corporations Special Operations Fund is renamed the
Department of Business Services Special Operations Fund.
Moneys deposited into the Fund shall, subject to appropriation,
be used by the Department of Business Services of the Office of
the Secretary of State, hereinafter "Department", to create and
maintain the capability to perform expedited services in
response to special requests made by the public for same day or
24 hour service. Moneys deposited into the Fund shall be used
for, but not limited to, expenditures for personal services,
retirement, social security, contractual services, equipment,
electronic data processing, and telecommunications.
    (b) On or before August 31 of each year, the balance in the
Fund in excess of $600,000 shall be transferred to the General
Revenue Fund. The balance in the Fund at the end of any fiscal
year shall not exceed $600,000 and any amount in excess thereof
shall be transferred to the General Revenue Fund.
    (c) All fees payable to the Secretary of State under this
Section shall be deposited into the Fund. No other fees or
taxes collected under this Act shall be deposited into the
Fund.
    (d) "Expedited services" means services rendered within
the same day, or within 24 hours from the time, the request
therefor is submitted by the filer, law firm, service company,
or messenger physically in person or, at the Secretary of
State's discretion, by electronic means, to the Department's
Springfield Office and includes requests for certified copies,
photocopies, and certificates of good standing or fact made to
the Department's Springfield Office in person or by telephone,
or requests for certificates of good standing or fact made in
person or by telephone to the Department's Chicago Office.
    (e) Fees for expedited services shall be as follows:
    Restatement of articles, $200;
    Merger, consolidation or exchange, $200;
    Articles of incorporation, $100;
    Articles of amendment, $100;
    Revocation of dissolution, $100;
    Reinstatement, $100;
    Application for authority, $100;
    Cumulative report of changes in issued shares or paid-in
capital, $100;
    Report following merger or consolidation, $100;
    Certificate of good standing or fact, $20;
    All other filings, copies of documents, annual reports
filed on or after January 1, 1984, and copies of documents of
dissolved or revoked corporations having a file number over
5199, $50.
    (f) Expedited services shall not be available for a
statement of correction, a petition for refund or adjustment,
or a request involving annual reports filed before January 1,
1984 or involving dissolved corporations with a file number
below 5200.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (805 ILCS 5/15.97)  (from Ch. 32, par. 15.97)
    Sec. 15.97. Corporate Franchise Tax Refund Fund.
    (a) Beginning July 1, 1993, a percentage of the amounts
collected under Sections 15.35, 15.45, 15.65, and 15.75 of this
Act shall be deposited into the Corporate Franchise Tax Refund
Fund, a special Fund hereby created in the State treasury. From
July 1, 1993, until December 31, 1994, there shall be deposited
into the Fund 3% of the amounts received under those Sections.
Beginning January 1, 1995, and for each fiscal year beginning
thereafter, 2% of the amounts collected under those Sections
during the preceding fiscal year shall be deposited into the
Fund.
    (b) Beginning July 1, 1993, moneys in the Fund shall be
expended exclusively for the purpose of paying refunds payable
because of overpayment of franchise taxes, penalties, or
interest under Sections 13.70, 15.35, 15.45, 15.65, 15.75, and
16.05 of this Act and making transfers authorized under this
Section. Refunds in accordance with the provisions of
subsections (f) and (g) of Section 1.15 and Section 1.17 of
this Act may be made from the Fund only to the extent that
amounts collected under Sections 15.35, 15.45, 15.65, and 15.75
of this Act have been deposited in the Fund and remain
available. On or before August 31 of each year, the balance in
the Fund in excess of $100,000 shall be transferred to the
General Revenue Fund. Within a reasonable time after the 30th
day of June of each year, the Secretary of State shall direct
and the Comptroller shall order transferred to the General
Revenue Fund all amounts in excess of $100,000 remaining in the
fund as of June 30.
    (c) This Act shall constitute an irrevocable and continuing
appropriation from the Corporate Franchise Tax Refund Fund for
the purpose of paying refunds upon the order of the Secretary
of State in accordance with the provisions of this Section.
(Source: P.A. 93-59, eff. 7-1-03.)
 
    Section 10. The Uniform Partnership Act (1997) is amended
by changing Section 108 as follows:
 
    (805 ILCS 206/108)
    Sec. 108. Fees.
    (a) The Secretary of State shall charge and collect in
accordance with the provisions of this Act and rules
promulgated under its authority:
        (1) fees for filing documents;
        (2) miscellaneous charges; and
        (3) fees for the sale of lists of filings and for
    copies of any documents.
    (b) The Secretary of State shall charge and collect:
        (1) for furnishing a copy or certified copy of any
    document, instrument, or paper relating to a registered
    limited liability partnership, $25;
        (2) for the transfer of information by computer process
    media to any purchaser, fees established by rule;
        (3) for filing a statement of partnership authority,
    $25;
        (4) for filing a statement of denial, $25;
        (5) for filing a statement of dissociation, $25;
        (6) for filing a statement of dissolution, $100;
        (7) for filing a statement of merger, $100;
        (8) for filing a statement of qualification for a
    limited liability partnership organized under the laws of
    this State, $100 for each partner, but in no event shall
    the fee be less than $200 or exceed $5,000;
        (9) for filing a statement of foreign qualification,
    $500;
        (10) for filing a renewal statement for a limited
    liability partnership organized under the laws of this
    State, $100 for each partner, but in no event shall the fee
    be less than $200 or exceed $5,000;
        (11) for filing a renewal statement for a foreign
    limited liability partnership, $300;
        (12) for filing an amendment or cancellation of a
    statement, $25;
        (13) for filing a statement of withdrawal, $100;
        (14) for the purposes of changing the registered agent
    name or registered office, or both, $25;
        (15) for filing an application for reinstatement,
    $200;
        (16) for filing any other document, $25.
    (c) All fees collected pursuant to this Act shall be
deposited into the Division of Corporations Limited Liability
Partnership Fund.
    (d) There is hereby continued in the State treasury a
special fund to be known as the Division of Corporations
Limited Liability Partnership Fund. Moneys deposited into the
Fund shall, subject to appropriation, be used by the Business
Services Division of the Office of the Secretary of State to
administer the responsibilities of the Secretary of State under
this Act. On or before August 31 of each year, the balance in
the Fund in excess of $200,000 shall be transferred to the
General Revenue Fund. The balance of the Fund at the end of any
fiscal year shall not exceed $200,000, and any amount in excess
thereof shall be transferred to the General Revenue Fund.
(Source: P.A. 97-839, eff. 7-20-12.)

Effective Date: 1/1/2017