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91_SB0564enr
SB564 Enrolled LRB9103878DJcd
1 AN ACT concerning business organizations, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Finance Act is amended by changing
6 Section 5.313 as follows:
7 (30 ILCS 105/5.313) (from Ch. 127, par. 141.313)
8 Sec. 5.313. Department of Business Services Division of
9 Corporations Special Operations Fund.
10 (Source: P.A. 87-512; 87-895.)
11 Section 10. The Business Corporation Act of 1983 is
12 amended by changing Section 15.95 as follows:
13 (805 ILCS 5/15.95) (from Ch. 32, par. 15.95)
14 Sec. 15.95. Division of Corporations Special Operations
15 Fund.
16 (a) There is hereby created in the State Treasury A
17 special fund in the State treasury to be known as the
18 Division of Corporations Special Operations Fund is renamed
19 the Department of Business Services Special Operations Fund.
20 Moneys deposited into the Fund shall, subject to
21 appropriation, be used by the Department of Business Services
22 Corporation Division of the Office of the Secretary of
23 State, hereinafter "Department" "Division", to create and
24 maintain the capability to perform expedited services in
25 response to special requests made by the public for same day
26 or 24 hour service. Moneys deposited into the Fund shall be
27 used for, but not limited to, expenditures for personal
28 services, retirement, social security, contractual services,
29 equipment, electronic data processing, and
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1 telecommunications.
2 (b) The balance in the Fund at the end of any fiscal
3 year shall not exceed $400,000 $200,000 and any amount in
4 excess thereof shall be transferred to the General Revenue
5 Fund.
6 (c) All fees payable to the Secretary of State under
7 this Section shall be deposited into the Fund. No other fees
8 or taxes collected under this Act shall be deposited into the
9 Fund.
10 (d) "Expedited services" means services rendered within
11 the same day, or within 24 hours from the time, the request
12 therefor is submitted by the filer, law firm, service
13 company, or messenger physically in person to the
14 Department's Division's Springfield Office and includes
15 requests for certified copies, photocopies, and certificates
16 of good standing or fact made to the Department's Division's
17 Springfield Office in person or by telephone, or requests for
18 certificates of good standing or fact made in person or by
19 telephone to the Department's Division's Chicago Office.
20 (e) Fees for expedited services shall be as follows:
21 Restatement of articles, $100;
22 Merger, consolidation or exchange, $100;
23 Articles of incorporation, $50;
24 Articles of amendment, $50;
25 Revocation of dissolution, $50;
26 Reinstatement, $50;
27 Certificate of authority, $50;
28 Cumulative report of changes in issued issuance of shares
29 or paid-in capital, $50;
30 Report following merger or consolidation, $50;
31 Certificate of good standing or fact, $10;
32 All other filings, copies of documents, annual reports
33 for the 3 preceding years, and copies of documents of
34 dissolved or revoked corporations having a file number over
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1 5199, $25.
2 (f) Expedited services shall not be available for a
3 statement of correction, a petition for refund or adjustment,
4 or a request involving more than 3 year's annual reports or
5 involving dissolved corporations with a file number below
6 5200.
7 (Source: P.A. 87-512; 88-151; 88-597, eff. 8-28-94.)
8 Section 15. The General Not For Profit Corporation Act
9 of 1986 is amended by changing Section 115.20 as follows:
10 (805 ILCS 105/115.20) (from Ch. 32, par. 115.20)
11 Sec. 115.20. Expedited service fees.
12 (a) The Secretary of State may charge and collect a fee
13 for expedited services as follows:
14 Certificates of good standing or fact, $10;
15 All filings, copies of documents, annual reports for up
16 to 3 years, and copies of documents of dissolved corporations
17 having a file number over 5199, $25.
18 (b) Expedited services shall not be available for a
19 statement of correction, a petition for refund or adjustment,
20 or any request for copies involving more than 3 year's annual
21 reports or involving dissolved corporations with a file
22 number below 5200.
23 (c) All moneys collected under this Section shall be
24 deposited into the Department of Business Services Division
25 of Corporations Special Operations Fund. No other fees or
26 taxes collected under this Act shall be deposited into that
27 Fund.
28 (d) As used in this Section, "expedited services" has
29 the meaning ascribed thereto in Section 15.95 of the Business
30 Corporation Act of 1983.
31 (Source: P.A. 87-512; 88-597, eff. 8-28-94.)
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1 Section 20. The Limited Liability Company Act is amended
2 by adding Section 50-50 as follows:
3 (805 ILCS 180/50-50 new)
4 Sec. 50-50. Department of Business Services Special
5 Operations Fund.
6 (a) A special fund in the State treasury is created and
7 shall be known as the Department of Business Services Special
8 Operations Fund. Moneys deposited into the Fund shall,
9 subject to appropriation, be used by the Department of
10 Business Services of the Office of the Secretary of State,
11 hereinafter "Department", to create and maintain the
12 capability to perform expedited services in response to
13 special requests made by the public for same-day or 24-hour
14 service. Moneys deposited into the Fund shall be used for,
15 but not limited to, expenditures for personal services,
16 retirement, Social Security, contractual services, equipment,
17 electronic data processing, and telecommunications.
18 (b) The balance in the Fund at the end of any fiscal year
19 shall not exceed $400,000, and any amount in excess thereof
20 shall be transferred to the General Revenue Fund.
21 (c) All fees payable to the Secretary of State under this
22 Section shall be deposited into the Fund. No other fees or
23 taxes collected under this Act shall be deposited into the
24 Fund.
25 (d) "Expedited services" means services rendered within
26 the same day, or within 24 hours from the time, the request
27 therefor is submitted by the filer, law firm, service
28 company, or messenger physically in person to the
29 Department's Springfield Office and includes requests for
30 certified copies, photocopies, and certificates of good
31 standing made to the Department's Springfield Office in
32 person or by telephone, or requests for certificates of good
33 standing made in person or by telephone to the Department's
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1 Chicago Office.
2 (e) Fees for expedited services shall be as follows:
3 Restated articles of organization, $100;
4 Merger or conversion, $100;
5 Articles of organization, $50;
6 Articles of amendment, $50;
7 Reinstatement, $50;
8 Application for admission to transact business, $50;
9 Certificate of good standing or abstract of computer
10 record, $10;
11 All other filings, copies of documents, annual reports,
12 and copies of documents of dissolved or revoked limited
13 liability companies, $25.
14 Section 25. The Revised Uniform Limited Partnership Act
15 is amended by changing Section 1108 and adding Section 1111
16 as follows:
17 (805 ILCS 210/1108) (from Ch. 106 1/2, par. 161-8)
18 Sec. 1108. Renewal Reports. (a) Each certificate of
19 limited partnership, certificate to be governed by this Act,
20 and application for admission to transact business filed
21 under this Act shall be renewed in the manner set forth in
22 this Section. Each limited partnership or foreign limited
23 partnership admitted to transact business in this State shall
24 file, within the time prescribed by this Act, a renewal
25 report setting forth:
26 (1) the name of the limited partnership or foreign
27 limited partnership;
28 (2) the limited partnership or foreign limited
29 partnership's file number;
30 (3) the limited partnership or foreign limited
31 partnership's federal employer identification number;
32 (4) if a foreign limited partnership, the jurisdiction
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1 and date of its formation, and a statement that it is
2 validly existing as a limited partnership under the laws of
3 that jurisdiction as of the date of filing the report;
4 (5) the name and address of the registered agent and
5 registered office that the limited partnership or foreign
6 limited partnership has appointed or does appoint;
7 (6) the address of the office at which the records
8 required by Section 104, regarding a domestic limited
9 partnership, or Section 902, regarding a foreign limited
10 partnership, are kept; and
11 (7) a statement that the limited partnership or foreign
12 limited partnership is still existing in this State.
13 (b) Such renewal report shall be made on forms
14 prescribed and furnished by the Secretary of State, and the
15 information therein required shall be given as of the date of
16 its filing. The report shall be executed by the limited
17 partnership or foreign limited partnership by a general
18 partner.
19 (c) Such renewal report, together with all fees as
20 prescribed by this Act, shall be delivered to the Secretary
21 of State before the first day of the anniversary month of the
22 limited partnership or foreign limited partnership every 2
23 years following the initial filing with the Secretary of
24 State. Proof to the satisfaction of the Secretary of State
25 that, before the first day of the anniversary month of the
26 limited partnership, the report, together with all fees as
27 prescribed by this Act, was deposited in the United States
28 mail in a sealed envelope, properly addressed, with postage
29 prepaid, shall be deemed a compliance with this requirement.
30 (d) Such renewal report, together with all fees as
31 prescribed by this Act shall be deemed to be received by the
32 Secretary of State upon the date of actual receipt thereof by
33 the Secretary of State. If the Secretary of State finds that
34 such report conforms to the requirements of this Act, he or
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1 she shall file the same. If he or she finds that it does not
2 so conform, he or she shall promptly return the same to the
3 limited partnership or foreign limited partnership for any
4 necessary corrections, in which event the penalty prescribed
5 for failure to file such report within the time hereinabove
6 provided shall not apply if such report is corrected to
7 conform to the requirements of this Act and returned to the
8 Secretary of State within 30 days of the date the report was
9 returned for correction.
10 (Source: P.A. 85-403.)
11 (805 ILCS 210/1111 new)
12 Sec. 1111. Department of Business Services Special
13 Operations Fund.
14 (a) A special fund in the State Treasury is created and
15 shall be known as the Department of Business Services Special
16 Operations Fund. Moneys deposited into the Fund shall,
17 subject to appropriation, be used by the Department of
18 Business Services of the Office of the Secretary of State,
19 hereinafter "Department", to create and maintain the
20 capability to perform expedited services in response to
21 special requests made by the public for same day or 24 hour
22 service. Moneys deposited into the Fund shall be used for,
23 but not limited to, expenditures for personal services,
24 retirement, social security contractual services, equipment,
25 electronic data processing, and telecommunications.
26 (b) The balance in the Fund at the end of any fiscal year
27 shall not exceed $400,000 and any amount in excess thereof
28 shall be transferred to the General Revenue Fund.
29 (c) All fees payable to the Secretary of State under this
30 Section shall be deposited into the Fund. No other fees or
31 taxes collected under this Act shall be deposited into the
32 Fund.
33 (d) "Expedited services" means services rendered within
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1 the same day, or within 24 hours from the time, the request
2 therefor is submitted by the filer, law firm, service
3 company, or messenger physically in person to the
4 Department's Springfield Office or Chicago Office and
5 includes requests for certified copies, photocopies, and
6 certificates of existence or abstracts of computer record
7 made to the Department's Springfield Office in person or by
8 telephone, or requests for certificates of existence or
9 abstracts of computer record made in person or by telephone
10 to the Department's Chicago Office.
11 (e) Fees for expedited services shall be as follows:
12 Merger or conversion, $100;
13 Certificate of limited partnership, $50;
14 Certificate of amendment, $50;
15 Reinstatement, $50;
16 Application for admission to transact business, $50;
17 Certificate of cancellation of admission, $50;
18 Certificate of existence or abstract of computer record,
19 $10.
20 All other filings, copies of documents, biennial renewal
21 reports, and copies of documents of canceled limited
22 partnerships, $25.
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