Full Text of SB2303 99th General Assembly
SB2303enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Business Corporation Act of 1983 is amended | 5 | | by changing Sections 15.95 and 15.97 as follows:
| 6 | | (805 ILCS 5/15.95) (from Ch. 32, par. 15.95)
| 7 | | Sec. 15.95. Department of Business Services Special | 8 | | Operations Fund.
| 9 | | (a) A
special fund in the State treasury known as the | 10 | | Division of
Corporations Special Operations
Fund is renamed the | 11 | | Department of Business Services Special Operations
Fund. | 12 | | Moneys deposited into the Fund shall, subject to appropriation, | 13 | | be
used by the Department of Business Services of the
Office of | 14 | | the Secretary of State,
hereinafter "Department", to create and | 15 | | maintain the
capability
to perform
expedited services in | 16 | | response to special requests made by the public for
same day or | 17 | | 24 hour service. Moneys deposited into the Fund shall be used
| 18 | | for, but not limited to, expenditures for personal services, | 19 | | retirement,
social security, contractual services, equipment, | 20 | | electronic data
processing, and telecommunications.
| 21 | | (b) On or before August 31 of each year, the balance in the | 22 | | Fund in excess of $600,000 shall be transferred to the General | 23 | | Revenue Fund. The balance in the Fund at the end of any fiscal |
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| 1 | | year shall not
exceed $600,000 and any amount in excess thereof | 2 | | shall be
transferred to
the General Revenue Fund.
| 3 | | (c) All fees payable to the Secretary of State under this | 4 | | Section
shall be deposited into the Fund. No other fees or | 5 | | taxes collected under
this Act shall be deposited into the | 6 | | Fund.
| 7 | | (d) "Expedited services" means services rendered within | 8 | | the same day,
or within 24 hours from the time, the request | 9 | | therefor is submitted by the
filer, law firm, service company, | 10 | | or messenger physically in person or, at
the Secretary of | 11 | | State's discretion, by electronic means, to the
Department's | 12 | | Springfield Office and includes requests for
certified copies,
| 13 | | photocopies, and certificates of good standing or fact made to | 14 | | the
Department's Springfield Office in person or by telephone,
| 15 | | or requests for
certificates of good standing or fact made in | 16 | | person or by telephone to the
Department's Chicago Office.
| 17 | | (e) Fees for expedited services shall be as follows:
| 18 | | Restatement of articles, $200;
| 19 | | Merger, consolidation or exchange, $200;
| 20 | | Articles of incorporation, $100;
| 21 | | Articles of amendment, $100;
| 22 | | Revocation of dissolution, $100;
| 23 | | Reinstatement, $100;
| 24 | | Application for authority, $100;
| 25 | | Cumulative report of changes in issued shares or
paid-in | 26 | | capital, $100;
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| 1 | | Report following merger or consolidation, $100;
| 2 | | Certificate of good standing or fact, $20;
| 3 | | All other filings, copies of documents, annual reports
| 4 | | filed on or after January 1, 1984, and copies of documents of | 5 | | dissolved or
revoked
corporations having a
file number over | 6 | | 5199, $50.
| 7 | | (f) Expedited services shall not be available for a | 8 | | statement of
correction, a petition for refund or adjustment, | 9 | | or a request involving
annual reports filed before January 1, | 10 | | 1984 or involving dissolved corporations
with a
file number | 11 | | below 5200.
| 12 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 13 | | (805 ILCS 5/15.97) (from Ch. 32, par. 15.97)
| 14 | | Sec. 15.97. Corporate Franchise Tax Refund Fund.
| 15 | | (a) Beginning July 1, 1993, a percentage of the amounts | 16 | | collected
under Sections 15.35, 15.45, 15.65, and 15.75 of this | 17 | | Act shall be
deposited into the Corporate Franchise Tax Refund | 18 | | Fund, a special Fund
hereby created in the State treasury. From | 19 | | July 1, 1993, until December 31,
1994, there shall be deposited | 20 | | into the Fund 3% of the amounts received
under those Sections. | 21 | | Beginning January 1, 1995, and for each fiscal year
beginning | 22 | | thereafter, 2% of the amounts collected under those Sections
| 23 | | during the preceding fiscal year shall be deposited into the | 24 | | Fund.
| 25 | | (b) Beginning July 1, 1993, moneys in the Fund shall be |
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| 1 | | expended
exclusively for the purpose of paying refunds payable | 2 | | because of overpayment
of franchise taxes, penalties, or | 3 | | interest under Sections 13.70, 15.35,
15.45, 15.65, 15.75, and | 4 | | 16.05 of this
Act and making transfers authorized under this | 5 | | Section. Refunds in
accordance with the provisions of | 6 | | subsections (f) and (g) of Section 1.15
and Section 1.17 of | 7 | | this Act may be made from the Fund only to the extent that
| 8 | | amounts collected under Sections 15.35, 15.45, 15.65, and 15.75 | 9 | | of this Act
have been deposited in the Fund and remain | 10 | | available. On or before August 31 of each year, the balance in | 11 | | the Fund in excess of $100,000 shall be transferred to the | 12 | | General Revenue Fund. Within a reasonable
time after the 30th | 13 | | day of June of each year, the Secretary of State shall
direct | 14 | | and the Comptroller shall order transferred to the General | 15 | | Revenue Fund
all amounts in excess of $100,000 remaining in the | 16 | | fund as of June 30.
| 17 | | (c) This Act shall constitute an irrevocable and continuing
| 18 | | appropriation from the Corporate Franchise Tax Refund Fund for | 19 | | the purpose
of paying refunds upon the order of the Secretary | 20 | | of State in accordance
with the provisions of this Section.
| 21 | | (Source: P.A. 93-59, eff. 7-1-03.)
| 22 | | Section 10. The Uniform Partnership Act (1997) is amended | 23 | | by changing Section 108 as follows:
| 24 | | (805 ILCS 206/108)
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| 1 | | Sec. 108. Fees.
| 2 | | (a) The Secretary of State shall charge and collect in | 3 | | accordance with
the provisions of this
Act and rules | 4 | | promulgated under its authority:
| 5 | | (1) fees for filing documents;
| 6 | | (2) miscellaneous charges; and
| 7 | | (3) fees for the sale of lists of filings and for | 8 | | copies of any documents.
| 9 | | (b) The Secretary of State shall charge and collect:
| 10 | | (1) for furnishing a copy or certified copy of any | 11 | | document, instrument,
or paper relating
to a registered | 12 | | limited liability partnership, $25;
| 13 | | (2) for the transfer of information by computer process | 14 | | media to any
purchaser, fees
established by rule;
| 15 | | (3) for filing a statement of partnership authority, | 16 | | $25;
| 17 | | (4) for filing a statement of denial, $25;
| 18 | | (5) for filing a statement of dissociation, $25;
| 19 | | (6) for filing a statement of dissolution, $100;
| 20 | | (7) for filing a statement of merger, $100;
| 21 | | (8) for filing a statement of qualification for a | 22 | | limited liability
partnership organized under the
laws of | 23 | | this State, $100 for each partner, but in no event shall | 24 | | the fee be
less than $200 or
exceed $5,000;
| 25 | | (9) for filing a statement of foreign qualification, | 26 | | $500;
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| 1 | | (10) for filing a renewal statement for a limited | 2 | | liability partnership
organized under the laws of
this | 3 | | State, $100 for each partner, but in no event shall the fee | 4 | | be
less than $200 or
exceed $5,000;
| 5 | | (11) for filing a renewal statement for a foreign | 6 | | limited liability
partnership, $300;
| 7 | | (12) for filing an amendment or cancellation of a | 8 | | statement, $25;
| 9 | | (13) for filing a statement of withdrawal, $100;
| 10 | | (14) for the purposes of changing the registered agent | 11 | | name or registered
office, or both,
$25;
| 12 | | (15) for filing an application for reinstatement, | 13 | | $200; | 14 | | (16) for filing any other document, $25. | 15 | | (c) All fees collected pursuant to this Act shall be | 16 | | deposited into the
Division of
Corporations Limited Liability | 17 | | Partnership Fund.
| 18 | | (d) There is hereby continued in the State treasury a | 19 | | special fund to be
known as the Division
of Corporations | 20 | | Limited Liability Partnership Fund. Moneys deposited into the
| 21 | | Fund shall,
subject to appropriation, be used by the Business | 22 | | Services Division of the
Office of the
Secretary of State to | 23 | | administer the responsibilities of the Secretary of
State under | 24 | | this Act.
On or before August 31 of each year, the balance in | 25 | | the Fund in excess of $200,000 shall be transferred to the | 26 | | General Revenue Fund. The balance of the Fund at the end of any |
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| 1 | | fiscal year shall not exceed
$200,000, and any amount
in excess | 2 | | thereof shall be transferred to the General Revenue Fund.
| 3 | | (Source: P.A. 97-839, eff. 7-20-12.)
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