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720 ILCS 5/Art. 38

(720 ILCS 5/Art. 38 heading) ARTICLE 38.

CRIMINALLY OPERATED BUSINESSES

720 ILCS 5/38-1

(720 ILCS 5/38-1) (from Ch. 38, par. 38-1)

Sec. 38-1.

Forfeiture of charter and revocation of certificate.

The State's Attorney is authorized to institute civil proceedings in the
Circuit Court to forfeit the charter of a corporation organized under the
laws of this State or to revoke the certificate authorizing a foreign
corporation to conduct business in this State. The Court may order the
charter forfeited or the certificate revoked upon finding (a) that a
director, officer, employee, agent or stockholder acting in behalf of the
corporation has, in conducting the corporation's affairs, purposely engaged
in a persistent course of intimidation, coercion, bribery or other such
illegal conduct with the intent to compel other persons, firms, or
corporations to deal with such corporation, and (b) that for the prevention
of future illegal conduct of the same character, the public interest
requires the charter of the corporation to be forfeited and the corporation
to be dissolved or the certificate to be revoked.

(Source: Laws 1965, p. 1222.)

720 ILCS 5/38-2

(720 ILCS 5/38-2) (from Ch. 38, par. 38-2)

Sec. 38-2.

Enjoining operation of a business.

The State's Attorney is authorized to institute civil proceedings in the
Circuit Court to enjoin the operation of any business other than a
corporation, including a partnership, joint venture or sole proprietorship.
The Court may grant the injunction upon finding that (a) any person in
control of any such business, who may be a partner in a partnership, a
participant in a joint venture, the owner of a sole proprietorship, an
employee or agent of any such business, or a person who, in fact, exercises
control over the operations of any such business, has, in conducting its
business affairs, purposely engaged in a persistent course of intimidation,
coercion, bribery or other such illegal conduct with the intent to compel
other persons, firms, or corporations to deal with such business, and (b)
that for the prevention of future illegal conduct of the same character,
the public interest requires the operation of the business to be enjoined.

(Source: Laws 1965, p. 1222.)

720 ILCS 5/38-3

(720 ILCS 5/38-3) (from Ch. 38, par. 38-3)

Sec. 38-3.

Institution and conduct of proceedings.)
(a) The proceedings authorized by Section 38-1 may be instituted
against a corporation in any county in which it is doing business and
the proceedings shall be conducted in accordance with the Civil Practice
Law and all existing and future amendments of that
Law and the Supreme Court Rules now or hereafter adopted in
relation to that Law. Such proceedings shall be deemed
additional to any other proceeding authorized by law for the purpose of
forfeiting the charter of a corporation or revoking the certificate of a
foreign corporation.

(b) The proceedings authorized by Section 38-2 may be instituted
against a business other than a corporation in any county in which it is
doing business and the proceedings shall be conducted in accordance with
the Civil Practice Law and all existing and future amendments
of that Law and the Supreme Court Rules now or hereafter adopted
in relation to that Law.

(c) Whenever proceedings are instituted against a corporation or
business pursuant to Section 38-1 or 38-2, the State's Attorney shall
give written notice of the institution of such proceedings to the
corporation or business against which the proceedings are brought.

(Source: P.A. 82-783.)