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Public Act 099-0620
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| SB2303 Enrolled | LRB099 14534 KTG 38654 b |
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Business Corporation Act of 1983 is amended |
by changing Sections 15.95 and 15.97 as follows:
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(805 ILCS 5/15.95) (from Ch. 32, par. 15.95)
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Sec. 15.95. Department of Business Services Special |
Operations Fund.
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(a) A
special fund in the State treasury 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 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
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for, but not limited to, expenditures for personal services, |
retirement,
social security, contractual services, equipment, |
electronic data
processing, and telecommunications.
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(b) On or before August 31 of each year, the balance in the |
Fund in excess of $600,000 shall be transferred to the General |
Revenue Fund. The balance in the Fund at the end of any fiscal |
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year shall not
exceed $600,000 and any amount in excess thereof |
shall be
transferred to
the General Revenue Fund.
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(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.
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(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 or, at
the Secretary of |
State's discretion, by electronic means, to the
Department's |
Springfield Office and includes requests for
certified copies,
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photocopies, and certificates of good standing or fact made to |
the
Department's Springfield Office in person or by telephone,
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or requests for
certificates of good standing or fact made in |
person or by telephone to the
Department's Chicago Office.
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(e) Fees for expedited services shall be as follows:
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Restatement of articles, $200;
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Merger, consolidation or exchange, $200;
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Articles of incorporation, $100;
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Articles of amendment, $100;
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Revocation of dissolution, $100;
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Reinstatement, $100;
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Application for authority, $100;
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Cumulative report of changes in issued shares or
paid-in |
capital, $100;
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Report following merger or consolidation, $100;
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Certificate of good standing or fact, $20;
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All other filings, copies of documents, annual reports
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filed on or after January 1, 1984, and copies of documents of |
dissolved or
revoked
corporations having a
file number over |
5199, $50.
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(f) Expedited services shall not be available for a |
statement of
correction, a petition for refund or adjustment, |
or a request involving
annual reports filed before January 1, |
1984 or involving dissolved corporations
with a
file number |
below 5200.
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(Source: P.A. 95-331, eff. 8-21-07.)
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(805 ILCS 5/15.97) (from Ch. 32, par. 15.97)
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Sec. 15.97. Corporate Franchise Tax Refund Fund.
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(a) Beginning July 1, 1993, a percentage of the amounts |
collected
under Sections 15.35, 15.45, 15.65, and 15.75 of this |
Act shall be
deposited into the Corporate Franchise Tax Refund |
Fund, a special Fund
hereby created in the State treasury. From |
July 1, 1993, until December 31,
1994, there shall be deposited |
into the Fund 3% of the amounts received
under those Sections. |
Beginning January 1, 1995, and for each fiscal year
beginning |
thereafter, 2% of the amounts collected under those Sections
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during the preceding fiscal year shall be deposited into the |
Fund.
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(b) Beginning July 1, 1993, moneys in the Fund shall be |
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expended
exclusively for the purpose of paying refunds payable |
because of overpayment
of franchise taxes, penalties, or |
interest under Sections 13.70, 15.35,
15.45, 15.65, 15.75, and |
16.05 of this
Act and making transfers authorized under this |
Section. Refunds in
accordance with the provisions of |
subsections (f) and (g) of Section 1.15
and Section 1.17 of |
this Act may be made from the Fund only to the extent that
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amounts collected under Sections 15.35, 15.45, 15.65, and 15.75 |
of this Act
have been deposited in the Fund and remain |
available. On or before August 31 of each year, the balance in |
the Fund in excess of $100,000 shall be transferred to the |
General Revenue Fund. Within a reasonable
time after the 30th |
day of June of each year, the Secretary of State shall
direct |
and the Comptroller shall order transferred to the General |
Revenue Fund
all amounts in excess of $100,000 remaining in the |
fund as of June 30.
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(c) This Act shall constitute an irrevocable and continuing
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appropriation from the Corporate Franchise Tax Refund Fund for |
the purpose
of paying refunds upon the order of the Secretary |
of State in accordance
with the provisions of this Section.
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(Source: P.A. 93-59, eff. 7-1-03.)
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Section 10. The Uniform Partnership Act (1997) is amended |
by changing Section 108 as follows:
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(805 ILCS 206/108)
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Sec. 108. Fees.
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(a) The Secretary of State shall charge and collect in |
accordance with
the provisions of this
Act and rules |
promulgated under its authority:
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(1) fees for filing documents;
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(2) miscellaneous charges; and
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(3) fees for the sale of lists of filings and for |
copies of any documents.
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(b) The Secretary of State shall charge and collect:
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(1) for furnishing a copy or certified copy of any |
document, instrument,
or paper relating
to a registered |
limited liability partnership, $25;
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(2) for the transfer of information by computer process |
media to any
purchaser, fees
established by rule;
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(3) for filing a statement of partnership authority, |
$25;
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(4) for filing a statement of denial, $25;
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(5) for filing a statement of dissociation, $25;
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(6) for filing a statement of dissolution, $100;
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(7) for filing a statement of merger, $100;
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(8) for filing a statement of qualification for a |
limited liability
partnership organized under the
laws of |
this State, $100 for each partner, but in no event shall |
the fee be
less than $200 or
exceed $5,000;
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(9) for filing a statement of foreign qualification, |
$500;
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(10) for filing a renewal statement for a limited |
liability partnership
organized under the laws of
this |
State, $100 for each partner, but in no event shall the fee |
be
less than $200 or
exceed $5,000;
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(11) for filing a renewal statement for a foreign |
limited liability
partnership, $300;
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(12) for filing an amendment or cancellation of a |
statement, $25;
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(13) for filing a statement of withdrawal, $100;
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(14) for the purposes of changing the registered agent |
name or registered
office, or both,
$25;
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(15) for filing an application for reinstatement, |
$200; |
(16) for filing any other document, $25. |
(c) All fees collected pursuant to this Act shall be |
deposited into the
Division of
Corporations Limited Liability |
Partnership Fund.
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(d) There is hereby continued in the State treasury a |
special fund to be
known as the Division
of Corporations |
Limited Liability Partnership Fund. Moneys deposited into the
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Fund shall,
subject to appropriation, be used by the Business |
Services Division of the
Office of the
Secretary of State to |
administer the responsibilities of the Secretary of
State under |
this Act.
On or before August 31 of each year, the balance in |
the Fund in excess of $200,000 shall be transferred to the |
General Revenue Fund. The balance of the Fund at the end of any |