102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5484

 

Introduced 1/31/2022, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-204  from Ch. 110, par. 2-204
805 ILCS 5/5.25  from Ch. 32, par. 5.25

    Amends the Code of Civil Procedure and the Business Corporation Act of 1983. Provides that a private corporation may be served by electronic service as determined by rule.


LRB102 25399 SPS 34683 b

 

 

A BILL FOR

 

HB5484LRB102 25399 SPS 34683 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 2-204 as follows:
 
6    (735 ILCS 5/2-204)  (from Ch. 110, par. 2-204)
7    Sec. 2-204. Service on private corporations. A private
8corporation may be served (1) by leaving a copy of the process
9with its registered agent or any officer or agent of the
10corporation found anywhere in the State; (2) by electronic
11service as determined by rule; or (3) (2) in any other manner
12now or hereafter permitted by law. A private corporation may
13also be notified by publication and mail in like manner and
14with like effect as individuals.
15(Source: P.A. 83-707.)
 
16    Section 10. The Business Corporation Act of 1983 is
17amended by changing Section 5.25 as follows:
 
18    (805 ILCS 5/5.25)  (from Ch. 32, par. 5.25)
19    Sec. 5.25. Service of process on domestic or foreign
20corporation.
21    (a) Any process, notice, or demand required or permitted

 

 

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1by law to be served upon a domestic corporation or a foreign
2corporation having authority to transact business in this
3State may be served either upon the registered agent appointed
4by the corporation or upon the Secretary of State as provided
5in this Section.
6    (a-5) Any process, notice, or demand required or permitted
7by law to be served upon a domestic corporation or a foreign
8corporation having authority to transact business in this
9State as provided under this Section may, by rule, be served
10electronically.
11    (b) The Secretary of State shall be irrevocably appointed
12as an agent of a domestic corporation or of a foreign
13corporation having authority upon whom any process, notice or
14demand may be served:
15        (1) Whenever the corporation shall fail to appoint or
16    maintain a registered agent in this State, or
17        (2) Whenever the corporation's registered agent cannot
18    with reasonable diligence be found at the registered
19    office in this State, or
20        (3) When a domestic corporation has been dissolved,
21    the conditions of paragraph (1) or paragraph (2) exist,
22    and a civil action, suit or proceeding is instituted
23    against or affecting the corporation within the five years
24    after the issuance of a certificate of dissolution or the
25    filing of a judgment of dissolution, or
26        (4) When a domestic corporation has been dissolved,

 

 

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1    the conditions of paragraph (1) or paragraph (2) exist,
2    and a criminal proceeding has been instituted against or
3    affecting the corporation, or
4        (5) When the authority of a foreign corporation to
5    transact business in this State has been revoked or
6    withdrawn.
7    (c) Service under subsection (b) shall be made by:
8        (1) Service on the Secretary of State, or on any clerk
9    having charge of the corporation division of his or her
10    office, of a copy of the process, notice or demand,
11    together with any papers required by law to be delivered
12    in connection with service, and a fee as prescribed by
13    subsection (b) of Section 15.15 of this Act;
14        (2) Transmittal by the person instituting the action,
15    suit or proceeding of notice of the service on the
16    Secretary of State and a copy of the process, notice or
17    demand and accompanying papers to the corporation being
18    served, by registered or certified mail:
19            (i) At the last registered office of the
20        corporation as shown by the records on file in the
21        office of the Secretary of State; and
22            (ii) At such address the use of which the person
23        instituting the action, suit or proceeding knows or,
24        on the basis of reasonable inquiry, has reason to
25        believe, is most likely to result in actual notice;
26        and

 

 

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1        (3) Appendage, by the person instituting the action,
2    suit or proceeding, of an affidavit of compliance with
3    this Section, in substantially such form as the Secretary
4    of State may by rule or regulation prescribe, to the
5    process, notice or demand.
6    (d) Nothing herein contained shall limit or affect the
7right to serve any process, notice, or demand required or
8permitted by law to be served upon a corporation in any other
9manner now or hereafter permitted by law.
10    (e) The Secretary of State shall keep a record of all
11processes, notices, and demands served upon him or her under
12this Section, and shall record therein the time of such
13service and his or her action with reference thereto, but
14shall not be required to retain such information for a period
15longer than five years from his or her receipt of the service.
16(Source: P.A. 98-171, eff. 8-5-13.)