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 180/35-40)
Sec. 35-40. Reinstatement following administrative
dissolution. (a) A limited liability company administratively
dissolved under Section 35-25 may be reinstated by the
Secretary of State following the date of
issuance of the notice of dissolution upon:
(1) The filing of an application for
reinstatement.
(2) The filing with the Secretary of State by the |
| limited liability company of all reports then due and theretofore becoming due.
|
|
(3) The payment to the Secretary of State by the
|
| limited liability company of all fees and penalties then due and theretofore becoming due.
|
|
(b) The application for reinstatement shall be executed
and filed in duplicate in accordance with Section 5-45 of
this Act and shall set forth all of the following:
(1) The name of the limited liability company at the
|
| time of the issuance of the notice of dissolution.
|
|
(2) If the name is not available for use as
|
| determined by the Secretary of State at the time of filing the application for reinstatement, the name of the limited liability company as changed, provided that any change of name is properly effected under Section 1-10 and Section 5-25 of this Act.
|
|
(3) The date of issuance of the notice of
|
|
(4) The address, including street and number or rural
|
| route number of the registered office of the limited liability company upon reinstatement thereof and the name of its registered agent at that address upon the reinstatement of the limited liability company, provided that any change from either the registered office or the registered agent at the time of dissolution is properly reported under Section 1-35 of this Act.
|
|
(c) When a dissolved limited liability company has
complied with the provisions of the Section, the Secretary of
State shall file the application for
reinstatement.
(d) Upon the filing of the application for
reinstatement, the limited liability company existence shall
be deemed to have continued without interruption from the
date of the issuance of the notice of dissolution, and the
limited liability company shall stand revived with the
powers, duties, and obligations as if it had not been
dissolved; and all acts and proceedings of its members,
managers, officers, employees, and agents, acting or purporting to act in that capacity, and which
would have been legal and valid but for the dissolution,
shall stand ratified and confirmed.
(e) Without limiting the generality of subsection (d), upon the filing of the application for reinstatement, no member, manager, or officer shall be personally liable for the debts and liabilities of the limited liability company incurred during the period of administrative dissolution by reason of the fact that the limited liability company was administratively dissolved at the time the debts or liabilities were incurred.
(Source: P.A. 98-776, eff. 1-1-15; 99-78, eff. 7-20-15.)
|
