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

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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-Engrossed.html



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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

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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

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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

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1changing Sections 50-10 and 50-50 as follows:
2 (805 ILCS 180/50-10)
3 Sec. 50-10. Fees.
4 (a) The Secretary of State shall charge and collect in
5accordance with the provisions of this Act and rules
6promulgated under its authority all of the following:
7 (1) Fees for filing documents.
8 (2) Miscellaneous charges.
9 (3) Fees for the sale of lists of filings and for
10 copies of any documents.
11 (b) The Secretary of State shall charge and collect for all
12of the following:
13 (1) Filing articles of organization (domestic),
14 application for admission (foreign), and restated articles
15 of organization (domestic), $150. Notwithstanding the
16 foregoing, the fee for filing articles of organization
17 (domestic), application for admission (foreign), and
18 restated articles of organization (domestic) in connection
19 with a limited liability company with a series or the
20 ability to establish a series pursuant to Section 37-40 of
21 this Act is $400.
22 (2) Filing amendments (domestic or foreign), $50.
23 (3) Filing a statement of termination or application
24 for withdrawal, $5.
25 (4) Filing an application to reserve a name, $25.

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1 (5) Filing a notice of cancellation of a reserved name,
2 $5.
3 (6) Filing a notice of a transfer of a reserved name,
4 $25.
5 (7) Registration of a name, $50.
6 (8) Renewal of registration of a name, $50.
7 (9) Filing an application for use of an assumed name
8 under Section 1-20 of this Act, $150 for each year or part
9 thereof ending in 0 or 5, $120 for each year or part
10 thereof ending in 1 or 6, $90 for each year or part thereof
11 ending in 2 or 7, $60 for each year or part thereof ending
12 in 3 or 8, $30 for each year or part thereof ending in 4 or
13 9, and a renewal for each assumed name, $150.
14 (9.5) Filing an application for change of an assumed
15 name, $25.
16 (10) Filing an application for cancellation of an
17 assumed name, $5.
18 (11) Filing an annual report of a limited liability
19 company or foreign limited liability company, $75, if filed
20 as required by this Act, plus a penalty if delinquent.
21 Notwithstanding the foregoing, the fee for filing an annual
22 report of a limited liability company or foreign limited
23 liability company is $75 plus $50 for each series for which
24 a certificate of designation has been filed pursuant to
25 Section 37-40 of this Act and is in effect on the last day
26 of the third month preceding the company's anniversary

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1 month, plus a penalty if delinquent.
2 (12) Filing an application for reinstatement of a
3 limited liability company or foreign limited liability
4 company, $200.
5 (13) Filing articles of merger, $100 plus $50 for each
6 party to the merger in excess of the first 2 parties.
7 (14) (Blank).
8 (15) Filing a statement of change of address of
9 registered office or change of registered agent, or both,
10 or filing a statement of correction, $25.
11 (16) Filing a petition for refund, $5.
12 (17) Filing a certificate of designation of a limited
13 liability company with a series pursuant to Section 37-40
14 of this Act, $50.
15 (18) (Blank). Filing articles of domestication, $100.
16 (19) Filing, amending, or cancelling a statement of
17 authority, $50.
18 (20) Filing, amending, or cancelling a statement of
19 denial, $10.
20 (21) Filing any other document, $5.
21 (c) The Secretary of State shall charge and collect all of
22the following:
23 (1) For furnishing a copy or certified copy of any
24 document, instrument, or paper relating to a limited
25 liability company or foreign limited liability company, or
26 for a certificate, $25.

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1 (2) For the transfer of information by computer process
2 media to any purchaser, fees established by rule.
3(Source: P.A. 99-637, eff. 7-1-17; 100-561, eff. 7-1-18;
4100-571, eff. 12-20-17; revised 9-13-18.)
5 (805 ILCS 180/50-50)
6 Sec. 50-50. Department of Business Services Special
7Operations Fund.
8 (a) A special fund in the State treasury is created and
9shall be known as the Department of Business Services Special
10Operations Fund. Moneys deposited into the Fund shall, subject
11to appropriation, be used by the Department of Business
12Services of the Office of the Secretary of State, hereinafter
13"Department", 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. Moneys deposited into
16the Fund shall be used for, but not limited to, expenditures
17for personal services, retirement, Social Security,
18contractual services, equipment, electronic data processing,
19and telecommunications.
20 (b) The balance in the Fund at the end of any fiscal year
21shall not exceed $600,000, and any amount in excess thereof
22shall be transferred to the General Revenue Fund.
23 (c) All fees payable to the Secretary of State under this
24Section shall be deposited into the Fund. No other fees or
25charges collected under this Act shall be deposited into the

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

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1 reports, and copies of documents of dissolved or revoked
2 limited liability companies, $50.
3 (f) The Secretary may not provide expedited services for
4the online electronic filing of annual reports or requests for
5certificates of good standing.
6(Source: P.A. 100-186, eff. 7-1-18; 100-561, eff. 7-1-18;
7revised 9-13-18.)
8 Section 15. The Uniform Partnership Act (1997) is amended
9by changing Section 1209 as follows:
10 (805 ILCS 206/1209)
11 Sec. 1209. Expedited services; fees.
12 (a) As used in this Section:
13 "Department" means the Department of Business Services of
14the Office of the Secretary of State.
15 "Expedited services" means services rendered within the
16same day or within 24 hours after the time the request therefor
17is submitted by the filer, law firm, service company, or
18messenger physically, in person, or at the Secretary of State's
19discretion, by electronic means to the Department's
20Springfield office or Chicago office and includes requests for
21certified copies, photocopies, and certificates of existence
22or abstracts of computer record made to the Department's
23Springfield office in person, by mail, or by fax or requests
24for certificates of existence or abstracts of computer record

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

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1certificates of existence.
2(Source: P.A. 100-486, eff. 1-1-18.)
3 Section 99. Effective date. This Act takes effect July 1,
42019.
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