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                                     LRB093 03117 WGH 14835 a

 1                    AMENDMENT TO SENATE BILL 709

 2        AMENDMENT NO.     .  Amend Senate Bill 709  by  replacing
 3    the title with the following:

 4        "AN ACT concerning business entities."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The Assumed Business Name Act is amended  by
 8    changing Sections 2, 3, and 3a as follows:

 9        (805 ILCS 405/2) (from Ch. 96, par. 5)
10        Sec.   2.  Validity;   expiration.  A  certificate  filed
11    pursuant to Section 1 is valid for a period of 5  years  from
12    the  date  of  its  filing  with the County Clerk. The County
13    Clerk of the county in which the certificate has  been  filed
14    shall  notify  the  filer  or  filers of a certificate of its
15    upcoming expiration no more than 120 days and no less than 60
16    days before the expiration date. The notice shall be given by
17    first class mail addressed to one of the places  of  business
18    set forth in the certificate. A person or persons transacting
19    business  after  a  certificate has expired is subject to the
20    provisions and penalties set forth in Sections 5 and 6 as  if
21    no  certificate had ever been filed by the person or persons.
 
                            -2-      LRB093 03117 WGH 14835 a
 1    The procedure for the filing of a new  certificate  shall  be
 2    identical  to that set forth in Section 1 for the filing of a
 3    certificate. Persons conducting such business or any business
 4    under an assumed name who  have  prior  to  August  16,  1963
 5    changed  their  names  or  whose  names  are  additions  to a
 6    business organization conducting business  under  an  assumed
 7    name,  for  which  a  certificate  has previously been filed,
 8    shall file another certificate  setting  out  the  change  in
 9    their  names  or that their names are additions to a business
10    already in operation and every address where such business is
11    conducted or transacted in the county within  30  days  after
12    August 16, 1963.
13    (Source: P.A. 76-893.)

14        (805 ILCS 405/3) (from Ch. 96, par. 6)
15        Sec.  3.  The  several  County Clerks of this State shall
16    keep an alphabetical index of all persons filing certificates
17    pursuant to Sections 1 and 2, and for the indexing and filing
18    of such certificate shall receive a fee of $25 $5.00. A  copy
19    of  such  certificate  and  receipt for proof of publication,
20    duly certified to by the County Clerk  in  whose  office  the
21    certificate  is  filed,  shall be presumptive evidence in all
22    courts of law in this State of the facts therein contained.
23    (Source: P.A. 85-186.)

24        (805 ILCS 405/3a) (from Ch. 96, par. 6a)
25        Sec. 3a. Any  person  who  has  executed  and  filed  the
26    certificate  required  by  Section 1 or 2 of this Act and who
27    wishes to withdraw his name from  the  business  organization
28    shall  have  the certificate cancelled in whole or in part by
29    filing  in  the  office  of  the  County  Clerk   where   the
30    certificate is filed, a supplementary certificate under oath,
31    showing  that  such  person  or  persons  have  ceased  doing
32    business  under  the  assumed  name,  or  that  the person or
 
                            -3-      LRB093 03117 WGH 14835 a
 1    persons  executing  the  supplementary  certificate  have  no
 2    further connection with or financial interest in the business
 3    carried on under such  assumed  name;  whereupon  the  County
 4    Clerk   shall   note  opposite  the  trade  name  theretofore
 5    registered,  the   word   "cancelled"   and   the   date   of
 6    cancellation,  or,  in  the case of withdrawal only of one or
 7    more but less than all of the registrants,  the  clerk  shall
 8    note the word "Withdrawn" after the name of each party filing
 9    the  supplementary  certificate  indicating  the  withdrawal,
10    together   with  the  date  of  such  withdrawal.  When  such
11    withdrawal effectuates any  change  in  or  transfer  of  the
12    ownership  of  25% or more of the total ownership interest in
13    any  such  business  organization  doing  business  under  an
14    assumed name, then notice of the filing of  such  certificate
15    shall be published.
16        For  filing  a  certificate  noting  the  cancellation or
17    withdrawal of one or  more  names,  the  County  Clerk  shall
18    receive a fee of $10 $1.50.
19        Where  a person files a certificate pursuant to Section 1
20    or 2 setting out a change of his name, or that his name is an
21    addition to an organization doing business under  an  assumed
22    name  which  has previously been registered, the County Clerk
23    shall note on the  index  of  such  person's  name  the  word
24    "changed" or "addition" as the case may be.
25    (Source: Laws 1963, p. 2997.)".