97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4654

 

Introduced 2/1/2012, by Rep. John D. Cavaletto

 

SYNOPSIS AS INTRODUCED:
 
805 ILCS 405/1  from Ch. 96, par. 4

    Amends the Assumed Business Name Act. Provides that notice of filing an assumed business name certificate with a county clerk need only be published once, rather than for 3 consecutive weeks.


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A BILL FOR

 

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1    AN ACT concerning assumed business names.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Assumed Business Name Act is amended by
5changing Section 1 as follows:
 
6    (805 ILCS 405/1)  (from Ch. 96, par. 4)
7    Sec. 1. Certificate; misrepresentation. No person or
8persons shall conduct or transact business in this State under
9an assumed name, or under any designation, name or style,
10corporate or otherwise, other than the real name or names of
11the individual or individuals conducting or transacting such
12business, unless such person or persons shall file in the
13office of the County Clerk of the County in which such person
14or persons conduct or transact or intend to conduct or transact
15such business, a certificate setting forth the name under which
16the business is, or is to be, conducted or transacted, and the
17true or real full name or names of the person or persons
18owning, conducting or transacting the same, with the post
19office address or addresses of such person or persons and every
20address where such business is, or is to be, conducted or
21transacted in the county. The certificate shall be executed and
22duly acknowledged by the person or persons so conducting or
23intending to conduct the business.

 

 

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1    Notice of the filing of such certificate shall be published
2in a newspaper of general circulation published within the
3county in which the certificate is filed. Such notice shall be
4published once a week for 3 consecutive weeks. The first
5publication shall be within 15 days after the certificate is
6filed in the office of the County Clerk. Proof of publication
7shall be filed with the County Clerk within 50 days from the
8date of filing the certificate. Upon receiving proof of
9publication, the clerk shall issue a receipt to the person
10filing such certificate but no additional charge shall be
11assessed by the clerk for giving such receipt. Unless proof of
12publication is made to the clerk, the certificate of
13registration of the assumed name is void.
14    If any person changes his name or his residence address or
15the address of any place of business in the county where such
16assumed name is being employed after filing a certificate, or
17if the name of a person is added to any business organization
18for which a certificate is on file, such person shall file an
19additional, duly acknowledged certificate in the office of the
20County Clerk of the county in which such person transacts
21business under an assumed name. The certificate shall set out
22the change or addition as the case may be. Such certificate
23shall also set out the post office address of the person. If
24any business organization for which such certificate has been
25filed in any county of this State shall remove its place of
26business to another county in this State or shall establish an

 

 

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1additional location for doing business in another county of
2this State, a certificate shall be filed in the office of the
3County Clerk of such other county and notice of the filing of
4such certificate of a change or addition of a name shall be
5published and proof of publication made pursuant to the
6provisions of this section in the same manner as is provided
7for original certificates to do business under an assumed name.
8    A foreign person or foreign entity may not use an assumed
9or fictitious name in the conduct of its business to
10intentionally misrepresent the origin or location of the person
11or entity.
12(Source: P.A. 91-906, eff. 1-1-01.)