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91_HB2991enr
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1 AN ACT concerning business names.
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 adding Section 3.25 and by changing Sections 4.15
6 and 16.05 as follows:
7 (805 ILCS 5/3.25 new)
8 Sec. 3.25. Locale misrepresentation.
9 (a) A person shall not advertise or cause to be listed
10 in a telephone directory an assumed or fictitious business
11 name that intentionally misrepresents where the business is
12 actually located or operating or falsely states that the
13 business is located or operating in the area covered by the
14 telephone directory. This subsection (a) does not apply to a
15 telephone service provider or to the publisher or distributor
16 of a telephone service directory, unless the conduct
17 prescribed in this subsection (a) is on behalf of that
18 telephone service provider or that publisher or distributor.
19 (b) This Section does not apply to any foreign
20 corporation, the stock of which is traded on a national stock
21 exchange, that has gross annual revenues in excess of
22 $100,000,000.
23 (c) A foreign corporation that violates this Section is
24 guilty of a petty offense and must be fined not less than
25 $501 and not more than $1,000. A foreign corporation is
26 guilty of an additional offense for each additional day in
27 violation of this Section.
28 (805 ILCS 5/4.15) (from Ch. 32, par. 4.15)
29 Sec. 4.15. Assumed corporate name.
30 (a) A domestic corporation or a foreign corporation
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1 admitted to transact business or attempting to gain admission
2 to transact business may elect to adopt an assumed corporate
3 name that complies with the requirements of paragraphs (2),
4 (3), (4), (5) and (6) of subsection (a) of Section 4.05 of
5 this Act with respect to corporate names.
6 (b) As used in this Act, "assumed corporate name" means
7 any corporate name other than the true corporate name, except
8 that the following shall not constitute the use of an assumed
9 corporate name under this Act:
10 (1) the identification by a corporation of its
11 business with a trademark or service mark of which it is
12 the owner or licensed user; and
13 (2) the use of a name of a division, not separately
14 incorporated and not containing the word "corporation",
15 "incorporated", or "limited" or an abbreviation of one of
16 such words, provided the corporation also clearly
17 discloses its corporate name.
18 (c) Before transacting any business in this State under
19 an assumed corporate name or names, the corporation shall,
20 for each assumed corporate name, pursuant to resolution by
21 its board of directors, execute and file in duplicate in
22 accordance with Section 1.10 of this Act, an application
23 setting forth:
24 (1) The true corporate name.
25 (2) The state or country under the laws of which it
26 is organized.
27 (3) That it intends to transact business under an
28 assumed corporate name.
29 (4) The assumed corporate name which it proposes to
30 use.
31 (d) The right to use an assumed corporate name shall be
32 effective from the date of filing by the Secretary of State
33 until the first day of the anniversary month of the
34 corporation that falls within the next calendar year evenly
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1 divisible by 5 five, however, if an application is filed
2 within the 2 months immediately preceding the anniversary
3 month of a corporation that falls within a calendar year
4 evenly divisible by 5 five, the right to use the assumed
5 corporate name shall be effective until the first day of the
6 anniversary month of the corporation that falls within the
7 next succeeding calendar year evenly divisible by 5 five.
8 (e) A corporation shall renew the right to use its
9 assumed corporate name or names, if any, within the 60 sixty
10 days preceding the expiration of such right, for a period of
11 5 five years, by making an election to do so at the time of
12 filing its annual report form and by paying the renewal fee
13 as prescribed by this Act.
14 (f) Once an application for an assumed corporate name
15 has been filed by the Secretary of State, one copy thereof
16 may be filed for record in the office of the recorder of the
17 county in which the registered office of the corporation is
18 situated in this State.
19 (g) A foreign corporation may not use an assumed or
20 fictitious name in the conduct of its business to
21 intentionally misrepresent the geographic origin or location
22 of the corporation within Illinois.
23 (Source: P.A. 84-924.)
24 (805 ILCS 5/16.05) (from Ch. 32, par. 16.05)
25 Sec. 16.05. Penalties and interest imposed upon
26 corporations.
27 (a) Each corporation, domestic or foreign, that fails or
28 refuses to file any annual report or report of cumulative
29 changes in paid-in capital and pay any franchise tax due
30 pursuant to the report prior to the first day of its
31 anniversary month or, in the case of a corporation which has
32 established an extended filing month, the extended filing
33 month of the corporation shall pay a penalty of 10% of the
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1 amount of any delinquent franchise tax due for the report.
2 (b) Each corporation, domestic or foreign, that fails or
3 refuses to file a report of issuance of shares or increase in
4 paid-in capital within the time prescribed by this Act is
5 subject to a penalty on any obligation occurring prior to
6 January 1, 1991, and interest on those obligations on or
7 after January 1, 1991, for each calendar month or part of
8 month that it is delinquent in the amount of 1% of the amount
9 of license fees and franchise taxes provided by this Act to
10 be paid on account of the issuance of shares or increase in
11 paid-in capital.
12 (c) Each corporation, domestic or foreign, that fails or
13 refuses to file a report of cumulative changes in paid-in
14 capital or report following merger within the time prescribed
15 by this Act is subject to interest on or after January 1,
16 1992, for each calendar month or part of month that it is
17 delinquent, in the amount of 1% of the amount of franchise
18 taxes provided by this Act to be paid on account of the
19 issuance of shares or increase in paid-in capital disclosed
20 on the report of cumulative changes in paid-in capital or
21 report following merger, or $1, whichever is greater.
22 (d) If the annual franchise tax, or the supplemental
23 annual franchise tax for any 12-month period commencing July
24 1, 1968, or July 1 of any subsequent year through June 30,
25 1983, assessed in accordance with this Act, is not paid by
26 July 31, it is delinquent, and there is added a penalty prior
27 to January 1, 1991, and interest on and after January 1,
28 1991, of 1% for each month or part of month that it is
29 delinquent commencing with the month of August, or $1,
30 whichever is greater.
31 (e) If the supplemental annual franchise tax assessed in
32 accordance with the provisions of this Act for the 12-month
33 period commencing July 1, 1967, is not paid by September 30,
34 1967, it is delinquent, and there is added a penalty prior to
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1 January 1, 1991, and interest on and after January 1, 1991,
2 of 1% for each month or part of month that it is delinquent
3 commencing with the month of October, 1967.
4 (f) If any annual franchise tax for any period beginning
5 on or after July 1, 1983, is not paid by the time period
6 herein prescribed, it is delinquent and there is added a
7 penalty prior to January 1, 1991, and interest on and after
8 January 1, 1991, of 1% for each month or part of a month that
9 it is delinquent commencing with the anniversary month or in
10 the case of a corporation that has established an extended
11 filing month, the extended filing month, or $1, whichever is
12 greater.
13 (g) Any corporation, domestic or foreign, failing to pay
14 the prescribed fee for assumed corporate name renewal when
15 due and payable shall be given notice of nonpayment by the
16 Secretary of State by regular mail; and if the fee together
17 with a penalty fee of $5 is not paid within 90 days after the
18 notice is mailed, the right to use the assumed name shall
19 cease.
20 (h) Any corporation which (i) puts forth any sign or
21 advertisement, assuming any name other than that by which it
22 is incorporated or otherwise authorized by law to act or (ii)
23 violates Section 3.25, shall be guilty of a Class C
24 misdemeanor and shall be deemed guilty of an additional
25 offense for each day it shall continue to so offend.
26 (i) Each corporation, domestic or foreign, that fails or
27 refuses (1) to file in the office of the recorder within the
28 time prescribed by this Act any document required by this Act
29 to be so filed, or (2) to answer truthfully and fully within
30 the time prescribed by this Act interrogatories propounded by
31 the Secretary of State in accordance with this Act, or (3) to
32 perform any other act required by this Act to be performed by
33 the corporation, is guilty of a Class C misdemeanor.
34 (j) Each corporation that fails or refuses to file
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1 articles of revocation of dissolution within the time
2 prescribed by this Act is subject to a penalty for each
3 calendar month or part of the month that it is delinquent in
4 the amount of $50.
5 (Source: P.A. 91-464, eff. 1-1-00.)
6 Section 10. The General Not For Profit Corporation Act
7 of 1986 is amended by adding Section 103.25 and by changing
8 Sections 104.15 and 116.05 as follows:
9 (805 ILCS 105/103.25 new)
10 Sec. 103.25. Locale misrepresentation.
11 (a) A person shall not advertise or cause to be listed
12 in a telephone directory an assumed or fictitious business
13 name that intentionally misrepresents where the business is
14 actually located or operating or falsely states that the
15 business is located or operating in the area covered by the
16 telephone directory. This subsection (a) does not apply to a
17 telephone service provider or to the publisher or distributor
18 of a telephone service directory, unless the conduct
19 prescribed in this subsection (a) is on behalf of that
20 telephone service provider or that publisher or distributor.
21 (b) A foreign not-for-profit corporation that violates
22 this Section is guilty of a petty offense and must be fined
23 not less than $501 and not more than $1,000. A foreign
24 not-for-profit corporation is guilty of an additional offense
25 for each additional day in violation of this Section.
26 (805 ILCS 105/104.15) (from Ch. 32, par. 104.15)
27 Sec. 104.15. Assumed corporate name.
28 (a) A domestic corporation or a foreign corporation
29 admitted to conduct affairs or attempting to gain admission
30 to conduct affairs may elect to adopt an assumed corporate
31 name that complies with the requirements of subsection (a) of
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1 Section 104.05 of this Act with respect to corporate names.
2 (b) As used in this Act, "assumed corporate name" means
3 any corporate name other than the true corporate name, except
4 that the following shall not constitute the use of an assumed
5 corporate name under this Act:
6 (1) The identification by a corporation of the
7 conduct of its affairs with a trademark or service mark
8 of which it is the owner or licensed user; or
9 (2) The use of the name of a division, not
10 separately incorporated and not containing the word
11 "corporation," "incorporated," or "limited" or an
12 abbreviation of one of such words, provided the
13 corporation also clearly discloses its corporate name.
14 (c) Before conducting any affairs in this State under an
15 assumed corporate name or names, the corporation shall, for
16 each assumed corporate name, pursuant to resolution by its
17 board of directors, execute and file in accordance with
18 Section 101.10 of this Act, an application setting forth:
19 (1) The true corporate name;
20 (2) The State or country under the laws of which it
21 is organized;
22 (3) That it intends to conduct affairs under an
23 assumed corporate name;
24 (4) The assumed corporate name which it proposes to
25 use.
26 (d) The right to use an assumed corporate name shall be
27 effective from the date of filing by the Secretary of State
28 until the first day of the anniversary month of the
29 corporation that falls within the next calendar year evenly
30 divisible by 5 five, except that if an application is filed
31 within the 2 two months immediately preceding the anniversary
32 month of a corporation that falls within a calendar year
33 evenly divisible by 5 five, the right to use the assumed
34 corporate name shall be effective until the first day of the
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1 anniversary month of the corporation that falls within the
2 next succeeding calendar year evenly divisible by 5 five.
3 (e) A corporation shall renew the right to use its
4 assumed corporate name or names, if any, within the 60 sixty
5 days preceding the expiration of such right, for a period of
6 5 five years, by making an election to do so at the time of
7 filing its annual report form and by paying the renewal fee
8 as prescribed by this Act.
9 (f) Once an application for an assumed corporate name
10 has been filed by the Secretary of State, one copy thereof
11 may be filed for record in the office of the Recorder of the
12 county in which the registered office of the corporation is
13 situated in this State.
14 (g) A foreign corporation may not use an assumed or
15 fictitious name in the conduct of its business to
16 intentionally misrepresent the geographic origin or location
17 of the corporation within Illinois.
18 (Source: P.A. 84-1423.)
19 (805 ILCS 105/116.05) (from Ch. 32, par. 116.05)
20 Sec. 116.05. Penalties imposed upon corporations. (a)
21 Each corporation, domestic or foreign, that fails or refuses
22 to file its annual report prior to the first day of its
23 anniversary month shall pay a penalty of $3.
24 (b) Any corporation, domestic or foreign, failing to pay
25 the prescribed fee for assumed corporate name renewal when
26 due and payable shall be given notice of such nonpayment by
27 the Secretary of State by regular mail; and if such fee
28 together with a penalty fee of $5 is not paid within 90 days
29 after such notice is mailed, the right to use such assumed
30 name shall cease.
31 (c) Any corporation which (i) puts forth any sign or
32 advertisement, assuming any name other than that by which it
33 is incorporated or otherwise authorized by law to act or (ii)
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1 violates Section 103.25, shall be guilty of a Class C
2 misdemeanor and shall be deemed guilty of an additional
3 offense for each day it shall continue to so offend.
4 (d) Each corporation, domestic or foreign, that fails or
5 refuses (1) to answer truthfully and fully within the time
6 prescribed by this Act interrogatories propounded by the
7 Secretary of State in accordance with this Act, or (2) to
8 perform any other act required by this Act to be performed by
9 the corporation, is guilty of a Class C misdemeanor.
10 (e) Each corporation that fails or refuses to file
11 articles of revocation of dissolution within the time period
12 prescribed by this Act is subject to a penalty for each
13 calendar month or part of the month that it is delinquent in
14 the amount of $25.00.
15 (Source: P.A. 85-1269.)
16 Section 15. The Merger of Not For Profit Corporations
17 Act is amended by changing Section 1 and adding Section 1.5
18 as follows:
19 (805 ILCS 120/1) (from Ch. 32, par. 188a)
20 Sec. 1. Name. Any 2 two or more societies, corporations
21 or associations of the same or a similar nature, organized
22 under any special or general law of this State, or of any
23 State of these United States pertaining to corporations not
24 for pecuniary profit for the purpose of conducting any kind
25 of business or enterprise for any lawful purpose other than
26 for pecuniary profit including religious corporations, may
27 merge or consolidate into a single corporation. The
28 corporation formed by the merger or consolidation may take
29 either the name of one of such merging or consolidating
30 corporations; provided, said name is not the same as or
31 similar to that of a corporation then existing under the laws
32 of this State or of a foreign corporation licensed to do
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1 business in this State, or a new name not the same as or
2 similar to that of a corporation then existing under the laws
3 of this State or of a foreign corporation licensed to do
4 business in this State.
5 A foreign corporation may not use or take an assumed or
6 fictitious name in the conduct of its business that
7 intentionally misrepresents the geographic origin or location
8 of the corporation within Illinois.
9 (Source: Laws 1935, p. 618.)
10 (805 ILCS 120/1.5 new)
11 Sec. 1.5. Locale misrepresentation.
12 (a) A person shall not advertise or cause to be listed
13 in a telephone directory an assumed or fictitious business
14 name that intentionally misrepresents where the business is
15 actually located or operating or falsely states that the
16 business is located or operating in the area covered by the
17 telephone directory. This subsection (a) does not apply to a
18 telephone service provider or to the publisher or distributor
19 of a telephone service directory, unless the conduct
20 prescribed in this subsection (a) is on behalf of that
21 telephone service provider or that publisher or distributor.
22 (b) A foreign not-for-profit corporation that violates
23 this Section is guilty of a petty offense and must be fined
24 not less than $501 and not more than $1,000. A foreign
25 not-for-profit corporation is guilty of an additional offense
26 for each additional day in violation of this Section.
27 Section 20. The Limited Liability Company Act is amended
28 by changing Section 1-20 and adding Section 1-27 as follows:
29 (805 ILCS 180/1-20)
30 Sec. 1-20. Assumed name.
31 (a) A limited liability company or a foreign limited
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1 liability company admitted to transact business or making
2 application for admission to transact business in Illinois
3 may elect to adopt an assumed name that complies with the
4 requirements of Section 1-10 of this Act except (a)(1) shall
5 contain the term "limited liability company", "L.L.C.", or
6 "LLC".
7 (a-5) As used in this Act, "assumed name" means any name
8 other than the true limited liability company name, except
9 that the following do not constitute the use of an assumed
10 name under this Act:
11 (1) A limited liability company's identification of
12 its business with a trademark or service mark of which
13 the company is the owner or licensed user.
14 (2) The use of a name of a division, not containing
15 the word "limited", "liability", or "company" or an
16 abbreviation of one of those words, provided that the
17 limited liability company also clearly discloses its true
18 name.
19 (b) Before transacting any business in Illinois under an
20 assumed limited liability company name or names, the limited
21 liability company shall, for each assumed name, execute and
22 file in duplicate an application setting forth all of the
23 following:
24 (1) The true limited liability company name.
25 (2) The state or country under the laws of which it
26 is organized.
27 (3) That it intends to transact business under an
28 assumed limited liability company name.
29 (4) The assumed name that it proposes to use.
30 (c) The right to use an assumed name shall be effective
31 from the date of filing by the Secretary of State until the
32 first day of the anniversary month of the limited liability
33 company that falls within the next calendar year evenly
34 divisible by 5. However, if an application is filed within
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1 the 2 months immediately preceding the anniversary month of a
2 limited liability company that falls within a calendar year
3 evenly divisible by 5, the right to use the assumed name
4 shall be effective until the first day of the anniversary
5 month of the limited liability company that falls within the
6 next succeeding calendar year evenly divisible by 5.
7 (d) A limited liability company shall renew the right to
8 use its assumed name or names, if any, within the 60 days
9 preceding the expiration of the right, for a period of 5
10 years, by making an election to do so at the time of filing
11 its annual report form and by paying the renewal fee as
12 prescribed by this Act.
13 (e) A limited liability company or foreign limited
14 liability company may change or cancel any or all of its
15 assumed names by executing and filing an application setting
16 forth all of the following:
17 (1) The true limited liability company name.
18 (2) The state or country under the laws of which it
19 is organized.
20 (3) That it intends to cease transacting business
21 under an assumed name by changing or cancelling it.
22 (4) The assumed name to be changed or cancelled.
23 (5) If the assumed name is to be changed, the
24 assumed name that the limited liability company proposes
25 to use.
26 (f) Upon the filing of an application to change an
27 assumed name, the limited liability company shall have the
28 right to use the assumed name for the balance of the period
29 authorized.
30 (g) The right to use an assumed name shall be cancelled
31 by the Secretary of State if any of the following occurs:
32 (1) The limited liability company fails to renew an
33 assumed name.
34 (2) The limited liability company has filed an
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1 application to change or cancel the assumed name.
2 (3) A limited liability company has been dissolved.
3 (4) A foreign limited liability company has had its
4 admission to do business in Illinois revoked.
5 (h) Any limited liability company or foreign limited
6 liability company failing to pay the prescribed fee for
7 assumed name renewal when due and payable shall be given
8 notice of nonpayment by the Secretary of State by regular
9 mail. If the fee, together with a late fee of $100, is not
10 paid within 60 days after the notice is mailed, the right to
11 use the assumed name shall cease. Any limited liability
12 company or foreign limited liability company that (i) puts
13 forth any sign or advertisement assuming any name other than
14 that under which it is organized or otherwise authorized by
15 law to act or (ii) violates Section 1-27 is guilty of a petty
16 business offense and shall be fined not less than $501 and
17 not more than $1,000. A limited liability company or foreign
18 limited liability company shall be deemed guilty of an
19 additional offense for each day it shall continue to so
20 offend. Each limited liability company or foreign limited
21 liability company that fails or refuses (1) to answer
22 truthfully and fully within the time prescribed by this Act
23 interrogatories propounded by the Secretary of State in
24 accordance with this Act or (2) to perform any other act
25 required by this Act to be performed by the limited liability
26 company or foreign limited liability company is guilty of a
27 petty business offense and shall be fined not less than $501
28 and not more than $1,000.
29 (i) A foreign limited liability company may not use an
30 assumed or fictitious name in the conduct of its business to
31 intentionally misrepresent the geographic origin or location
32 of the company.
33 (Source: P.A. 91-354, eff. 1-1-00.)
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1 (805 ILCS 180/1-27 new)
2 Sec. 1-27. Locale misrepresentation.
3 (a) A person shall not advertise or cause to be listed
4 in a telephone directory an assumed or fictitious business
5 name that intentionally misrepresents where the business is
6 actually located or operating or falsely states that the
7 business is located or operating in the area covered by the
8 telephone directory. This subsection (a) does not apply to a
9 telephone service provider or to the publisher or distributor
10 of a telephone service directory, unless the conduct
11 prescribed in this subsection (a) is on behalf of that
12 telephone service provider or that publisher or distributor.
13 (b) This Section does not apply to any foreign limited
14 liability company that has gross annual revenues in excess of
15 $100,000,000.
16 (c) A foreign limited liability company that violates
17 this Section is guilty of a petty offense and must be fined
18 not less than $501 and not more than $1,000. A foreign
19 limited liability company is guilty of an additional offense
20 for each additional day in violation of this Section.
21 Section 25. The Uniform Partnership Act is amended by
22 adding Section 6.5 and changing Section 8.2 as follows:
23 (805 ILCS 205/6.5 new)
24 Sec. 6.5. Prohibited name; locale misrepresentation.
25 (a) A foreign partnership may not use an assumed or
26 fictitious name in the conduct of its business to
27 intentionally misrepresent the geographic origin or location
28 of the partnership.
29 (b) A person shall not advertise or cause to be listed
30 in a telephone directory an assumed or fictitious business
31 name that intentionally misrepresents where the business is
32 actually located or operating or falsely states that the
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1 business is located or operating in the area covered by the
2 telephone directory. This subsection (b) does not apply to a
3 telephone service provider or to the publisher or distributor
4 of a telephone service directory, unless the conduct
5 prescribed in this subsection (b) is on behalf of that
6 telephone service provider or that publisher or distributor.
7 This subsection (b) does not apply to any foreign
8 partnership that has gross annual revenues in excess of
9 $100,000,000.
10 (c) A foreign partnership that violates this Section is
11 guilty of a petty offense and must be fined not less than
12 $501 and not more than $1,000. A foreign partnership is
13 guilty of an additional offense for each additional day in
14 violation of this Section.
15 (805 ILCS 205/8.2)
16 Sec. 8.2. Name of registered limited liability
17 partnership; misrepresentation.
18 (a) The name of a registered limited liability
19 partnership shall contain the words "Registered Limited
20 Liability Partnership" or the abbreviation "L.L.P." or the
21 designation "LLP" as the last words or letters of its name.
22 (b) A foreign partnership may not use an assumed or
23 fictitious name in the conduct of its business to
24 intentionally misrepresent the geographic origin or location
25 of the partnership.
26 This subsection (b) does not apply to any foreign limited
27 liability partnership that has gross annual revenues in
28 excess of $100,000,000.
29 (c) A person shall not advertise or cause to be listed
30 in a telephone directory an assumed or fictitious business
31 name that intentionally misrepresents where the business is
32 actually located or operating or falsely states that the
33 business is located or operating in the area covered by the
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1 telephone directory. This subsection (c) does not apply to a
2 telephone service provider or to the publisher or distributor
3 of a telephone service directory, unless the conduct
4 prescribed in this subsection (c) is on behalf of that
5 telephone service provider or that publisher or distributor.
6 This subsection (c) does not apply to any foreign limited
7 liability partnership that has gross annual revenues in
8 excess of $100,000,000.
9 (d) A foreign limited liability partnership that violates
10 this Section is guilty of a petty offense and must be fined
11 not less than $501 and not more than $1,000. A foreign
12 limited liability partnership is guilty of an additional
13 offense for each additional day in violation of this Section.
14 (Source: P.A. 88-573, eff. 8-11-94.)
15 Section 30. The Revised Uniform Limited Partnership Act
16 is amended by changing Section 102 and adding Section 105.5
17 as follows:
18 (805 ILCS 210/102) (from Ch. 106 1/2, par. 151-3)
19 Sec. 102. Name.
20 (a) The name of each limited partnership as set forth in
21 its certificate of limited partnership:
22 (1) shall contain the words "limited partnership"
23 or the abbreviation "L.P.";
24 (2) may not contain the name of a limited partner
25 unless (i) it is also the name of a general partner or
26 the corporate name of a corporate general partner, or
27 (ii) the business of the limited partnership had been
28 carried on under the name before the admission of that
29 limited partner as a limited partner;
30 (3) may not contain a word or phrase, or an
31 abbreviation or derivation thereof, the use of which is
32 prohibited or restricted by any other statute of this
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1 State unless such restriction has been complied with;
2 (4) shall consist of letters of the English
3 alphabet, Arabic or Roman numerals, or symbols capable of
4 being readily reproduced by the Office of the Secretary
5 of State; and
6 (5) shall not contain any of the following terms:
7 "Corporation", "Corp.", "Incorporated", "Inc.", "Company"
8 or "Co."; and.
9 (6) may not contain an assumed or fictitious name
10 for the conduct of its business to intentionally
11 misrepresent the origin or location of the partnership.
12 (b) Nothing in this Section or Section 108 shall:
13 (1) require any limited partnership existing under
14 the "Uniform Limited Partnership Act", filed June 28,
15 1917, as amended, to modify or otherwise change its name;
16 or
17 (2) abrogate or limit the common law or statutory
18 law of unfair competition or unfair trade practices, nor
19 derogate from the common law or principles of equity or
20 the statutes of this State or of the United States with
21 respect to the right to acquire and protect copyrights,
22 trade names, trademarks, service marks, service names, or
23 any other right to the exclusive use of names or symbols.
24 (c) Except for subsection (i) of Section 108, a limited
25 partnership under this Act shall not be subject to the
26 provisions of the Assumed Business Name Act "An Act in
27 relation to the use of an assumed name in the conduct or
28 transaction of business in this State", approved July 17,
29 1941, as amended.
30 (Source: P.A. 86-836.)
31 (805 ILCS 210/105.5 new)
32 Sec. 105.5. Locale misrepresentation.
33 (a) A person shall not advertise or cause to be listed
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1 in a telephone directory an assumed or fictitious business
2 name that intentionally misrepresents where the business is
3 actually located or operating or falsely states that the
4 business is located or operating in the area covered by the
5 telephone directory. This subsection (a) does not apply to a
6 telephone service provider or to the publisher or distributor
7 of a telephone service directory, unless the conduct
8 prescribed in this subsection (a) is on behalf of that
9 telephone service provider or that publisher or distributor.
10 (b) This Section does not apply to any foreign limited
11 partnership that has gross annual revenues in excess of
12 $100,000,000.
13 (c) A foreign limited partnership that violates this
14 Section is guilty of a petty offense and must be fined not
15 less than $501 and not more than $1,000. A foreign limited
16 partnership is guilty of an additional offense for each
17 additional day in violation of this Section.
18 Section 35. The Assumed Business Name Act is amended by
19 changing Section 1 and adding Section 3b as follows:
20 (805 ILCS 405/1) (from Ch. 96, par. 4)
21 Sec. 1. Certificate; misrepresentation. No person or
22 persons shall conduct or transact business in this State
23 under an assumed name, or under any designation, name or
24 style, corporate or otherwise, other than the real name or
25 names of the individual or individuals conducting or
26 transacting such business, unless such person or persons
27 shall file in the office of the County Clerk of the County in
28 which such person or persons conduct or transact or intend to
29 conduct or transact such business, a certificate setting
30 forth the name under which the business is, or is to be,
31 conducted or transacted, and the true or real full name or
32 names of the person or persons owning, conducting or
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1 transacting the same, with the post office address or
2 addresses of such person or persons and every address where
3 such business is, or is to be, conducted or transacted in the
4 county. The certificate shall be executed and duly
5 acknowledged by the person or persons so conducting or
6 intending to conduct the business.
7 Notice of the filing of such certificate shall be
8 published in a newspaper of general circulation published
9 within the county in which the certificate is filed. Such
10 notice shall be published once a week for 3 consecutive
11 weeks. The first publication shall be within 15 days after
12 the certificate is filed in the office of the County Clerk.
13 Proof of publication shall be filed with the County Clerk
14 within 50 days from the date of filing the certificate. Upon
15 receiving proof of publication, the clerk shall issue a
16 receipt to the person filing such certificate but no
17 additional charge shall be assessed by the clerk for giving
18 such receipt. Unless proof of publication is made to the
19 clerk, the certificate of registration of the assumed name is
20 void.
21 If any person changes his name or his residence address
22 or the address of any place of business in the county where
23 such assumed name is being employed after filing a
24 certificate, or if the name of a person is added to any
25 business organization for which a certificate is on file,
26 such person shall file an additional, duly acknowledged
27 certificate in the office of the County Clerk of the county
28 in which such person transacts business under an assumed
29 name. The certificate shall set out the change or addition as
30 the case may be. Such certificate shall also set out the post
31 office address of the person. If any business organization
32 for which such certificate has been filed in any county of
33 this State shall remove its place of business to another
34 county in this State or shall establish an additional
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1 location for doing business in another county of this State,
2 a certificate shall be filed in the office of the County
3 Clerk of such other county and notice of the filing of such
4 certificate of a change or addition of a name shall be
5 published and proof of publication made pursuant to the
6 provisions of this section in the same manner as is provided
7 for original certificates to do business under an assumed
8 name.
9 A foreign person or foreign entity may not use an assumed
10 or fictitious name in the conduct of its business to
11 intentionally misrepresent the origin or location of the
12 person or entity.
13 (Source: P.A. 86-622.)
14 (805 ILCS 405/3b new)
15 Sec. 3b. Locale misrepresentation.
16 (a) A person shall not advertise or cause to be listed
17 in a telephone directory an assumed or fictitious business
18 name that intentionally misrepresents where the business is
19 actually located or operating or falsely states that the
20 business is located or operating in the area covered by the
21 telephone directory. This subsection (a) does not apply to a
22 telephone service provider or to the publisher or distributor
23 of a telephone service directory, unless the conduct
24 prescribed in this subsection (a) is on behalf of that
25 telephone service provider or that publisher or distributor.
26 (b) This Section does not apply to any foreign person or
27 foreign entity that has gross annual revenues in excess of
28 $100,000,000.
29 (c) A foreign limited partnership that violates this
30 Section is guilty of a petty offense and must be fined not
31 less than $501 and not more than $1,000. A foreign limited
32 partnership is guilty of an additional offense for each
33 additional day in violation of this Section.
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