HB2528eng 101ST GENERAL ASSEMBLY

HB2528 Engrossed LRB101 08855 TAE 53944 b

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Assumed Business Name Act is amended by adding Section 1a as follows:

(805 ILCS 405/1a new)

Sec. 1a. Home-based businesses. A person conducting or transacting business under an assumed name at his or her personal residence may list the county clerk, along with the address of the county clerk, of the county of his or her personal residence as the default agent for service of process to meet the publication requirements of this Act if all of the following conditions are met:

(1) The person reasonably believes that publishing his or her home address would put his or her safety at risk and lists the reasons for that belief on the form submitted to the county clerk, which shall be kept confidential.

(2) The form is accompanied by a court order, police report, or other indicia that there is a true need for the address to be kept confidential.

(3) The person provides the address of his or her residence to the county clerk, which shall be kept confidential.

The county clerk has a duty to notify the business when the county clerk has been served with process on behalf of the business. The county clerk may charge a nominal fee for performing this service. The county clerk shall provide a check box on its form for a confidential address request and room for the explanation for the request.