Full Text of SB3557 98th General Assembly
SB3557eng 98TH 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 Assumed Business Name Act is amended by | 5 | | changing Sections 1, 3, and 3a as follows:
| 6 | | (805 ILCS 405/1) (from Ch. 96, par. 4)
| 7 | | Sec. 1. Certificate; misrepresentation ; renewals . | 8 | | (a) No person or persons shall
conduct or transact
business | 9 | | in this
State under an assumed name, or under any designation, | 10 | | name or style,
corporate or otherwise, other than the real name | 11 | | or names of the individual
or individuals conducting or | 12 | | transacting such business, unless such person
or persons shall | 13 | | file in the office of and in the manner prescribed by the | 14 | | County Clerk of the County in
which such person or persons | 15 | | conduct or transact or intend to conduct or
transact such | 16 | | business, a certificate setting forth the name under which
the | 17 | | business is, or is to be, conducted or transacted, and the true | 18 | | or real
full name or names of the person or persons owning, | 19 | | conducting or
transacting the same, with the post office | 20 | | address or addresses of such
person or persons and every | 21 | | address where such business is, or is to be,
conducted or | 22 | | transacted in the county. The certificate shall be executed
and | 23 | | duly acknowledged by the person or persons so conducting or |
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| 1 | | intending
to conduct the business.
| 2 | | (b) Notice of the filing of such certificate shall be | 3 | | published in a
newspaper of general circulation published | 4 | | within the county in which the
certificate is filed. Such | 5 | | notice shall be published once a week for 3
consecutive weeks. | 6 | | The first publication shall be within 15 days after the
| 7 | | certificate is filed in the office of the County Clerk. Proof | 8 | | of
publication shall be filed with the County Clerk within 50 | 9 | | days from the
date of filing the certificate. Upon receiving | 10 | | proof of publication, the
clerk shall issue a receipt to the | 11 | | person filing such certificate but no
additional charge shall | 12 | | be assessed by the clerk for giving such receipt.
Unless proof | 13 | | of publication is made to the clerk, the certificate of
| 14 | | registration of the assumed name is void.
| 15 | | (c) If any person changes his name or his residence address | 16 | | or the address
of any place of business in the county where | 17 | | such assumed name is being
employed after filing a certificate, | 18 | | or if the name of a person is added to
any business | 19 | | organization for which a certificate is on file, such person
| 20 | | shall file an additional, duly acknowledged certificate in the | 21 | | office of
the County Clerk of the county in which such person | 22 | | transacts business
under an assumed name. The certificate shall | 23 | | set out the change or addition
as the case may be. Such | 24 | | certificate shall also set out the post office
address of the | 25 | | person. If any business organization for which such
certificate | 26 | | has been filed in any county of this State shall remove its
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| 1 | | place of business to another county in this State or shall | 2 | | establish an
additional location for doing business in another | 3 | | county of this State, a
certificate shall be filed in the | 4 | | office of the County Clerk of such other
county and notice of | 5 | | the filing of such certificate of a change or addition
of a | 6 | | name shall be published and proof of publication made pursuant | 7 | | to the
provisions of this section in the same manner as is | 8 | | provided for original
certificates to do business under an | 9 | | assumed name.
| 10 | | (d) A foreign person or foreign entity may not use an | 11 | | assumed or fictitious
name in the conduct
of its business to | 12 | | intentionally misrepresent the origin or location of the
person | 13 | | or entity. | 14 | | (e) A person conducting business under an assumed name in a | 15 | | county with more than 4,000,000 inhabitants shall renew the | 16 | | certificate filed under subsection (a) every 5 years after the | 17 | | initial filing. Certificates on record as of the effective date | 18 | | of this amendatory Act of the 98th General Assembly shall be | 19 | | renewed within 5 years after that effective date by a date | 20 | | established by the County Clerk of the county in which the | 21 | | certificate is filed. The County Clerk shall notify the person | 22 | | or persons of the renewal date at least 90 days before the | 23 | | renewal date. If the notice sent by the County Clerk is sent to | 24 | | an address set forth in the assumed name certificate, as | 25 | | amended, and the notice is returned as undeliverable at that | 26 | | address, the County Clerk may at his or her discretion cancel |
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| 1 | | that certificate. Failure to renew the certificate before the | 2 | | renewal date shall result in the cancellation of the person's | 3 | | assumed name in the index maintained under Section 3. The | 4 | | County Clerk shall collect a fee of $25 at the time of each | 5 | | renewal. By ordinance of its governing board, a county with | 6 | | fewer than 4,000,000 inhabitants may adopt this subsection, | 7 | | making its provisions applicable to that county as if its | 8 | | population exceeded 4,000,000 inhabitants.
| 9 | | (Source: P.A. 91-906, eff. 1-1-01.)
| 10 | | (805 ILCS 405/3) (from Ch. 96, par. 6)
| 11 | | Sec. 3.
The several County Clerks of this State shall keep | 12 | | an alphabetical
index of all persons filing certificates | 13 | | pursuant to Sections 1 and 2,
and for the indexing and filing | 14 | | of such certificate shall receive a fee established by the | 15 | | County Clerk in an amount not exceeding $50 of
$5.00 . A copy of | 16 | | such certificate and receipt for proof of publication,
duly | 17 | | certified to by the County Clerk in whose office the | 18 | | certificate is
filed, shall be presumptive evidence in all | 19 | | courts of law in this State of
the facts therein contained.
| 20 | | (Source: P.A. 85-186.)
| 21 | | (805 ILCS 405/3a) (from Ch. 96, par. 6a)
| 22 | | Sec. 3a.
Any person who has executed and filed the | 23 | | certificate required by
Section 1 or 2 of this Act and who | 24 | | wishes to withdraw his name from the
business organization |
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| 1 | | shall have the certificate cancelled in whole or in
part by | 2 | | filing in the office of the County Clerk where the certificate | 3 | | is
filed, a supplementary certificate under oath, showing that | 4 | | such person or
persons have ceased doing business under the | 5 | | assumed name, or that the
person or persons executing the | 6 | | supplementary certificate have no further
connection with or | 7 | | financial interest in the business carried on under such
| 8 | | assumed name; whereupon the County Clerk shall note opposite | 9 | | the trade name
theretofore registered, the word "cancelled" and | 10 | | the date of cancellation,
or, in the case of withdrawal only of | 11 | | one or more but less than all of the
registrants, the clerk | 12 | | shall note the word "Withdrawn" after the name of
each party | 13 | | filing the supplementary certificate indicating the | 14 | | withdrawal,
together with the date of such withdrawal. When | 15 | | such withdrawal effectuates
any change in or transfer of the | 16 | | ownership of 25% or more of the total
ownership interest in any | 17 | | such business organization doing business under
an assumed | 18 | | name, then notice of the filing of such certificate shall be
| 19 | | published.
| 20 | | A For filing a certificate noting the cancellation or | 21 | | withdrawal of one or
more names, the County Clerk shall collect | 22 | | receive a fee of $25 from any person who cancels a filed | 23 | | certificate, withdraws a name, or otherwise amends the | 24 | | certificate $1.50 .
| 25 | | Where a person files a certificate pursuant to Section 1 or | 26 | | 2 setting
out a change of his name, or that his name is an |
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| 1 | | addition to an
organization doing business under an assumed | 2 | | name which has previously been
registered, the County Clerk | 3 | | shall note on the index of such person's name
the word | 4 | | "changed" or "addition" as the case may be.
| 5 | | (Source: Laws 1963, p. 2997.)
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