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225 ILCS 454/5-45 (225 ILCS 454/5-45) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 5-45. Offices. (a) If a sponsoring broker maintains more than one office within the State,
the sponsoring
broker shall notify the Department in a manner prescribed by the Department for each office other than the
sponsoring broker's
principal place of business. The brokerage license shall be displayed
conspicuously in each
office. The name of each branch office shall be the same as that of the
sponsoring broker's
principal office or shall clearly delineate the office's relationship
with the principal office. (b) The sponsoring broker shall name a designated managing broker for each
office and the
sponsoring broker shall be responsible for supervising all designated managing brokers.
The sponsoring
broker shall notify the Department in a manner prescribed by the Department of the name of all designated managing brokers of the
sponsoring broker and the office or offices they manage.
Any changes in designated managing brokers shall be reported to the Department in a manner prescribed by the Department within 15
days of the
change. Failure to do so shall subject the sponsoring broker to discipline
under
Section 20-20 of this Act. (c) The sponsoring broker shall, within 24 hours, notify the Department in a manner prescribed by the Department of any
opening, closing, or
change in location of any office. (d) Except as provided in this Section, each sponsoring broker shall
maintain an office,
or place of business within this State for the transaction of real estate
business, shall conspicuously
display an identification sign on the outside of the physical office of adequate
size and visibility. Any record required by this Act to be created or maintained shall be, in the case of a physical record, securely stored and accessible for inspection by the Department at the sponsoring broker's principal office and, in the case of an electronic record, securely stored in the format in which it was originally generated, sent, or received and accessible for inspection by the Department by secure electronic access to the record. Any record relating to a transaction of a special account shall be maintained for a minimum of 5 years, and any electronic record shall be backed up at least monthly. The office or place of business shall not be located in any
retail or financial business
establishment unless it is clearly separated from the other business and is situated within a
distinct area within
the establishment. (e) A broker who is licensed in this State by examination or
pursuant to the
provisions of Section 5-60 of this Act shall not be required to maintain a
definite office or place of
business in this State provided all of the following conditions are met: (1) the broker maintains an active broker's license | | in the broker's state of domicile;
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| (2) the broker maintains an office in the broker's
| | (3) the broker has filed with the Department written
| | statements appointing the Secretary to act as the broker's agent upon whom all judicial and other process or legal notices directed to the licensee may be served and agreeing to abide by all of the provisions of this Act with respect to the broker's real estate activities within the State of Illinois and submitting to the jurisdiction of the Department.
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| The statements under subdivision (3) of this Section shall be in form and
substance the same as those
statements required
under Section 5-60 of this Act and shall operate to the same extent.
(f) The Department may adopt rules to regulate the operation of virtual offices that do not have a fixed location.
(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
(Text of Section after amendment by P.A. 103-1039)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-45. Offices.
(a) If a sponsoring broker maintains more than one office within the State, the sponsoring broker shall notify the Department in a manner prescribed by the Department for each office other than the sponsoring broker's principal place of business. The brokerage license shall be displayed conspicuously in each office. The name of each branch office shall be the same as that of the sponsoring broker's principal office or shall clearly delineate the office's relationship with the principal office.
(b) The sponsoring broker shall name a designated managing broker for each office and the sponsoring broker shall be responsible for supervising all designated managing brokers. The sponsoring broker shall notify the Department in a manner prescribed by the Department of the name of all designated managing brokers of the sponsoring broker and the office or offices they manage. Any changes in designated managing brokers shall be reported to the Department in a manner prescribed by the Department within 15 days of the change. Failure to do so shall subject the sponsoring broker to discipline under Section 20-20 of this Act.
(c) The sponsoring broker shall, within 24 hours, notify the Department in a manner prescribed by the Department of any opening, closing, or change in location of any office.
(d) Except as provided in this Section, each sponsoring broker shall maintain an office, or place of business within this State for the transaction of real estate business, shall conspicuously display an identification sign on the outside of the physical office of adequate size and visibility. Any record required by this Act to be created or maintained shall be, in the case of a physical record, securely stored and accessible for inspection by the Department at the sponsoring broker's principal office and, in the case of an electronic record, securely stored in the format in which it was originally generated, sent, or received and accessible for inspection by the Department by secure electronic access to the record. Any record relating to a transaction of a special account shall be maintained for a minimum of 5 years, and any electronic record shall be backed up at least monthly. The physical office or place of business shall not be located in any retail or financial business establishment unless it is clearly separated from the other business and is situated within a distinct area within the establishment.
(e) A nonresident broker who is licensed in this State by examination or pursuant to the provisions of Section 5-60 or 5-60.5 of this Act shall not be required to maintain a definite office or place of business in this State so long as the broker:
(1) maintains an active broker's license in the
| | broker's other state of licensure;
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| (2) maintains an office in the broker's other state
| | (3) files with the Department written statements
| | appointing the Secretary to act as the broker's agent upon whom all judicial and other process or legal notices directed to the licensee may be served and agreeing to abide by all of the provisions of this Act with respect to the broker's real estate activities within the State of Illinois and submitting to the jurisdiction of the Department.
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| The statements under subdivision (3) of this Section shall be in form and substance the same as those statements required under Section 5-60 of this Act and shall operate to the same extent.
(f) The Department may adopt rules to regulate the operation of virtual offices that do not have a fixed location. A broker who qualifies under subsection (e) of this Section may also operate a virtual office in the State subject to all requirements of this Act and the rules adopted under this Act.
(Source: P.A. 102-970, eff. 5-27-22; 103-1039, eff. 1-1-25.)
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