State of Illinois
91st General Assembly
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Public Act 91-0463

SB564 Enrolled                                 LRB9103878DJcd

    AN ACT concerning business organizations, amending  named
Acts.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The State Finance Act is amended by  changing
Section 5.313 as follows:

    (30 ILCS 105/5.313) (from Ch. 127, par. 141.313)
    Sec.  5.313.  Department of Business Services Division of
Corporations Special Operations Fund.
(Source: P.A. 87-512; 87-895.)

    Section  10.  The Business Corporation  Act  of  1983  is
amended by changing Section 15.95 as follows:

    (805 ILCS 5/15.95) (from Ch. 32, par. 15.95)
    Sec.  15.95.  Division of Corporations Special Operations
Fund.
    (a)  There is hereby created  in  the  State  Treasury  A
special  fund  in  the  State  treasury  to  be  known as the
Division of Corporations Special Operations Fund  is  renamed
the  Department of Business Services Special Operations Fund.
Moneys  deposited   into   the   Fund   shall,   subject   to
appropriation, be used by the Department of Business Services
Corporation Division of the Office of the Secretary of State,
hereinafter  "Department"  "Division", to create and maintain
the capability to perform expedited services in  response  to
special  requests  made by the public for same day or 24 hour
service.  Moneys deposited into the Fund shall be  used  for,
but  not  limited  to,  expenditures  for  personal services,
retirement, social security, contractual services, equipment,
electronic data processing, and telecommunications.
    (b)  The balance in the Fund at the  end  of  any  fiscal
year  shall  not  exceed  $400,000 $200,000 and any amount in
excess thereof shall be transferred to  the  General  Revenue
Fund.
    (c)  All  fees  payable  to  the Secretary of State under
this Section shall be deposited into the Fund.  No other fees
or taxes collected under this Act shall be deposited into the
Fund.
    (d)  "Expedited services" means services rendered  within
the  same  day, or within 24 hours from the time, the request
therefor  is  submitted  by  the  filer,  law  firm,  service
company,  or  messenger   physically   in   person   to   the
Department's   Division's  Springfield  Office  and  includes
requests for certified copies, photocopies, and  certificates
of  good standing or fact made to the Department's Division's
Springfield Office in person or by telephone, or requests for
certificates of good standing or fact made in  person  or  by
telephone to the Department's Division's Chicago Office.
    (e)  Fees for expedited services shall be as follows:
    Restatement of articles, $100;
    Merger, consolidation or exchange, $100;
    Articles of incorporation, $50;
    Articles of amendment, $50;
    Revocation of dissolution, $50;
    Reinstatement, $50;
    Certificate of authority, $50;
    Cumulative report of changes in issued issuance of shares
or paid-in capital, $50;
    Report following merger or consolidation, $50;
    Certificate of good standing or fact, $10;
    All  other  filings,  copies of documents, annual reports
for the  3  preceding  years,  and  copies  of  documents  of
dissolved  or  revoked corporations having a file number over
5199, $25.
    (f)  Expedited services shall  not  be  available  for  a
statement of correction, a petition for refund or adjustment,
or  a  request involving more than 3 year's annual reports or
involving dissolved corporations with  a  file  number  below
5200.
(Source: P.A. 87-512; 88-151; 88-597, eff. 8-28-94.)

    Section   15.  The General Not For Profit Corporation Act
of 1986 is amended by changing Section 115.20 as follows:

    (805 ILCS 105/115.20) (from Ch. 32, par. 115.20)
    Sec. 115.20.  Expedited service fees.
    (a)  The Secretary of State may charge and collect a  fee
for expedited services as follows:
    Certificates of good standing or fact, $10;
    All  filings,  copies of documents, annual reports for up
to 3 years, and copies of documents of dissolved corporations
having a file number over 5199, $25.
    (b)  Expedited services shall  not  be  available  for  a
statement of correction, a petition for refund or adjustment,
or any request for copies involving more than 3 year's annual
reports  or  involving  dissolved  corporations  with  a file
number below 5200.
    (c)  All moneys collected under  this  Section  shall  be
deposited  into  the Department of Business Services Division
of Corporations Special Operations Fund.  No  other  fees  or
taxes  collected  under this Act shall be deposited into that
Fund.
    (d)  As used in this Section,  "expedited  services"  has
the meaning ascribed thereto in Section 15.95 of the Business
Corporation Act of 1983.
(Source: P.A. 87-512; 88-597, eff. 8-28-94.)

    Section 20.  The Limited Liability Company Act is amended
by adding Section 50-50 as follows:

    (805 ILCS 180/50-50 new)
    Sec.  50-50.  Department  of  Business  Services  Special
Operations Fund.
    (a)  A  special fund in the State treasury is created and
shall be known as the Department of Business Services Special
Operations  Fund.  Moneys  deposited  into  the  Fund  shall,
subject to  appropriation,  be  used  by  the  Department  of
Business  Services  of  the Office of the Secretary of State,
hereinafter  "Department",  to  create   and   maintain   the
capability  to  perform  expedited  services  in  response to
special requests made by the public for same-day  or  24-hour
service.  Moneys  deposited  into the Fund shall be used for,
but not  limited  to,  expenditures  for  personal  services,
retirement, Social Security, contractual services, equipment,
electronic data processing, and telecommunications.
    (b) The balance in the Fund at the end of any fiscal year
shall  not  exceed $400,000, and any amount in excess thereof
shall be transferred to the General Revenue Fund.
    (c) All fees payable to the Secretary of State under this
Section shall be deposited into the Fund. No  other  fees  or
taxes  collected  under  this Act shall be deposited into the
Fund.
    (d) "Expedited services" means services  rendered  within
the  same  day, or within 24 hours from the time, the request
therefor  is  submitted  by  the  filer,  law  firm,  service
company,  or  messenger   physically   in   person   to   the
Department's  Springfield  Office  and  includes requests for
certified  copies,  photocopies,  and  certificates  of  good
standing made  to  the  Department's  Springfield  Office  in
person  or by telephone, or requests for certificates of good
standing made in person or by telephone to  the  Department's
Chicago Office.
    (e) Fees for expedited services shall be as follows:
    Restated articles of organization, $100;
    Merger or conversion, $100;
    Articles of organization, $50;
    Articles of amendment, $50;
    Reinstatement, $50;
    Application for admission to transact business, $50;
    Certificate  of  good  standing  or  abstract of computer
record, $10;
    All other filings, copies of documents,  annual  reports,
and  copies  of  documents  of  dissolved  or revoked limited
liability companies, $25.

    Section 25.  The Revised Uniform Limited Partnership  Act
is  amended  by changing Section 1108 and adding Section 1111
as follows:

    (805 ILCS 210/1108) (from Ch. 106 1/2, par. 161-8)
    Sec. 1108.  Renewal Reports.   (a)  Each  certificate  of
limited  partnership, certificate to be governed by this Act,
and application for  admission  to  transact  business  filed
under  this  Act  shall be renewed in the manner set forth in
this Section.  Each limited partnership  or  foreign  limited
partnership admitted to transact business in this State shall
file,  within  the  time  prescribed  by  this Act, a renewal
report setting forth:
    (1)  the name  of  the  limited  partnership  or  foreign
limited partnership;
    (2)  the   limited   partnership   or   foreign   limited
partnership's file number;
    (3)  the   limited   partnership   or   foreign   limited
partnership's federal employer identification number;
    (4)  if  a  foreign limited partnership, the jurisdiction
and date of  its  formation,  and  a  statement  that  it  is
validly  existing  as a limited partnership under the laws of
that jurisdiction as of the date of filing the report;
    (5)  the name and address of  the  registered  agent  and
registered  office  that  the  limited partnership or foreign
limited partnership has appointed or does appoint;
    (6)  the address of  the  office  at  which  the  records
required   by  Section  104,  regarding  a  domestic  limited
partnership, or Section  902,  regarding  a  foreign  limited
partnership, are kept; and
    (7)  a  statement that the limited partnership or foreign
limited partnership is still existing in this State.
    (b)  Such  renewal  report  shall  be   made   on   forms
prescribed  and  furnished by the Secretary of State, and the
information therein required shall be given as of the date of
its filing.  The report shall  be  executed  by  the  limited
partnership  or  foreign  limited  partnership  by  a general
partner.
    (c)  Such renewal  report,  together  with  all  fees  as
prescribed  by  this Act, shall be delivered to the Secretary
of State before the first day of the anniversary month of the
limited partnership or foreign limited  partnership  every  2
years  following  the  initial  filing  with the Secretary of
State. Proof to the satisfaction of the  Secretary  of  State
that,  before  the  first day of the anniversary month of the
limited partnership, the report, together with  all  fees  as
prescribed  by  this  Act, was deposited in the United States
mail in a sealed envelope, properly addressed,  with  postage
prepaid, shall be deemed a compliance with this requirement.
    (d)  Such  renewal  report,  together  with  all  fees as
prescribed by this Act shall be deemed to be received by  the
Secretary of State upon the date of actual receipt thereof by
the Secretary of State.  If the Secretary of State finds that
such  report  conforms to the requirements of this Act, he or
she shall file the same.  If he or she finds that it does not
so conform, he or she shall promptly return the same  to  the
limited  partnership  or  foreign limited partnership for any
necessary corrections, in which event the penalty  prescribed
for  failure  to file such report within the time hereinabove
provided shall not apply  if  such  report  is  corrected  to
conform  to  the requirements of this Act and returned to the
Secretary of State within 30 days of the date the report  was
returned for correction.
(Source: P.A. 85-403.)

    (805 ILCS 210/1111 new)
    Sec.   1111.  Department  of  Business  Services  Special
Operations Fund.
    (a) A special fund in the State Treasury is  created  and
shall be known as the Department of Business Services Special
Operations  Fund.  Moneys  deposited  into  the  Fund  shall,
subject  to  appropriation,  be  used  by  the  Department of
Business Services of the Office of the  Secretary  of  State,
hereinafter   "Department",   to   create  and  maintain  the
capability to  perform  expedited  services  in  response  to
special  requests  made by the public for same day or 24 hour
service. Moneys deposited into the Fund shall  be  used  for,
but  not  limited  to,  expenditures  for  personal services,
retirement, social security contractual services,  equipment,
electronic data processing, and telecommunications.
    (b) The balance in the Fund at the end of any fiscal year
shall  not  exceed  $400,000 and any amount in excess thereof
shall be transferred to the General Revenue Fund.
    (c) All fees payable to the Secretary of State under this
Section shall be deposited into the Fund. No  other  fees  or
taxes  collected  under  this Act shall be deposited into the
Fund.
    (d) "Expedited services" means services  rendered  within
the  same  day, or within 24 hours from the time, the request
therefor  is  submitted  by  the  filer,  law  firm,  service
company,  or  messenger   physically   in   person   to   the
Department's   Springfield   Office  or  Chicago  Office  and
includes requests  for  certified  copies,  photocopies,  and
certificates  of  existence  or  abstracts of computer record
made to the Department's Springfield Office in person  or  by
telephone,  or  requests  for  certificates  of  existence or
abstracts of computer record made in person or  by  telephone
to the Department's Chicago Office.
    (e) Fees for expedited services shall be as follows:
    Merger or conversion, $100;
    Certificate of limited partnership, $50;
    Certificate of amendment, $50;
    Reinstatement, $50;
    Application for admission to transact business, $50;
    Certificate of cancellation of admission, $50;
    Certificate  of existence or abstract of computer record,
$10.
    All other filings, copies of documents, biennial  renewal
reports,   and   copies  of  documents  of  canceled  limited
partnerships, $25.

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