State of Illinois
90th General Assembly
Legislation

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90_HB0503

      805 ILCS 5/1.23 new
      805 ILCS 5/1.25           from Ch. 32, par. 1.25
          Amends the Business Corporation Act  of  1983.   Requires
      the  Secretary of State to develop, implement, and maintain a
      Statewide  computerized  database  of  information  regarding
      foreign    and    domestic    corporations,    not-for-profit
      organizations,  assumed  name  businesses,  business  trusts,
      trademarks,  service  marks,  limited  partnership  listings,
      registered agents, corporate officers and directors, mergers,
      name changes,  authorized  shares,  Uniform  Commercial  Code
      filings,   tax   and  other  liens,  and  published  notices.
      Provides that the public may  have  access  to  the  database
      through  view-only  terminals  at offices of the Secretary of
      State.  Provides that the Secretary of State's yearly list of
      corporations filing an annual report and daily  list  of  all
      newly  formed  corporations  shall be available for review on
      the Statewide computerized database.
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 1        AN ACT to amend the Business Corporation Act of 1983.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.   The  Business  Corporation  Act  of 1983 is
 5    amended by changing Section 1.25 and adding Section  1.23  as
 6    follows:
 7        (805 ILCS 5/1.23 new)
 8        Sec. 1.23.  Statewide computerized database.
 9        (a)  The Secretary of State shall develop and implement a
10    Statewide  computerized  database  to  serve as both a filing
11    system for the Secretary of State  and  as  an  informational
12    interface  for the public.  The system must allow information
13    to be entered and retrieved  from  the  system  by  both  the
14    county offices and central office of the Secretary of State.
15        (b)  Both  the  county  offices and central office of the
16    Secretary of  State  shall  enter  into  a  central  database
17    maintained  by  the  Secretary  of State information filed in
18    their offices regarding foreign  and  domestic  corporations,
19    not-for-profit   organizations,   assumed   name  businesses,
20    business   trusts,   trademarks,   service   marks,   limited
21    partnership listings, registered agents,  corporate  officers
22    and  directors,  mergers,  name  changes,  authorized shares,
23    Uniform Commercial Code filings, tax  and  other  liens,  and
24    published notices.
25        (c)  The  Secretary of State may allow the public to have
26    electronic  view-only  access  to  the  computerized  records
27    maintained by the Secretary of State for  a  reasonable  fee,
28    except  that  visual  access to database display terminals at
29    the public counters in both the county  offices  and  central
30    office  of the Secretary of State shall be free of charge and
31    available during all public counter hours.
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 1        (d)  The Secretary of State  shall  promulgate  rules  to
 2    implement  the  Statewide  computerized  database,  including
 3    emergency rules if necessary.  The rules must accomplish each
 4    of the following:
 5             (1)  allow  filings to be made at all county offices
 6        of the Secretary of State as well as the  central  office
 7        of the Secretary of State;
 8             (2)  establish a Statewide computerized database for
 9        all   information  filed  with  the  Secretary  of  State
10        regarding    foreign    and    domestic     corporations,
11        not-for-profit  organizations,  assumed  name businesses,
12        business  trusts,  trademarks,  service  marks,   limited
13        partnership   listings,   registered   agents,  corporate
14        officers and directors, mergers, name changes, authorized
15        shares, Uniform Commercial Code filings,  tax  and  other
16        liens, and published notices;
17             (3)  provide  procedures  for entering data into the
18        database;
19             (4)  allow  both  the  county  offices  and  central
20        office of the Secretary of State to have access  to  add,
21        modify,   and  delete  information  in  the  database  as
22        provided for in  the  Illinois  Administrative  Procedure
23        Act;
24             (5)  allow  both  the  county  offices  and  central
25        office  of  the  Secretary of State to have access to the
26        Statewide computerized database  for  review  and  search
27        capabilities;
28             (6)  allow  both  the  county  offices  and  central
29        office  of  the  Secretary  of  State  to have electronic
30        view-only access to the computerized records on file with
31        the Secretary of State;
32             (7)  require the Secretary of State to maintain  the
33        database;
34             (8)  provide   security   and   protection   of  all
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 1        information in the database and monitor the  database  to
 2        ensure that unauthorized entry is not allowed;
 3             (9)  require standardized information for entry into
 4        the database; and
 5             (10)  establish a procedure for converting, possibly
 6        in   phases,   from  the  existing  filing  system  to  a
 7        computerized filing system.
 8        (805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
 9        Sec. 1.25.  List of corporations.  (a) The  Secretary  of
10    State  shall  publish each year a list of corporations filing
11    an annual report for the preceding year  in  accordance  with
12    the provisions of this Act, which report shall state the name
13    of  the corporation and the respective names and addresses of
14    the president, secretary, and registered  agent  thereof  and
15    the  address  of  the registered office in this State of each
16    such  corporation.  The  Secretary  of  State  shall  furnish
17    without charge a copy of such report to each recorder of this
18    State, and to each member of the General Assembly and to each
19    State agency or department requesting the same. The Secretary
20    of State shall, upon receipt of a written request and  a  fee
21    as determined by the Secretary, furnish such report to anyone
22    else.  The  Secretary  of  State  shall  also make the report
23    available for review on the Statewide  computerized  database
24    as provided in Section 1.23.
25        (b) (1)  The  Secretary  of  State  shall publish daily a
26    list of all newly formed corporations, business and  not  for
27    profit,  chartered by him on that day issued after receipt of
28    the application.  The  daily  list  shall  contain  the  same
29    information  as  to  each  corporation as is provided for the
30    corporation list  published  under  subsection  (a)  of  this
31    Section.  The  daily  list may be obtained at the Secretary's
32    office by any person, newspaper, State department or  agency,
33    or  local government for a reasonable charge to be determined
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 1    by  the  Secretary.  The  Secretary  shall  also  make   this
 2    information  available  daily  on  the Statewide computerized
 3    database as provided in Section 1.23.
 4        Inspection  of  the  daily  list  may  be  made  at   the
 5    Secretary's  office  during  normal  business  hours  without
 6    charge  by any person, newspaper, State department or agency,
 7    or local government through database display terminals.
 8        (2)  The Secretary shall compile the daily list mentioned
 9    in paragraph (1) of subsection (b) of this  Section  monthly,
10    or  more often at the Secretary's discretion. The compilation
11    shall be immediately mailed  free  of  charge  to  all  local
12    governments   requesting   in   writing   receipt   of   such
13    publication,   or   shall  be  automatically  mailed  by  the
14    Secretary without charge to local governments  as  determined
15    by  the  Secretary.   The  Secretary shall mail a copy of the
16    compilations free of  charge  to  all  State  departments  or
17    agencies   making   a  written  request.   A  request  for  a
18    compilation of the daily list once made by a local government
19    or State department or agency need not be renewed.   However,
20    the Secretary may request from time to time whether the local
21    governments  or  State  departments  or  agencies  desire  to
22    continue receiving the compilation.
23        (3)  The  compilations  of  the  daily  list mentioned in
24    paragraph (2) of subsection (b)  of  this  Section  shall  be
25    mailed  to  newspapers, or any other person not included as a
26    recipient in paragraph (2) of subsection (b) of this Section,
27    upon receipt of a written application signed by the applicant
28    and accompanied by the payment of a fee as determined by  the
29    Secretary.
30    (Source: P.A. 83-1362.)

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