Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(805 ILCS 5/5.25) (from Ch. 32, par. 5.25)
Sec. 5.25. Service of process on domestic or foreign corporation.
(a) Any process, notice, or demand required or permitted by law to be served
upon a domestic corporation or a foreign corporation having authority to
transact business in this State may be served either upon
the registered agent appointed by the corporation or upon the Secretary
of State as provided in this Section.
(b) The Secretary of State shall be irrevocably appointed as an agent
of a domestic corporation or of a foreign corporation having authority upon
whom any process, notice or demand may be served:
(1) Whenever the corporation shall fail to appoint or |
| maintain a registered agent in this State, or
|
|
(2) Whenever the corporation's registered agent
|
| cannot with reasonable diligence be found at the registered office in this State, or
|
|
(3) When a domestic corporation has been dissolved,
|
| the conditions of paragraph (1) or paragraph (2) exist, and a civil action, suit or proceeding is instituted against or affecting the corporation within the five years after the issuance of a certificate of dissolution or the filing of a judgment of dissolution, or
|
|
(4) When a domestic corporation has been dissolved,
|
| the conditions of paragraph (1) or paragraph (2) exist, and a criminal proceeding has been instituted against or affecting the corporation, or
|
|
(5) When the authority of a foreign corporation to
|
| transact business in this State has been revoked or withdrawn.
|
|
(c) Service under subsection (b) shall be made by:
(1) Service on the Secretary of State, or on any
|
| clerk having charge of the corporation division of his or her office, of a copy of the process, notice or demand, together with any papers required by law to be delivered in connection with service, and a fee as prescribed by subsection (b) of Section 15.15 of this Act;
|
|
(2) Transmittal by the person instituting the action,
|
| suit or proceeding of notice of the service on the Secretary of State and a copy of the process, notice or demand and accompanying papers to the corporation being served, by registered or certified mail:
|
|
(i) At the last registered office of the
|
| corporation as shown by the records on file in the office of the Secretary of State; and
|
|
(ii) At such address the use of which the person
|
| instituting the action, suit or proceeding knows or, on the basis of reasonable inquiry, has reason to believe, is most likely to result in actual notice; and
|
|
(3) Appendage, by the person instituting the action,
|
| suit or proceeding, of an affidavit of compliance with this Section, in substantially such form as the Secretary of State may by rule or regulation prescribe, to the process, notice or demand.
|
|
(d) Nothing herein contained shall limit or affect the right to serve
any process, notice, or demand required or permitted by law to be served
upon a corporation in any other manner now or hereafter permitted by law.
(e) The Secretary of State shall keep a record of all processes, notices,
and demands served upon him or her under this Section, and shall record
therein the time of such service and his or her action with reference
thereto, but shall not be required to retain such information for a
period longer than five years from his or her receipt of the service.
(Source: P.A. 98-171, eff. 8-5-13.)
|
