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Public Act 101-0578


 

Public Act 0578 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0578
 
HB2800 EnrolledLRB101 09285 JLS 54379 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The General Not For Profit Corporation Act of
1986 is amended by changing Sections 114.05 and 115.20 as
follows:
 
    (805 ILCS 105/114.05)  (from Ch. 32, par. 114.05)
    Sec. 114.05. Annual report of domestic or foreign
corporation. Each domestic corporation organized under this
Act, and each foreign corporation authorized to conduct affairs
in this State, shall file, within the time prescribed by this
Act, an annual report setting forth:
        (a) The name of the corporation.
        (b) The address, including street and number, or rural
    route number, of its registered office in this State, and
    the name of its registered agent at such address.
        (c) The address, including street and number, or rural
    route number if any, of its principal office.
        (d) The names and respective addresses, including
    street and number, or rural route number, of its directors
    and officers.
        (e) A brief statement of the character of the affairs
    which the corporation is actually conducting from among the
    purposes authorized in Section 103.05 of this Act.
        (f) Whether the corporation is a Condominium
    Association as established under the Condominium Property
    Act, a Cooperative Housing Corporation defined in Section
    216 of the Internal Revenue Code of 1954 or a Homeowner
    Association which administers a common-interest community
    as defined in subsection (c) of Section 9-102 of the Code
    of Civil Procedure.
        (g) Such additional information as may be necessary or
    appropriate in order to enable the Secretary of State to
    administer this Act and to verify the proper amount of fees
    payable by the corporation.
    Such annual report shall be made on forms prescribed and
furnished by the Secretary of State, and the information
therein required by subsections (a) to (d), both inclusive, of
this Section, shall be given as of the date of the execution of
the annual report. It shall be executed by the corporation by
any authorized officer and verified by him or her, or, if the
corporation is in the hands of a receiver or trustee, it shall
be executed on behalf of the corporation and verified by such
receiver or trustee.
(Source: P.A. 93-59, eff. 7-1-03; 94-605, eff. 1-1-06.)
 
    (805 ILCS 105/115.20)  (from Ch. 32, par. 115.20)
    Sec. 115.20. Expedited service fees.
    (a) The Secretary of State may charge and collect a fee for
expedited services as follows:
    Certificates of good standing or fact, $10;
    All filings, copies of documents, annual reports filed on
or after January 1, 1984, and copies of documents of dissolved
corporations having a file number over 5199, $25.
    The Secretary may not consider a request submitted by
electronic means a request for expedited services solely
because of its submission by electronic means, unless expedited
service is requested by the filer.
    (b) Expedited services shall not be available for a
statement of correction or any request for copies involving
annual reports filed before January 1, 1984 or involving
dissolved corporations with a file number below 5200.
    (c) All moneys collected under this Section shall be
deposited into the Department of Business Services Special
Operations Fund. No other fees or taxes collected under this
Act shall be deposited into that Fund.
    (d) As used in this Section, "expedited services" has the
meaning ascribed thereto in Section 15.95 of the Business
Corporation Act of 1983.
    (e) The Secretary may not provide expedited services for
the online electronic filing of annual reports or requests for
certificates of good standing.
(Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)
 
    Section 10. The Limited Liability Company Act is amended by
changing Sections 50-10 and 50-50 as follows:
 
    (805 ILCS 180/50-10)
    Sec. 50-10. Fees.
    (a) The Secretary of State shall charge and collect in
accordance with the provisions of this Act and rules
promulgated under its authority all of the following:
        (1) Fees for filing documents.
        (2) Miscellaneous charges.
        (3) Fees for the sale of lists of filings and for
    copies of any documents.
    (b) The Secretary of State shall charge and collect for all
of the following:
        (1) Filing articles of organization (domestic),
    application for admission (foreign), and restated articles
    of organization (domestic), $150. Notwithstanding the
    foregoing, the fee for filing articles of organization
    (domestic), application for admission (foreign), and
    restated articles of organization (domestic) in connection
    with a limited liability company with a series or the
    ability to establish a series pursuant to Section 37-40 of
    this Act is $400.
        (2) Filing amendments (domestic or foreign), $50.
        (3) Filing a statement of termination or application
    for withdrawal, $5.
        (4) Filing an application to reserve a name, $25.
        (5) Filing a notice of cancellation of a reserved name,
    $5.
        (6) Filing a notice of a transfer of a reserved name,
    $25.
        (7) Registration of a name, $50.
        (8) Renewal of registration of a name, $50.
        (9) Filing an application for use of an assumed name
    under Section 1-20 of this Act, $150 for each year or part
    thereof ending in 0 or 5, $120 for each year or part
    thereof ending in 1 or 6, $90 for each year or part thereof
    ending in 2 or 7, $60 for each year or part thereof ending
    in 3 or 8, $30 for each year or part thereof ending in 4 or
    9, and a renewal for each assumed name, $150.
        (9.5) Filing an application for change of an assumed
    name, $25.
        (10) Filing an application for cancellation of an
    assumed name, $5.
        (11) Filing an annual report of a limited liability
    company or foreign limited liability company, $75, if filed
    as required by this Act, plus a penalty if delinquent.
    Notwithstanding the foregoing, the fee for filing an annual
    report of a limited liability company or foreign limited
    liability company is $75 plus $50 for each series for which
    a certificate of designation has been filed pursuant to
    Section 37-40 of this Act and is in effect on the last day
    of the third month preceding the company's anniversary
    month, plus a penalty if delinquent.
        (12) Filing an application for reinstatement of a
    limited liability company or foreign limited liability
    company, $200.
        (13) Filing articles of merger, $100 plus $50 for each
    party to the merger in excess of the first 2 parties.
        (14) (Blank).
        (15) Filing a statement of change of address of
    registered office or change of registered agent, or both,
    or filing a statement of correction, $25.
        (16) Filing a petition for refund, $5.
        (17) Filing a certificate of designation of a limited
    liability company with a series pursuant to Section 37-40
    of this Act, $50.
        (18) (Blank). Filing articles of domestication, $100.
        (19) Filing, amending, or cancelling a statement of
    authority, $50.
        (20) Filing, amending, or cancelling a statement of
    denial, $10.
        (21) Filing any other document, $5.
    (c) The Secretary of State shall charge and collect all of
the following:
        (1) For furnishing a copy or certified copy of any
    document, instrument, or paper relating to a limited
    liability company or foreign limited liability company, or
    for a certificate, $25.
        (2) For the transfer of information by computer process
    media to any purchaser, fees established by rule.
(Source: P.A. 99-637, eff. 7-1-17; 100-561, eff. 7-1-18;
100-571, eff. 12-20-17; revised 9-13-18.)
 
    (805 ILCS 180/50-50)
    Sec. 50-50. Department of Business Services Special
Operations Fund.
    (a) A special fund in the State treasury is created and
shall be known as 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) 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
charges 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, but is not limited to,
requests for certified copies, photocopies, and computer
abstracts certificates of good standing made in person to the
Department's Springfield Office in person or by telephone, or
requests for certificates of good standing made in person or by
telephone to the Department's Chicago Office. A request
submitted by electronic means may not be considered a request
for expedited services solely because of its submission by
electronic means, unless expedited service is requested by the
filer.
    (e) Fees for expedited services shall be as follows:
        Restated articles of organization, $200;
        Merger, $200;
        Articles of organization, $100;
        Articles of amendment, $100;
        Reinstatement, $100;
        Application for admission to transact business, $100;
        Computer Certificate of good standing or abstract of
    computer record, $20;
        All other filings, copies of documents, annual
    reports, and copies of documents of dissolved or revoked
    limited liability companies, $50.
    (f) The Secretary may not provide expedited services for
the online electronic filing of annual reports or requests for
certificates of good standing.
(Source: P.A. 100-186, eff. 7-1-18; 100-561, eff. 7-1-18;
revised 9-13-18.)
 
    Section 15. The Uniform Partnership Act (1997) is amended
by changing Section 1209 as follows:
 
    (805 ILCS 206/1209)
    Sec. 1209. Expedited services; fees.
    (a) As used in this Section:
    "Department" means the Department of Business Services of
the Office of the Secretary of State.
    "Expedited services" means services rendered within the
same day or within 24 hours after 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 or Chicago office and includes requests for
certified copies, photocopies, and certificates of existence
or abstracts of computer record made to the Department's
Springfield office in person, by mail, or by fax or requests
for certificates of existence or abstracts of computer record
made in person to the Department's Chicago office.
    (b) The Secretary of State shall charge and collect the
following fees for expedited services:
        (1) Statement of Qualification or Foreign
    Qualification, $100.
        (2) Application for Reinstatement, $100.
        (3) Statement of Merger, $200.
        (4) Computer Certificate of existence or computer
    abstract, $20.
        (5) All other filings and copies of documents, $50.
    (c) All fees collected by and payable to the Secretary of
State under this Section shall be deposited into the Division
of Corporations Registered Limited Liability Partnership Fund
to the credit of an account within the Fund. Subject to
appropriation, moneys in the account shall be used by the
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 and shall also be used
for purposes including, but not limited to, expenditures for
personal services, retirement, Social Security, contractual
services, equipment, electronic data processing, and
telecommunications. No other fees or charges collected under
this Act shall be credited to the account established under
this subsection (c)
    (d) The Secretary may not provide expedited services for
the online electronic filing of annual reports or requests for
certificates of existence.
(Source: P.A. 100-486, eff. 1-1-18.)
 
    Section 99. Effective date. This Act takes effect July 1,
2019.

Effective Date: 8/26/2019