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Public Act 91-0906
HB2991 Enrolled LRB9108078SMmb
AN ACT concerning business names.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Business Corporation Act of 1983 is
amended by adding Section 3.25 and by changing Sections 4.15
and 16.05 as follows:
(805 ILCS 5/3.25 new)
Sec. 3.25. Locale misrepresentation.
(a) A person shall not advertise or cause to be listed
in a telephone directory an assumed or fictitious business
name that intentionally misrepresents where the business is
actually located or operating or falsely states that the
business is located or operating in the area covered by the
telephone directory. This subsection (a) does not apply to a
telephone service provider or to the publisher or distributor
of a telephone service directory, unless the conduct
prescribed in this subsection (a) is on behalf of that
telephone service provider or that publisher or distributor.
(b) This Section does not apply to any foreign
corporation, the stock of which is traded on a national stock
exchange, that has gross annual revenues in excess of
$100,000,000.
(c) A foreign corporation that violates this Section is
guilty of a petty offense and must be fined not less than
$501 and not more than $1,000. A foreign corporation is
guilty of an additional offense for each additional day in
violation of this Section.
(805 ILCS 5/4.15) (from Ch. 32, par. 4.15)
Sec. 4.15. Assumed corporate name.
(a) A domestic corporation or a foreign corporation
admitted to transact business or attempting to gain admission
to transact business may elect to adopt an assumed corporate
name that complies with the requirements of paragraphs (2),
(3), (4), (5) and (6) of subsection (a) of Section 4.05 of
this Act with respect to corporate names.
(b) As used in this Act, "assumed corporate name" means
any corporate name other than the true corporate name, except
that the following shall not constitute the use of an assumed
corporate name under this Act:
(1) the identification by a corporation of its
business with a trademark or service mark of which it is
the owner or licensed user; and
(2) the use of a name of a division, not separately
incorporated and not containing the word "corporation",
"incorporated", or "limited" or an abbreviation of one of
such words, provided the corporation also clearly
discloses its corporate name.
(c) Before transacting any business in this State under
an assumed corporate name or names, the corporation shall,
for each assumed corporate name, pursuant to resolution by
its board of directors, execute and file in duplicate in
accordance with Section 1.10 of this Act, an application
setting forth:
(1) The true corporate name.
(2) The state or country under the laws of which it
is organized.
(3) That it intends to transact business under an
assumed corporate name.
(4) The assumed corporate name which it proposes to
use.
(d) The right to use an assumed corporate name shall be
effective from the date of filing by the Secretary of State
until the first day of the anniversary month of the
corporation that falls within the next calendar year evenly
divisible by 5 five, however, if an application is filed
within the 2 months immediately preceding the anniversary
month of a corporation that falls within a calendar year
evenly divisible by 5 five, the right to use the assumed
corporate name shall be effective until the first day of the
anniversary month of the corporation that falls within the
next succeeding calendar year evenly divisible by 5 five.
(e) A corporation shall renew the right to use its
assumed corporate name or names, if any, within the 60 sixty
days preceding the expiration of such right, for a period of
5 five years, by making an election to do so at the time of
filing its annual report form and by paying the renewal fee
as prescribed by this Act.
(f) Once an application for an assumed corporate name
has been filed by the Secretary of State, one copy thereof
may be filed for record in the office of the recorder of the
county in which the registered office of the corporation is
situated in this State.
(g) A foreign corporation may not use an assumed or
fictitious name in the conduct of its business to
intentionally misrepresent the geographic origin or location
of the corporation within Illinois.
(Source: P.A. 84-924.)
(805 ILCS 5/16.05) (from Ch. 32, par. 16.05)
Sec. 16.05. Penalties and interest imposed upon
corporations.
(a) Each corporation, domestic or foreign, that fails or
refuses to file any annual report or report of cumulative
changes in paid-in capital and pay any franchise tax due
pursuant to the report prior to the first day of its
anniversary month or, in the case of a corporation which has
established an extended filing month, the extended filing
month of the corporation shall pay a penalty of 10% of the
amount of any delinquent franchise tax due for the report.
(b) Each corporation, domestic or foreign, that fails or
refuses to file a report of issuance of shares or increase in
paid-in capital within the time prescribed by this Act is
subject to a penalty on any obligation occurring prior to
January 1, 1991, and interest on those obligations on or
after January 1, 1991, for each calendar month or part of
month that it is delinquent in the amount of 1% of the amount
of license fees and franchise taxes provided by this Act to
be paid on account of the issuance of shares or increase in
paid-in capital.
(c) Each corporation, domestic or foreign, that fails or
refuses to file a report of cumulative changes in paid-in
capital or report following merger within the time prescribed
by this Act is subject to interest on or after January 1,
1992, for each calendar month or part of month that it is
delinquent, in the amount of 1% of the amount of franchise
taxes provided by this Act to be paid on account of the
issuance of shares or increase in paid-in capital disclosed
on the report of cumulative changes in paid-in capital or
report following merger, or $1, whichever is greater.
(d) If the annual franchise tax, or the supplemental
annual franchise tax for any 12-month period commencing July
1, 1968, or July 1 of any subsequent year through June 30,
1983, assessed in accordance with this Act, is not paid by
July 31, it is delinquent, and there is added a penalty prior
to January 1, 1991, and interest on and after January 1,
1991, of 1% for each month or part of month that it is
delinquent commencing with the month of August, or $1,
whichever is greater.
(e) If the supplemental annual franchise tax assessed in
accordance with the provisions of this Act for the 12-month
period commencing July 1, 1967, is not paid by September 30,
1967, it is delinquent, and there is added a penalty prior to
January 1, 1991, and interest on and after January 1, 1991,
of 1% for each month or part of month that it is delinquent
commencing with the month of October, 1967.
(f) If any annual franchise tax for any period beginning
on or after July 1, 1983, is not paid by the time period
herein prescribed, it is delinquent and there is added a
penalty prior to January 1, 1991, and interest on and after
January 1, 1991, of 1% for each month or part of a month that
it is delinquent commencing with the anniversary month or in
the case of a corporation that has established an extended
filing month, the extended filing month, or $1, whichever is
greater.
(g) Any corporation, domestic or foreign, failing to pay
the prescribed fee for assumed corporate name renewal when
due and payable shall be given notice of nonpayment by the
Secretary of State by regular mail; and if the fee together
with a penalty fee of $5 is not paid within 90 days after the
notice is mailed, the right to use the assumed name shall
cease.
(h) Any corporation which (i) puts forth any sign or
advertisement, assuming any name other than that by which it
is incorporated or otherwise authorized by law to act or (ii)
violates Section 3.25, shall be guilty of a Class C
misdemeanor and shall be deemed guilty of an additional
offense for each day it shall continue to so offend.
(i) Each corporation, domestic or foreign, that fails or
refuses (1) to file in the office of the recorder within the
time prescribed by this Act any document required by this Act
to be so filed, or (2) to answer truthfully and fully within
the time prescribed by this Act interrogatories propounded by
the Secretary of State in accordance with this Act, or (3) to
perform any other act required by this Act to be performed by
the corporation, is guilty of a Class C misdemeanor.
(j) Each corporation that fails or refuses to file
articles of revocation of dissolution within the time
prescribed by this Act is subject to a penalty for each
calendar month or part of the month that it is delinquent in
the amount of $50.
(Source: P.A. 91-464, eff. 1-1-00.)
Section 10. The General Not For Profit Corporation Act
of 1986 is amended by adding Section 103.25 and by changing
Sections 104.15 and 116.05 as follows:
(805 ILCS 105/103.25 new)
Sec. 103.25. Locale misrepresentation.
(a) A person shall not advertise or cause to be listed
in a telephone directory an assumed or fictitious business
name that intentionally misrepresents where the business is
actually located or operating or falsely states that the
business is located or operating in the area covered by the
telephone directory. This subsection (a) does not apply to a
telephone service provider or to the publisher or distributor
of a telephone service directory, unless the conduct
prescribed in this subsection (a) is on behalf of that
telephone service provider or that publisher or distributor.
(b) A foreign not-for-profit corporation that violates
this Section is guilty of a petty offense and must be fined
not less than $501 and not more than $1,000. A foreign
not-for-profit corporation is guilty of an additional offense
for each additional day in violation of this Section.
(805 ILCS 105/104.15) (from Ch. 32, par. 104.15)
Sec. 104.15. Assumed corporate name.
(a) A domestic corporation or a foreign corporation
admitted to conduct affairs or attempting to gain admission
to conduct affairs may elect to adopt an assumed corporate
name that complies with the requirements of subsection (a) of
Section 104.05 of this Act with respect to corporate names.
(b) As used in this Act, "assumed corporate name" means
any corporate name other than the true corporate name, except
that the following shall not constitute the use of an assumed
corporate name under this Act:
(1) The identification by a corporation of the
conduct of its affairs with a trademark or service mark
of which it is the owner or licensed user; or
(2) The use of the name of a division, not
separately incorporated and not containing the word
"corporation," "incorporated," or "limited" or an
abbreviation of one of such words, provided the
corporation also clearly discloses its corporate name.
(c) Before conducting any affairs in this State under an
assumed corporate name or names, the corporation shall, for
each assumed corporate name, pursuant to resolution by its
board of directors, execute and file in accordance with
Section 101.10 of this Act, an application setting forth:
(1) The true corporate name;
(2) The State or country under the laws of which it
is organized;
(3) That it intends to conduct affairs under an
assumed corporate name;
(4) The assumed corporate name which it proposes to
use.
(d) The right to use an assumed corporate name shall be
effective from the date of filing by the Secretary of State
until the first day of the anniversary month of the
corporation that falls within the next calendar year evenly
divisible by 5 five, except that if an application is filed
within the 2 two months immediately preceding the anniversary
month of a corporation that falls within a calendar year
evenly divisible by 5 five, the right to use the assumed
corporate name shall be effective until the first day of the
anniversary month of the corporation that falls within the
next succeeding calendar year evenly divisible by 5 five.
(e) A corporation shall renew the right to use its
assumed corporate name or names, if any, within the 60 sixty
days preceding the expiration of such right, for a period of
5 five years, by making an election to do so at the time of
filing its annual report form and by paying the renewal fee
as prescribed by this Act.
(f) Once an application for an assumed corporate name
has been filed by the Secretary of State, one copy thereof
may be filed for record in the office of the Recorder of the
county in which the registered office of the corporation is
situated in this State.
(g) A foreign corporation may not use an assumed or
fictitious name in the conduct of its business to
intentionally misrepresent the geographic origin or location
of the corporation within Illinois.
(Source: P.A. 84-1423.)
(805 ILCS 105/116.05) (from Ch. 32, par. 116.05)
Sec. 116.05. Penalties imposed upon corporations. (a)
Each corporation, domestic or foreign, that fails or refuses
to file its annual report prior to the first day of its
anniversary month shall pay a penalty of $3.
(b) Any corporation, domestic or foreign, failing to pay
the prescribed fee for assumed corporate name renewal when
due and payable shall be given notice of such nonpayment by
the Secretary of State by regular mail; and if such fee
together with a penalty fee of $5 is not paid within 90 days
after such notice is mailed, the right to use such assumed
name shall cease.
(c) Any corporation which (i) puts forth any sign or
advertisement, assuming any name other than that by which it
is incorporated or otherwise authorized by law to act or (ii)
violates Section 103.25, shall be guilty of a Class C
misdemeanor and shall be deemed guilty of an additional
offense for each day it shall continue to so offend.
(d) Each corporation, domestic or foreign, that fails or
refuses (1) to answer truthfully and fully within the time
prescribed by this Act interrogatories propounded by the
Secretary of State in accordance with this Act, or (2) to
perform any other act required by this Act to be performed by
the corporation, is guilty of a Class C misdemeanor.
(e) Each corporation that fails or refuses to file
articles of revocation of dissolution within the time period
prescribed by this Act is subject to a penalty for each
calendar month or part of the month that it is delinquent in
the amount of $25.00.
(Source: P.A. 85-1269.)
Section 15. The Merger of Not For Profit Corporations
Act is amended by changing Section 1 and adding Section 1.5
as follows:
(805 ILCS 120/1) (from Ch. 32, par. 188a)
Sec. 1. Name. Any 2 two or more societies, corporations
or associations of the same or a similar nature, organized
under any special or general law of this State, or of any
State of these United States pertaining to corporations not
for pecuniary profit for the purpose of conducting any kind
of business or enterprise for any lawful purpose other than
for pecuniary profit including religious corporations, may
merge or consolidate into a single corporation. The
corporation formed by the merger or consolidation may take
either the name of one of such merging or consolidating
corporations; provided, said name is not the same as or
similar to that of a corporation then existing under the laws
of this State or of a foreign corporation licensed to do
business in this State, or a new name not the same as or
similar to that of a corporation then existing under the laws
of this State or of a foreign corporation licensed to do
business in this State.
A foreign corporation may not use or take an assumed or
fictitious name in the conduct of its business that
intentionally misrepresents the geographic origin or location
of the corporation within Illinois.
(Source: Laws 1935, p. 618.)
(805 ILCS 120/1.5 new)
Sec. 1.5. Locale misrepresentation.
(a) A person shall not advertise or cause to be listed
in a telephone directory an assumed or fictitious business
name that intentionally misrepresents where the business is
actually located or operating or falsely states that the
business is located or operating in the area covered by the
telephone directory. This subsection (a) does not apply to a
telephone service provider or to the publisher or distributor
of a telephone service directory, unless the conduct
prescribed in this subsection (a) is on behalf of that
telephone service provider or that publisher or distributor.
(b) A foreign not-for-profit corporation that violates
this Section is guilty of a petty offense and must be fined
not less than $501 and not more than $1,000. A foreign
not-for-profit corporation is guilty of an additional offense
for each additional day in violation of this Section.
Section 20. The Limited Liability Company Act is amended
by changing Section 1-20 and adding Section 1-27 as follows:
(805 ILCS 180/1-20)
Sec. 1-20. Assumed name.
(a) A limited liability company or a foreign limited
liability company admitted to transact business or making
application for admission to transact business in Illinois
may elect to adopt an assumed name that complies with the
requirements of Section 1-10 of this Act except (a)(1) shall
contain the term "limited liability company", "L.L.C.", or
"LLC".
(a-5) As used in this Act, "assumed name" means any name
other than the true limited liability company name, except
that the following do not constitute the use of an assumed
name under this Act:
(1) A limited liability company's identification of
its business with a trademark or service mark of which
the company is the owner or licensed user.
(2) The use of a name of a division, not containing
the word "limited", "liability", or "company" or an
abbreviation of one of those words, provided that the
limited liability company also clearly discloses its true
name.
(b) Before transacting any business in Illinois under an
assumed limited liability company name or names, the limited
liability company shall, for each assumed name, execute and
file in duplicate an application setting forth all of the
following:
(1) The true limited liability company name.
(2) The state or country under the laws of which it
is organized.
(3) That it intends to transact business under an
assumed limited liability company name.
(4) The assumed name that it proposes to use.
(c) The right to use an assumed name shall be effective
from the date of filing by the Secretary of State until the
first day of the anniversary month of the limited liability
company that falls within the next calendar year evenly
divisible by 5. However, if an application is filed within
the 2 months immediately preceding the anniversary month of a
limited liability company that falls within a calendar year
evenly divisible by 5, the right to use the assumed name
shall be effective until the first day of the anniversary
month of the limited liability company that falls within the
next succeeding calendar year evenly divisible by 5.
(d) A limited liability company shall renew the right to
use its assumed name or names, if any, within the 60 days
preceding the expiration of the right, for a period of 5
years, by making an election to do so at the time of filing
its annual report form and by paying the renewal fee as
prescribed by this Act.
(e) A limited liability company or foreign limited
liability company may change or cancel any or all of its
assumed names by executing and filing an application setting
forth all of the following:
(1) The true limited liability company name.
(2) The state or country under the laws of which it
is organized.
(3) That it intends to cease transacting business
under an assumed name by changing or cancelling it.
(4) The assumed name to be changed or cancelled.
(5) If the assumed name is to be changed, the
assumed name that the limited liability company proposes
to use.
(f) Upon the filing of an application to change an
assumed name, the limited liability company shall have the
right to use the assumed name for the balance of the period
authorized.
(g) The right to use an assumed name shall be cancelled
by the Secretary of State if any of the following occurs:
(1) The limited liability company fails to renew an
assumed name.
(2) The limited liability company has filed an
application to change or cancel the assumed name.
(3) A limited liability company has been dissolved.
(4) A foreign limited liability company has had its
admission to do business in Illinois revoked.
(h) Any limited liability company or foreign limited
liability company failing to pay the prescribed fee for
assumed name renewal when due and payable shall be given
notice of nonpayment by the Secretary of State by regular
mail. If the fee, together with a late fee of $100, is not
paid within 60 days after the notice is mailed, the right to
use the assumed name shall cease. Any limited liability
company or foreign limited liability company that (i) puts
forth any sign or advertisement assuming any name other than
that under which it is organized or otherwise authorized by
law to act or (ii) violates Section 1-27 is guilty of a petty
business offense and shall be fined not less than $501 and
not more than $1,000. A limited liability company or foreign
limited liability company shall be deemed guilty of an
additional offense for each day it shall continue to so
offend. Each limited liability company or foreign limited
liability company that fails or refuses (1) to answer
truthfully and fully within the time prescribed by this Act
interrogatories propounded by the Secretary of State in
accordance with this Act or (2) to perform any other act
required by this Act to be performed by the limited liability
company or foreign limited liability company is guilty of a
petty business offense and shall be fined not less than $501
and not more than $1,000.
(i) A foreign limited liability company may not use an
assumed or fictitious name in the conduct of its business to
intentionally misrepresent the geographic origin or location
of the company.
(Source: P.A. 91-354, eff. 1-1-00.)
(805 ILCS 180/1-27 new)
Sec. 1-27. Locale misrepresentation.
(a) A person shall not advertise or cause to be listed
in a telephone directory an assumed or fictitious business
name that intentionally misrepresents where the business is
actually located or operating or falsely states that the
business is located or operating in the area covered by the
telephone directory. This subsection (a) does not apply to a
telephone service provider or to the publisher or distributor
of a telephone service directory, unless the conduct
prescribed in this subsection (a) is on behalf of that
telephone service provider or that publisher or distributor.
(b) This Section does not apply to any foreign limited
liability company that has gross annual revenues in excess of
$100,000,000.
(c) A foreign limited liability company that violates
this Section is guilty of a petty offense and must be fined
not less than $501 and not more than $1,000. A foreign
limited liability company is guilty of an additional offense
for each additional day in violation of this Section.
Section 25. The Uniform Partnership Act is amended by
adding Section 6.5 and changing Section 8.2 as follows:
(805 ILCS 205/6.5 new)
Sec. 6.5. Prohibited name; locale misrepresentation.
(a) A foreign partnership may not use an assumed or
fictitious name in the conduct of its business to
intentionally misrepresent the geographic origin or location
of the partnership.
(b) A person shall not advertise or cause to be listed
in a telephone directory an assumed or fictitious business
name that intentionally misrepresents where the business is
actually located or operating or falsely states that the
business is located or operating in the area covered by the
telephone directory. This subsection (b) does not apply to a
telephone service provider or to the publisher or distributor
of a telephone service directory, unless the conduct
prescribed in this subsection (b) is on behalf of that
telephone service provider or that publisher or distributor.
This subsection (b) does not apply to any foreign
partnership that has gross annual revenues in excess of
$100,000,000.
(c) A foreign partnership that violates this Section is
guilty of a petty offense and must be fined not less than
$501 and not more than $1,000. A foreign partnership is
guilty of an additional offense for each additional day in
violation of this Section.
(805 ILCS 205/8.2)
Sec. 8.2. Name of registered limited liability
partnership; misrepresentation.
(a) The name of a registered limited liability
partnership shall contain the words "Registered Limited
Liability Partnership" or the abbreviation "L.L.P." or the
designation "LLP" as the last words or letters of its name.
(b) A foreign partnership may not use an assumed or
fictitious name in the conduct of its business to
intentionally misrepresent the geographic origin or location
of the partnership.
This subsection (b) does not apply to any foreign limited
liability partnership that has gross annual revenues in
excess of $100,000,000.
(c) A person shall not advertise or cause to be listed
in a telephone directory an assumed or fictitious business
name that intentionally misrepresents where the business is
actually located or operating or falsely states that the
business is located or operating in the area covered by the
telephone directory. This subsection (c) does not apply to a
telephone service provider or to the publisher or distributor
of a telephone service directory, unless the conduct
prescribed in this subsection (c) is on behalf of that
telephone service provider or that publisher or distributor.
This subsection (c) does not apply to any foreign limited
liability partnership that has gross annual revenues in
excess of $100,000,000.
(d) A foreign limited liability partnership that violates
this Section is guilty of a petty offense and must be fined
not less than $501 and not more than $1,000. A foreign
limited liability partnership is guilty of an additional
offense for each additional day in violation of this Section.
(Source: P.A. 88-573, eff. 8-11-94.)
Section 30. The Revised Uniform Limited Partnership Act
is amended by changing Section 102 and adding Section 105.5
as follows:
(805 ILCS 210/102) (from Ch. 106 1/2, par. 151-3)
Sec. 102. Name.
(a) The name of each limited partnership as set forth in
its certificate of limited partnership:
(1) shall contain the words "limited partnership"
or the abbreviation "L.P.";
(2) may not contain the name of a limited partner
unless (i) it is also the name of a general partner or
the corporate name of a corporate general partner, or
(ii) the business of the limited partnership had been
carried on under the name before the admission of that
limited partner as a limited partner;
(3) may not contain a word or phrase, or an
abbreviation or derivation thereof, the use of which is
prohibited or restricted by any other statute of this
State unless such restriction has been complied with;
(4) shall consist of letters of the English
alphabet, Arabic or Roman numerals, or symbols capable of
being readily reproduced by the Office of the Secretary
of State; and
(5) shall not contain any of the following terms:
"Corporation", "Corp.", "Incorporated", "Inc.", "Company"
or "Co."; and.
(6) may not contain an assumed or fictitious name
for the conduct of its business to intentionally
misrepresent the origin or location of the partnership.
(b) Nothing in this Section or Section 108 shall:
(1) require any limited partnership existing under
the "Uniform Limited Partnership Act", filed June 28,
1917, as amended, to modify or otherwise change its name;
or
(2) abrogate or limit the common law or statutory
law of unfair competition or unfair trade practices, nor
derogate from the common law or principles of equity or
the statutes of this State or of the United States with
respect to the right to acquire and protect copyrights,
trade names, trademarks, service marks, service names, or
any other right to the exclusive use of names or symbols.
(c) Except for subsection (i) of Section 108, a limited
partnership under this Act shall not be subject to the
provisions of the Assumed Business Name Act "An Act in
relation to the use of an assumed name in the conduct or
transaction of business in this State", approved July 17,
1941, as amended.
(Source: P.A. 86-836.)
(805 ILCS 210/105.5 new)
Sec. 105.5. Locale misrepresentation.
(a) A person shall not advertise or cause to be listed
in a telephone directory an assumed or fictitious business
name that intentionally misrepresents where the business is
actually located or operating or falsely states that the
business is located or operating in the area covered by the
telephone directory. This subsection (a) does not apply to a
telephone service provider or to the publisher or distributor
of a telephone service directory, unless the conduct
prescribed in this subsection (a) is on behalf of that
telephone service provider or that publisher or distributor.
(b) This Section does not apply to any foreign limited
partnership that has gross annual revenues in excess of
$100,000,000.
(c) A foreign limited partnership that violates this
Section is guilty of a petty offense and must be fined not
less than $501 and not more than $1,000. A foreign limited
partnership is guilty of an additional offense for each
additional day in violation of this Section.
Section 35. The Assumed Business Name Act is amended by
changing Section 1 and adding Section 3b as follows:
(805 ILCS 405/1) (from Ch. 96, par. 4)
Sec. 1. Certificate; misrepresentation. No person or
persons shall conduct or transact business in this State
under an assumed name, or under any designation, name or
style, corporate or otherwise, other than the real name or
names of the individual or individuals conducting or
transacting such business, unless such person or persons
shall file in the office of the County Clerk of the County in
which such person or persons conduct or transact or intend to
conduct or transact such business, a certificate setting
forth the name under which the business is, or is to be,
conducted or transacted, and the true or real full name or
names of the person or persons owning, conducting or
transacting the same, with the post office address or
addresses of such person or persons and every address where
such business is, or is to be, conducted or transacted in the
county. The certificate shall be executed and duly
acknowledged by the person or persons so conducting or
intending to conduct the business.
Notice of the filing of such certificate shall be
published in a newspaper of general circulation published
within the county in which the certificate is filed. Such
notice shall be published once a week for 3 consecutive
weeks. The first publication shall be within 15 days after
the certificate is filed in the office of the County Clerk.
Proof of publication shall be filed with the County Clerk
within 50 days from the date of filing the certificate. Upon
receiving proof of publication, the clerk shall issue a
receipt to the person filing such certificate but no
additional charge shall be assessed by the clerk for giving
such receipt. Unless proof of publication is made to the
clerk, the certificate of registration of the assumed name is
void.
If any person changes his name or his residence address
or the address of any place of business in the county where
such assumed name is being employed after filing a
certificate, or if the name of a person is added to any
business organization for which a certificate is on file,
such person shall file an additional, duly acknowledged
certificate in the office of the County Clerk of the county
in which such person transacts business under an assumed
name. The certificate shall set out the change or addition as
the case may be. Such certificate shall also set out the post
office address of the person. If any business organization
for which such certificate has been filed in any county of
this State shall remove its place of business to another
county in this State or shall establish an additional
location for doing business in another county of this State,
a certificate shall be filed in the office of the County
Clerk of such other county and notice of the filing of such
certificate of a change or addition of a name shall be
published and proof of publication made pursuant to the
provisions of this section in the same manner as is provided
for original certificates to do business under an assumed
name.
A foreign person or foreign entity may not use an assumed
or fictitious name in the conduct of its business to
intentionally misrepresent the origin or location of the
person or entity.
(Source: P.A. 86-622.)
(805 ILCS 405/3b new)
Sec. 3b. Locale misrepresentation.
(a) A person shall not advertise or cause to be listed
in a telephone directory an assumed or fictitious business
name that intentionally misrepresents where the business is
actually located or operating or falsely states that the
business is located or operating in the area covered by the
telephone directory. This subsection (a) does not apply to a
telephone service provider or to the publisher or distributor
of a telephone service directory, unless the conduct
prescribed in this subsection (a) is on behalf of that
telephone service provider or that publisher or distributor.
(b) This Section does not apply to any foreign person or
foreign entity that has gross annual revenues in excess of
$100,000,000.
(c) A foreign limited partnership that violates this
Section is guilty of a petty offense and must be fined not
less than $501 and not more than $1,000. A foreign limited
partnership is guilty of an additional offense for each
additional day in violation of this Section.
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