Bill Text: IL HB2800 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the General Not For Profit Corporation Act of 1986. Provides that a domestic or foreign corporation shall, in its annual report, supply the rural route number, if applicable, for the address of its principal office. Provides that the Secretary of State may not consider a request submitted by electronic means a request for expedited services solely because of its submission by electronic means, unless expedited service is requested by the filer. Provides that the Secretary may not provide expedited services for the online electronic filing of annual reports or requests for certificates of good standing or certificates of existence under the General Not For Profit Corporation Act of 1986, the Limited Liability Company Act, and the Uniform Partnership Act (1997). Effective July 1, 2019.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled) 2019-06-27 - Sent to the Governor [HB2800 Detail]

Download: Illinois-2019-HB2800-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2800

Introduced , by Rep. Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:
805 ILCS 105/114.05 from Ch. 32, par. 114.05
805 ILCS 105/115.20 from Ch. 32, par. 115.20
805 ILCS 180/50-50
805 ILCS 206/1209

Amends the General Not For Profit Corporation Act of 1986. Provides that a domestic or foreign corporation shall, in its annual report, supply the rural route number, if applicable, for the address of its principal office. Provides that the Secretary of State may not consider a request submitted by electronic means a request for expedited services solely because of its submission by electronic means, unless expedited service is requested by the filer. Provides that the Secretary may not provide expedited services for the online electronic filing of annual reports or requests for certificates of good standing or certificates of existence under the General Not For Profit Corporation Act of 1986, the Limited Liability Company Act, and the Uniform Partnership Act (1997). Effective July 1, 2019.
LRB101 09285 JLS 54379 b

A BILL FOR

HB2800LRB101 09285 JLS 54379 b
1 AN ACT concerning business.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The General Not For Profit Corporation Act of
51986 is amended by changing Sections 114.05 and 115.20 as
6follows:
7 (805 ILCS 105/114.05) (from Ch. 32, par. 114.05)
8 Sec. 114.05. Annual report of domestic or foreign
9corporation. Each domestic corporation organized under this
10Act, and each foreign corporation authorized to conduct affairs
11in this State, shall file, within the time prescribed by this
12Act, an annual report setting forth:
13 (a) The name of the corporation.
14 (b) The address, including street and number, or rural
15 route number, of its registered office in this State, and
16 the name of its registered agent at such address.
17 (c) The address, including street and number, or rural
18 route number if any, of its principal office.
19 (d) The names and respective addresses, including
20 street and number, or rural route number, of its directors
21 and officers.
22 (e) A brief statement of the character of the affairs
23 which the corporation is actually conducting from among the

HB2800- 2 -LRB101 09285 JLS 54379 b
1 purposes authorized in Section 103.05 of this Act.
2 (f) Whether the corporation is a Condominium
3 Association as established under the Condominium Property
4 Act, a Cooperative Housing Corporation defined in Section
5 216 of the Internal Revenue Code of 1954 or a Homeowner
6 Association which administers a common-interest community
7 as defined in subsection (c) of Section 9-102 of the Code
8 of Civil Procedure.
9 (g) Such additional information as may be necessary or
10 appropriate in order to enable the Secretary of State to
11 administer this Act and to verify the proper amount of fees
12 payable by the corporation.
13 Such annual report shall be made on forms prescribed and
14furnished by the Secretary of State, and the information
15therein required by subsections (a) to (d), both inclusive, of
16this Section, shall be given as of the date of the execution of
17the annual report. It shall be executed by the corporation by
18any authorized officer and verified by him or her, or, if the
19corporation is in the hands of a receiver or trustee, it shall
20be executed on behalf of the corporation and verified by such
21receiver or trustee.
22(Source: P.A. 93-59, eff. 7-1-03; 94-605, eff. 1-1-06.)
23 (805 ILCS 105/115.20) (from Ch. 32, par. 115.20)
24 Sec. 115.20. Expedited service fees.
25 (a) The Secretary of State may charge and collect a fee for

HB2800- 3 -LRB101 09285 JLS 54379 b
1expedited services as follows:
2 Certificates of good standing or fact, $10;
3 All filings, copies of documents, annual reports filed on
4or after January 1, 1984, and copies of documents of dissolved
5corporations having a file number over 5199, $25.
6 The Secretary may not consider a request submitted by
7electronic means a request for expedited services solely
8because of its submission by electronic means, unless expedited
9service is requested by the filer.
10 (b) Expedited services shall not be available for a
11statement of correction or any request for copies involving
12annual reports filed before January 1, 1984 or involving
13dissolved corporations with a file number below 5200.
14 (c) All moneys collected under this Section shall be
15deposited into the Department of Business Services Special
16Operations Fund. No other fees or taxes collected under this
17Act shall be deposited into that Fund.
18 (d) As used in this Section, "expedited services" has the
19meaning ascribed thereto in Section 15.95 of the Business
20Corporation Act of 1983.
21 (e) The Secretary may not provide expedited services for
22the online electronic filing of annual reports or requests for
23certificates of good standing.
24(Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)
25 Section 10. The Limited Liability Company Act is amended by

HB2800- 4 -LRB101 09285 JLS 54379 b
1changing Section 50-50 as follows:
2 (805 ILCS 180/50-50)
3 Sec. 50-50. Department of Business Services Special
4Operations Fund.
5 (a) A special fund in the State treasury is created and
6shall be known as the Department of Business Services Special
7Operations Fund. Moneys deposited into the Fund shall, subject
8to appropriation, be used by the Department of Business
9Services of the Office of the Secretary of State, hereinafter
10"Department", to create and maintain the capability to perform
11expedited services in response to special requests made by the
12public for same-day or 24-hour service. Moneys deposited into
13the Fund shall be used for, but not limited to, expenditures
14for personal services, retirement, Social Security,
15contractual services, equipment, electronic data processing,
16and telecommunications.
17 (b) The balance in the Fund at the end of any fiscal year
18shall not exceed $600,000, and any amount in excess thereof
19shall be transferred to the General Revenue Fund.
20 (c) All fees payable to the Secretary of State under this
21Section shall be deposited into the Fund. No other fees or
22charges collected under this Act shall be deposited into the
23Fund.
24 (d) "Expedited services" means services rendered within
25the same day, or within 24 hours from the time, the request

HB2800- 5 -LRB101 09285 JLS 54379 b
1therefor is submitted by the filer, law firm, service company,
2or messenger physically in person or, at the Secretary of
3State's discretion, by electronic means, to the Department's
4Springfield Office and includes, but is not limited to,
5requests for certified copies, photocopies, and computer
6abstracts certificates of good standing made in person to the
7Department's Springfield Office in person or by telephone, or
8requests for certificates of good standing made in person or by
9telephone to the Department's Chicago Office. A request
10submitted by electronic means may not be considered a request
11for expedited services solely because of its submission by
12electronic means, unless expedited service is requested by the
13filer.
14 (e) Fees for expedited services shall be as follows:
15 Restated articles of organization, $200;
16 Merger, $200;
17 Articles of organization, $100;
18 Articles of amendment, $100;
19 Reinstatement, $100;
20 Application for admission to transact business, $100;
21 Computer Certificate of good standing or abstract of
22 computer record, $20;
23 All other filings, copies of documents, annual
24 reports, and copies of documents of dissolved or revoked
25 limited liability companies, $50.
26 (f) The Secretary may not provide expedited services for

HB2800- 6 -LRB101 09285 JLS 54379 b
1the online electronic filing of annual reports or requests for
2certificates of good standing.
3(Source: P.A. 100-186, eff. 7-1-18; 100-561, eff. 7-1-18;
4revised 9-13-18.)
5 Section 15. The Uniform Partnership Act (1997) is amended
6by changing Section 1209 as follows:
7 (805 ILCS 206/1209)
8 Sec. 1209. Expedited services; fees.
9 (a) As used in this Section:
10 "Department" means the Department of Business Services of
11the Office of the Secretary of State.
12 "Expedited services" means services rendered within the
13same day or within 24 hours after the time the request therefor
14is submitted by the filer, law firm, service company, or
15messenger physically, in person, or at the Secretary of State's
16discretion, by electronic means to the Department's
17Springfield office or Chicago office and includes requests for
18certified copies, photocopies, and certificates of existence
19or abstracts of computer record made to the Department's
20Springfield office in person, by mail, or by fax or requests
21for certificates of existence or abstracts of computer record
22made in person to the Department's Chicago office.
23 (b) The Secretary of State shall charge and collect the
24following fees for expedited services:

HB2800- 7 -LRB101 09285 JLS 54379 b
1 (1) Statement of Qualification or Foreign
2 Qualification, $100.
3 (2) Application for Reinstatement, $100.
4 (3) Statement of Merger, $200.
5 (4) Computer Certificate of existence or computer
6 abstract, $20.
7 (5) All other filings and copies of documents, $50.
8 (c) All fees collected by and payable to the Secretary of
9State under this Section shall be deposited into the Division
10of Corporations Registered Limited Liability Partnership Fund
11to the credit of an account within the Fund. Subject to
12appropriation, moneys in the account shall be used by the
13Department to create and maintain the capability to perform
14expedited services in response to special requests made by the
15public for same-day or 24-hour service and shall also be used
16for purposes including, but not limited to, expenditures for
17personal services, retirement, Social Security, contractual
18services, equipment, electronic data processing, and
19telecommunications. No other fees or charges collected under
20this Act shall be credited to the account established under
21this subsection (c)
22 (d) The Secretary may not provide expedited services for
23the online electronic filing of annual reports or requests for
24certificates of existence.
25(Source: P.A. 100-486, eff. 1-1-18.)
26 Section 99. Effective date. This Act takes effect July 1,

HB2800- 8 -LRB101 09285 JLS 54379 b
12019.
feedback