Bill Text: IL SB0328 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends the Code of Civil Procedure. Provides that acts submitting to the general jurisdiction of Illinois courts include (1) a corporation having its principal place of business in Illinois or (2) is a foreign business corporation that has consented to general jurisdiction in this State in accordance with the Business Corporation Act of 1983 but only if (i) the action alleges injury or illness resulting from exposure to a substance defined as toxic under the Uniform Hazardous Substances Act of Illinois whether the cause of action arises within or without the State, and (ii) as long as jurisdiction is proper as to one or more named co-defendants under the Code of Civil Procedure. Provides that a corporation consents to general jurisdiction upon registering to do business in Illinois after the effective date of the amendatory Act. Amends the Business Corporation Act of 1983 to make conforming changes. Provides that a corporation that obtains or continues to maintain the right to transact business in Illinois consents to the exercise of general jurisdiction under the Code of Civil Procedure. Provides that a corporation consents to general jurisdiction upon registering to do business in Illinois after the effective date of the amendatory Act. Provides that a corporation that has previously registered to business in Illinois consents to general jurisdiction upon the next date after the effective date of the amendatory Act on which the filing of its annual report is due regardless of whether or not it then files its annual report. Effective immediately.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Passed) 2025-08-15 - Public Act . . . . . . . . . 104-0352 [SB0328 Detail]

Download: Illinois-2025-SB0328-Enrolled.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 2-209 as follows:
(735 ILCS 5/2-209) (from Ch. 110, par. 2-209)
Sec. 2-209. Act submitting to jurisdiction - Process.
(a) Any person, whether or not a citizen or resident of
this State, who in person or through an agent does any of the
acts hereinafter enumerated, thereby submits such person, and,
if an individual, his or her personal representative, to the
jurisdiction of the courts of this State as to any cause of
action arising from the doing of any of such acts:
(1) The transaction of any business within this State;
(2) The commission of a tortious act within this
State;
(3) The ownership, use, or possession of any real
estate situated in this State;
(4) Contracting to insure any person, property or risk
located within this State at the time of contracting;
(5) With respect to actions of dissolution of
marriage, declaration of invalidity of marriage and legal
separation, the maintenance in this State of a matrimonial

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domicile at the time this cause of action arose or the
commission in this State of any act giving rise to the
cause of action;
(6) With respect to actions brought under the Illinois
Parentage Act of 1984, as now or hereafter amended, or
under the Illinois Parentage Act of 2015 on and after the
effective date of that Act, the performance of an act of
sexual intercourse within this State during the possible
period of conception;
(7) The making or performance of any contract or
promise substantially connected with this State;
(8) The performance of sexual intercourse within this
State which is claimed to have resulted in the conception
of a child who resides in this State;
(9) The failure to support a child, spouse or former
spouse who has continued to reside in this State since the
person either formerly resided with them in this State or
directed them to reside in this State;
(10) The acquisition of ownership, possession or
control of any asset or thing of value present within this
State when ownership, possession or control was acquired;
(11) The breach of any fiduciary duty within this
State;
(12) The performance of duties as a director or
officer of a corporation organized under the laws of this
State or having its principal place of business within

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this State;
(13) The ownership of an interest in any trust
administered within this State; or
(14) The exercise of powers granted under the
authority of this State as a fiduciary.
(b) A court may exercise general jurisdiction in any
action arising within or without this State against any person
who:
(1) Is a natural person present within this State when
served;
(2) Is a natural person domiciled or resident within
this State when the cause of action arose, the action was
commenced, or process was served;
(3) Is a corporation organized under the laws of this
State or having its principal place of business in this
State; or
(4) Is a natural person or corporation doing business
within this State; or
(5) Is a foreign business corporation that has
consented to general jurisdiction in this State in
accordance with subsection (b) of Section 13.20 or
subsection (c-5) of Section 13.70 of the Business
Corporation Act of 1983, but only if (i) the action
alleges injury or illness resulting from exposure to a
substance defined as toxic under the Uniform Hazardous
Substances Act of Illinois, whether the cause of action

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arises within or without this State, and (ii) jurisdiction
is proper as to one or more named co-defendants under
subsection (a) of this Section.
(b-5) Foreign defamation judgment. The courts of this
State shall have personal jurisdiction over any person who
obtains a judgment in a defamation proceeding outside the
United States against any person who is a resident of Illinois
or, if not a natural person, has its principal place of
business in Illinois, for the purposes of rendering
declaratory relief with respect to that resident's liability
for the judgment, or for the purpose of determining whether
said judgment should be deemed non-recognizable pursuant to
this Code, to the fullest extent permitted by the United
States Constitution, provided:
(1) the publication at issue was published in
Illinois, and
(2) that resident (i) has assets in Illinois which
might be used to satisfy the foreign defamation judgment,
or (ii) may have to take actions in Illinois to comply with
the foreign defamation judgment.
The provisions of this subsection (b-5) shall apply to
persons who obtained judgments in defamation proceedings
outside the United States prior to, on, or after the effective
date of this amendatory Act of the 95th General Assembly.
(c) A court may also exercise jurisdiction on any other
basis now or hereafter permitted by the Illinois Constitution

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and the Constitution of the United States.
(d) Service of process upon any person who is subject to
the jurisdiction of the courts of this State, as provided in
this Section, may be made by personally serving the summons
upon the defendant outside this State, as provided in this
Act, with the same force and effect as though summons had been
personally served within this State.
(e) Service of process upon any person who resides or
whose business address is outside the United States and who is
subject to the jurisdiction of the courts of this State, as
provided in this Section, in any action based upon product
liability may be made by serving a copy of the summons with a
copy of the complaint attached upon the Secretary of State.
The summons shall be accompanied by a $5 fee payable to the
Secretary of State. The plaintiff shall forthwith mail a copy
of the summons, upon which the date of service upon the
Secretary is clearly shown, together with a copy of the
complaint to the defendant at his or her last known place of
residence or business address. Plaintiff shall file with the
circuit clerk an affidavit of the plaintiff or his or her
attorney stating the last known place of residence or the last
known business address of the defendant and a certificate of
mailing a copy of the summons and complaint to the defendant at
such address as required by this subsection (e). The
certificate of mailing shall be prima facie evidence that the
plaintiff or his or her attorney mailed a copy of the summons

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and complaint to the defendant as required. Service of the
summons shall be deemed to have been made upon the defendant on
the date it is served upon the Secretary and shall have the
same force and effect as though summons had been personally
served upon the defendant within this State.
(f) Only causes of action arising from acts enumerated
herein may be asserted against a defendant in an action in
which jurisdiction over him or her is based upon subsection
(a).
(g) Nothing herein contained limits or affects the right
to serve any process in any other manner now or hereafter
provided by law.
(Source: P.A. 99-85, eff. 1-1-16.)
Section 10. The Business Corporation Act of 1983 is
amended by changing Sections 13.20 and 13.70 as follows:
(805 ILCS 5/13.20) (from Ch. 32, par. 13.20)
Sec. 13.20. Effect of authority.
(a) Upon the filing of the application for authority by
the Secretary of State, the corporation shall have the right
to transact business in this State for those purposes set
forth in its application, subject, however, to the right of
this State to revoke such right to transact business in this
State as provided in this Act.
(b) A corporation that obtains or continues to maintain

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the right to transact business in this State consents to the
exercise of general jurisdiction by the courts of this State
in accordance with paragraph (5) of subsection (b) of Section
2-209 of the Code of Civil Procedure.
A corporation consents to general jurisdiction in
accordance with paragraph (5) of subsection (b) of Section
2-209 of the Code of Civil Procedure upon registering to do
business in this State at any time following the effective
date of this amendatory Act of the 104th General Assembly.
A corporation that has previously registered to do
business in this State consents to general jurisdiction in
accordance with paragraph (5) of subsection (b) of Section
2-209 of the Code of Civil Procedure upon the next date after
the effective date of this amendatory Act of the 104th General
Assembly on which the filing of its annual report in
accordance of Section 14.05 is due, regardless of whether or
not it then files its annual report.
Consent to such general jurisdiction terminates upon, and
only upon, formal withdrawal from this State.
(Source: P.A. 92-33, eff. 7-1-01.)
(805 ILCS 5/13.70) (from Ch. 32, par. 13.70)
Sec. 13.70. Transacting business without authority.
(a) No foreign corporation transacting business in this
State without authority to do so is permitted to maintain a
civil action in any court of this State, until the corporation

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obtains that authority. Nor shall a civil action be maintained
in any court of this State by any successor or assignee of the
corporation on any right, claim or demand arising out of the
transaction of business by the corporation in this State,
until authority to transact business in this State is obtained
by the corporation or by a corporation that has acquired all or
substantially all of its assets.
(b) The failure of a foreign corporation to obtain
authority to transact business in this State does not impair
the validity of any contract or act of the corporation, and
does not prevent the corporation from defending any action in
any court of this State.
(c) A foreign corporation that transacts business in this
State without authority is liable to this State, for the years
or parts thereof during which it transacted business in this
State without authority, in an amount equal to all fees,
franchise taxes, penalties and other charges that would have
been imposed by this Act upon the corporation had it duly
applied for and received authority to transact business in
this State as required by this Act, but failed to pay the
franchise taxes that would have been computed thereon, and
thereafter filed all reports required by this Act; and, if a
corporation fails to file an application for authority within
60 days after it commences business in this State, in addition
thereto it is liable for a penalty of either 10% of the filing
fee, license fee and franchise taxes or $200 plus $5.00 for

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each month or fraction thereof in which it has continued to
transact business in this State without authority therefor,
whichever penalty is greater. The Attorney General shall bring
proceedings to recover all amounts due this State under this
Section.
(c-5) A foreign corporation that transacts business in
this State without authority is deemed to have consented to
general jurisdiction in accordance with subsection (b) of
Section 13.20 to the same extent as if it were registered to do
business in this State. Consent to such general jurisdiction
commences upon committing an act constituting the transaction
of business in this State without authority at any time after
the effective date of this amendatory Act of the 104th General
Assembly and remains effective for 180 days following the
committing of each and every such act.
(d) The Attorney General shall bring an action to restrain
a foreign corporation from transacting business in this State,
if the authority of the foreign corporation to transact
business has been revoked under subsection (m) of Section
13.50 of this Act.
(Source: P.A. 95-515, eff. 8-28-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.