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91_HB0145
LRB9100086KSgc
1 AN ACT to amend the Business Corporation Act of 1983.
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
5 amended by changing Section 1.25 and adding Section 1.23 as
6 follows:
7 (805 ILCS 5/1.23 new)
8 Sec. 1.23. Statewide computerized database.
9 (a) The Secretary of State shall develop and implement a
10 Statewide computerized database to serve as both a filing
11 system for the Secretary of State and as an informational
12 interface for the public. The system must allow information
13 to be entered and retrieved from the system by both the
14 county offices and central office of the Secretary of State.
15 (b) Both the county offices and central office of the
16 Secretary of State shall enter into a central database
17 maintained by the Secretary of State information filed in
18 their offices regarding foreign and domestic corporations,
19 not-for-profit organizations, assumed name businesses,
20 business trusts, trademarks, service marks, limited
21 partnership listings, registered agents, corporate officers
22 and directors, mergers, name changes, authorized shares,
23 Uniform Commercial Code filings, tax and other liens, and
24 published notices.
25 (c) The Secretary of State may allow the public to have
26 electronic view-only access to the computerized records
27 maintained by the Secretary of State for a reasonable fee,
28 except that visual access to database display terminals at
29 the public counters in both the county offices and central
30 office of the Secretary of State shall be free of charge and
31 available during all public counter hours.
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1 (d) The Secretary of State shall promulgate rules to
2 implement the Statewide computerized database, including
3 emergency rules if necessary. The rules must accomplish each
4 of the following:
5 (1) allow filings to be made at all county offices
6 of the Secretary of State as well as the central office
7 of the Secretary of State;
8 (2) establish a Statewide computerized database for
9 all information filed with the Secretary of State
10 regarding foreign and domestic corporations,
11 not-for-profit organizations, assumed name businesses,
12 business trusts, trademarks, service marks, limited
13 partnership listings, registered agents, corporate
14 officers and directors, mergers, name changes, authorized
15 shares, Uniform Commercial Code filings, tax and other
16 liens, and published notices;
17 (3) provide procedures for entering data into the
18 database;
19 (4) allow both the county offices and central
20 office of the Secretary of State to have access to add,
21 modify, and delete information in the database as
22 provided for in the Illinois Administrative Procedure
23 Act;
24 (5) allow both the county offices and central
25 office of the Secretary of State to have access to the
26 Statewide computerized database for review and search
27 capabilities;
28 (6) allow both the county offices and central
29 office of the Secretary of State to have electronic
30 view-only access to the computerized records on file with
31 the Secretary of State;
32 (7) require the Secretary of State to maintain the
33 database;
34 (8) provide security and protection of all
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1 information in the database and monitor the database to
2 ensure that unauthorized entry is not allowed;
3 (9) require standardized information for entry into
4 the database; and
5 (10) establish a procedure for converting, possibly
6 in phases, from the existing filing system to a
7 computerized filing system.
8 (805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
9 Sec. 1.25. List of corporations; exchange of
10 information.
11 (a) The Secretary of State shall publish each year a
12 list of corporations filing an annual report for the
13 preceding year in accordance with the provisions of this Act,
14 which report shall state the name of the corporation and the
15 respective names and addresses of the president, secretary,
16 and registered agent thereof and the address of the
17 registered office in this State of each such corporation. The
18 Secretary of State shall furnish without charge a copy of
19 such report to each recorder of this State, and to each
20 member of the General Assembly and to each State agency or
21 department requesting the same. The Secretary of State shall,
22 upon receipt of a written request and a fee as determined by
23 the Secretary, furnish such report to anyone else. The
24 Secretary of State shall also make the report available for
25 review on the Statewide computerized database as provided in
26 Section 1.23.
27 (b) (1) The Secretary of State shall publish daily a
28 list of all newly formed corporations, business and not for
29 profit, chartered by him on that day issued after receipt of
30 the application. The daily list shall contain the same
31 information as to each corporation as is provided for the
32 corporation list published under subsection (a) of this
33 Section. The daily list may be obtained at the Secretary's
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1 office by any person, newspaper, State department or agency,
2 or local government for a reasonable charge to be determined
3 by the Secretary. The Secretary shall also make this
4 information available daily on the Statewide computerized
5 database as provided in Section 1.23.
6 Inspection of the daily list may be made at the
7 Secretary's office during normal business hours without
8 charge by any person, newspaper, State department or agency,
9 or local government through database display terminals.
10 (2) The Secretary shall compile the daily list mentioned
11 in paragraph (1) of subsection (b) of this Section monthly,
12 or more often at the Secretary's discretion. The compilation
13 shall be immediately mailed free of charge to all local
14 governments requesting in writing receipt of such
15 publication, or shall be automatically mailed by the
16 Secretary without charge to local governments as determined
17 by the Secretary. The Secretary shall mail a copy of the
18 compilations free of charge to all State departments or
19 agencies making a written request. A request for a
20 compilation of the daily list once made by a local government
21 or State department or agency need not be renewed. However,
22 the Secretary may request from time to time whether the local
23 governments or State departments or agencies desire to
24 continue receiving the compilation.
25 (3) The compilations of the daily list mentioned in
26 paragraph (2) of subsection (b) of this Section shall be
27 mailed to newspapers, or any other person not included as a
28 recipient in paragraph (2) of subsection (b) of this Section,
29 upon receipt of a written application signed by the applicant
30 and accompanied by the payment of a fee as determined by the
31 Secretary.
32 (c) If a domestic or foreign corporation has filed with
33 the Secretary of State an annual report for the preceding
34 year or has been newly formed or is otherwise and in any
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1 manner registered with the Secretary of State, the Secretary
2 of State shall exchange with the Illinois Department of
3 Public Aid any information concerning that corporation that
4 may be necessary for the enforcement of child support orders
5 entered pursuant to the Illinois Public Aid Code, the
6 Illinois Marriage and Dissolution of Marriage Act, the
7 Non-Support of Spouse and Children Act, the Revised Uniform
8 Reciprocal Enforcement of Support Act, the Uniform Interstate
9 Family Support Act, or the Illinois Parentage Act of 1984.
10 Notwithstanding any provisions in this Act to the
11 contrary, the Secretary of State shall not be liable to any
12 person for any disclosure of information to the Illinois
13 Department of Public Aid under this subsection or for any
14 other action taken in good faith to comply with the
15 requirements of this subsection.
16 (Source: P.A. 90-18, eff. 7-1-97.)