(805 ILCS 180/5-50)
Sec. 5-50. Amendment or termination by judicial act.
If a person required by Section 5-45 to execute an amendment
or statement of termination fails or refuses to do so, any
other member and any transferee of a limited liability company
interest, who is adversely affected by the failure or
refusal, may petition a court to direct the amendment or
statement of termination. If the court finds that the amendment or statement of termination
is proper and that any person so designated has
failed or refused to execute the amendment or statement of termination, it shall order the Secretary of State to record
an appropriate amendment or statement of termination.
(Source: P.A. 99-637, eff. 7-1-17 .)
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(805 ILCS 180/5-55)
Sec. 5-55. Filing in Office of Secretary of State.
(a) Whenever any provision of this Act requires a
limited liability company to file any document with the
Office of the Secretary of State, the requirement means that:
(1) the original document, executed as described in | ||
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(2) all fees and charges authorized by law to be | ||
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(3) unless the Secretary of State finds that the | ||
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(A) endorse on the original and on the copy the | ||
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(B) file in his or her office the original of the | ||
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(C) return the copy to the person who filed it or | ||
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(b) If another Section of this Act specifically
prescribes a manner of filing or signing a specified document
that differs from the corresponding provisions of this
Section, then the provisions of the other Section shall
govern.
(c) Whenever any provision of this Act requires a limited liability company
that is a bank or a savings bank to file any document, that requirement means
that the filing shall be made exclusively with the Department of Financial and Professional Regulation or, if the bank or savings bank is organized under federal law,
with the appropriate federal banking regulator at such times and in such
manner as required by the Department or federal regulator.
(Source: P.A. 99-227, eff. 8-3-15.)
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(805 ILCS 180/5-60)
Sec. 5-60.
Interrogatories to be propounded by
Secretary of State. The Secretary of State may propound to
any limited liability company or foreign limited liability
company subject to the provisions of this Act, and to any
manager or, if there are no managers, any member thereof,
such interrogatories as may be reasonably necessary and
proper to enable the Secretary of State to ascertain whether the
limited liability company has complied with all the
provisions of this Act applicable to the limited liability
company. The interrogatories shall be answered within
30 days after the mailing thereof, or within such
additional time as shall be fixed by the Secretary of State,
and the answers thereto shall be full and complete and shall
be made in writing and under oath. If the interrogatories
are directed to an individual, they shall be answered by him or
her, and if directed to a limited liability company, they
shall be answered by the managers thereof or, if there are no
managers, the members. The Secretary of State need not file
any document to which the interrogatories relate until the
interrogatories are answered as herein provided, and not then
if the answers thereto disclose that the document is not in
conformity with the provisions of this Act. The Secretary of
State shall certify to the Attorney General, for such action
as the Attorney General may deem appropriate, all
interrogatories and answers thereto that disclose a
violation of any of the provisions of this Act.
(Source: P.A. 87-1062.)
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(805 ILCS 180/5-65)
Sec. 5-65.
Information disclosed by interrogatories.
Interrogatories propounded by the Secretary of State and the
answers thereto shall not be open to public inspection, nor
shall the Secretary of State disclose any facts or
information obtained therefrom, except insofar as official
duty may require them to be made public or in the event
the interrogatories or the answers thereto are required for
evidence in any criminal proceeding or in any other action by
the State.
(Source: P.A. 87-1062.)
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(805 ILCS 180/5-70)
Sec. 5-70.
Notice of existence of limited liability
company. The fact that the articles of organization are on
file in the Office of the Secretary of State is notice that
the limited liability company is a limited liability company
and is notice of all other facts set forth therein.
(Source: P.A. 87-1062.)
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