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1 | | AN ACT concerning business.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Public policy. The practice of electronic filing |
5 | | of documents with the Secretary of State's Office is salutary |
6 | | and should be encouraged. Electronic filing reduces errors, |
7 | | saves paper, and saves money. As such, the people of Illinois |
8 | | and their nonprofits and businesses should not be charged extra |
9 | | fees to electronically file over and above what they would be |
10 | | charged if they file in person at the Secretary of State's |
11 | | Office. During this transition period where the Secretary of |
12 | | State's Office moves more of its customers to electronic filing |
13 | | with no extra fee, sufficient funds to operate the Office |
14 | | should also be ensured. |
15 | | Section 5. The Secretary of State Act is amended by adding |
16 | | Section 18 as follows: |
17 | | (15 ILCS 305/18 new) |
18 | | Sec. 18. Electronic Filing Supplemental Deposits into |
19 | | Department of Business Services Special Operations Fund. When a |
20 | | submission to the Secretary of State is made electronically, |
21 | | but does not include a request for expedited services, pursuant |
22 | | to the provisions of this amendatory Act of the 100th General |
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1 | | Assembly up to $25 for each such transaction under the General |
2 | | Not For Profit Corporation Act of 1986 and up to $50 from each |
3 | | such transaction under the Business Corporation Act of 1983, |
4 | | the Limited Liability Company Act, or the Uniform Limited |
5 | | Partnership Act (2001) shall be deposited into the Department |
6 | | of Business Services Special Operations Fund, and the remainder |
7 | | of any fee deposited into the General Revenue Fund. However, in |
8 | | no circumstance may the supplemental deposits provided by this |
9 | | Section cause the total deposits into the Special Operations |
10 | | Fund in any fiscal year from electronic submissions under the |
11 | | Business Corporation Act of 1983, the General Not For Profit |
12 | | Corporation Act of 1986, the Limited Liability Company Act, the |
13 | | Uniform Partnership Act (1997), and the Uniform Limited |
14 | | Partnership Act (2001), whether or not for expedited services, |
15 | | to exceed $11,326,225. The Secretary of State has the authority |
16 | | to adopt rules necessary to implement this Section, in |
17 | | accordance with the Illinois Administrative Procedure Act. |
18 | | This Section does not apply on or after July 1, 2021. |
19 | | Section 10. The Business Corporation Act of 1983 is amended |
20 | | by changing Section 15.95 as follows:
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21 | | (805 ILCS 5/15.95) (from Ch. 32, par. 15.95)
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22 | | Sec. 15.95. Department of Business Services Special |
23 | | Operations Fund.
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24 | | (a) A
special fund in the State treasury known as the |
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1 | | Division of
Corporations Special Operations
Fund is renamed the |
2 | | Department of Business Services Special Operations
Fund. |
3 | | Moneys deposited into the Fund shall, subject to appropriation, |
4 | | be
used by the Department of Business Services of the
Office of |
5 | | the Secretary of State,
hereinafter "Department", to create and |
6 | | maintain the
capability
to perform
expedited services in |
7 | | response to special requests made by the public for
same day or |
8 | | 24 hour service. Moneys deposited into the Fund shall be used
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9 | | for, but not limited to, expenditures for personal services, |
10 | | retirement,
social security, contractual services, equipment, |
11 | | electronic data
processing, and telecommunications.
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12 | | (b) On or before August 31 of each year, the balance in the |
13 | | Fund in excess of $600,000 shall be transferred to the General |
14 | | Revenue Fund.
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15 | | (c) All fees payable to the Secretary of State under this |
16 | | Section
shall be deposited into the Fund. No other fees or |
17 | | taxes collected under
this Act shall be deposited into the |
18 | | Fund.
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19 | | (d) "Expedited services" means services rendered within |
20 | | the same day,
or within 24 hours from the time, the request |
21 | | therefor is submitted by the
filer, law firm, service company, |
22 | | or messenger physically in person or, at
the Secretary of |
23 | | State's discretion, by electronic means, to the
Department's |
24 | | Springfield Office and includes requests for
certified copies,
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25 | | photocopies, and certificates of good standing or fact made to |
26 | | the
Department's Springfield Office in person or by telephone,
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1 | | or requests for
certificates of good standing or fact made in |
2 | | person or by telephone to the
Department's Chicago Office. A |
3 | | request submitted by electronic means may not be considered a |
4 | | request for expedited services solely because of its submission |
5 | | by electronic means, unless expedited service is requested by |
6 | | the filer.
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7 | | (e) Fees for expedited services shall be as follows:
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8 | | Restatement of articles, $200;
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9 | | Merger, consolidation or exchange, $200;
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10 | | Articles of incorporation, $100;
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11 | | Articles of amendment, $100;
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12 | | Revocation of dissolution, $100;
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13 | | Reinstatement, $100;
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14 | | Application for authority, $100;
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15 | | Cumulative report of changes in issued shares or
paid-in |
16 | | capital, $100;
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17 | | Report following merger or consolidation, $100;
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18 | | Certificate of good standing or fact, $20;
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19 | | All other filings, copies of documents, annual reports
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20 | | filed on or after January 1, 1984, and copies of documents of |
21 | | dissolved or
revoked
corporations having a
file number over |
22 | | 5199, $50.
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23 | | (f) Expedited services shall not be available for a |
24 | | statement of
correction, a petition for refund or adjustment, |
25 | | or a request involving
annual reports filed before January 1, |
26 | | 1984 or involving dissolved corporations
with a
file number |
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1 | | below 5200.
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2 | | (Source: P.A. 99-620, eff. 1-1-17 .)
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3 | | Section 15. The Limited Liability Company Act is amended by |
4 | | changing Section 50-50 as follows:
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5 | | (805 ILCS 180/50-50)
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6 | | Sec. 50-50. Department of Business Services Special |
7 | | Operations Fund.
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8 | | (a) A special fund in the State treasury is created and |
9 | | shall be known as
the
Department of Business Services Special |
10 | | Operations Fund. Moneys deposited into
the Fund
shall, subject |
11 | | to appropriation, be used by the Department of Business |
12 | | Services
of the Office
of the Secretary of State, hereinafter |
13 | | "Department", to create and maintain the
capability to
perform |
14 | | expedited services in response to special requests made by the |
15 | | public
for same-day
or 24-hour service. Moneys deposited into |
16 | | the Fund shall be used for, but not
limited to,
expenditures |
17 | | for personal services, retirement, Social Security, |
18 | | contractual
services,
equipment, electronic data processing, |
19 | | and telecommunications.
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20 | | (b) The balance in the Fund at the end of any fiscal year |
21 | | shall not exceed
$600,000,
and any amount in excess thereof |
22 | | shall be transferred to the General Revenue
Fund.
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23 | | (c) All fees payable to the Secretary of State under this |
24 | | Section shall be
deposited
into the Fund. No other fees or |
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1 | | charges collected under this Act
shall be
deposited into the
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2 | | Fund.
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3 | | (d) "Expedited services" means services rendered within |
4 | | the same day, or
within 24
hours from the time, the request |
5 | | therefor is submitted by the filer, law firm,
service company,
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6 | | or messenger physically in person or, at the Secretary of |
7 | | State's discretion,
by electronic means, to the Department's |
8 | | Springfield Office and
includes
requests for certified copies, |
9 | | photocopies, and certificates of good standing
made to the
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10 | | Department's Springfield Office in person or by telephone, or |
11 | | requests for
certificates of
good standing made in person or by |
12 | | telephone to the Department's Chicago
Office. A request |
13 | | submitted by electronic means may not be considered a request |
14 | | for expedited services solely because of its submission by |
15 | | electronic means, unless expedited service is requested by the |
16 | | filer.
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17 | | (e) Fees for expedited services shall be as follows:
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18 | | Restated articles of organization, $200;
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19 | | Merger or conversion, $200;
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20 | | Articles of organization, $100;
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21 | | Articles of amendment, $100;
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22 | | Reinstatement, $100;
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23 | | Application for admission to transact business, $100;
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24 | | Certificate of good standing or abstract of computer |
25 | | record, $20;
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26 | | All other filings, copies of documents, annual reports, and |
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1 | | copies of
documents of
dissolved or revoked limited liability |
2 | | companies, $50.
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3 | | (Source: P.A. 92-33, eff. 7-1-01; 93-32, eff. 9-1-03.)
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4 | | Section 20. The Uniform Partnership Act (1997) is amended |
5 | | by changing Section 108 as follows:
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6 | | (805 ILCS 206/108)
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7 | | Sec. 108. Fees.
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8 | | (a) The Secretary of State shall charge and collect in |
9 | | accordance with
the provisions of this
Act and rules |
10 | | promulgated under its authority:
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11 | | (1) fees for filing documents;
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12 | | (2) miscellaneous charges; and
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13 | | (3) fees for the sale of lists of filings and for |
14 | | copies of any documents.
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15 | | (b) The Secretary of State shall charge and collect:
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16 | | (1) for furnishing a copy or certified copy of any |
17 | | document, instrument,
or paper relating
to a registered |
18 | | limited liability partnership, $25;
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19 | | (2) for the transfer of information by computer process |
20 | | media to any
purchaser, fees
established by rule;
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21 | | (3) for filing a statement of partnership authority, |
22 | | $25;
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23 | | (4) for filing a statement of denial, $25;
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24 | | (5) for filing a statement of dissociation, $25;
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1 | | (6) for filing a statement of dissolution, $100;
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2 | | (7) for filing a statement of merger, $100;
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3 | | (8) for filing a statement of qualification for a |
4 | | limited liability
partnership organized under the
laws of |
5 | | this State, $100 for each partner, but in no event shall |
6 | | the fee be
less than $200 or
exceed $5,000;
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7 | | (9) for filing a statement of foreign qualification, |
8 | | $500;
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9 | | (10) for filing a renewal statement for a limited |
10 | | liability partnership
organized under the laws of
this |
11 | | State, $100 for each partner, but in no event shall the fee |
12 | | be
less than $200 or
exceed $5,000;
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13 | | (11) for filing a renewal statement for a foreign |
14 | | limited liability
partnership, $300;
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15 | | (12) for filing an amendment or cancellation of a |
16 | | statement, $25;
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17 | | (13) for filing a statement of withdrawal, $100;
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18 | | (14) for the purposes of changing the registered agent |
19 | | name or registered
office, or both,
$25;
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20 | | (15) for filing an application for reinstatement, |
21 | | $200; |
22 | | (16) for filing any other document, $25. |
23 | | (c) All fees collected pursuant to this Act shall be |
24 | | deposited into the
Division of
Corporations Registered Limited |
25 | | Liability Partnership Fund.
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26 | | (d) There is hereby continued in the State treasury a |
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1 | | special fund to be
known as the Division
of Corporations |
2 | | Registered Limited Liability Partnership Fund. Moneys |
3 | | deposited into the
Fund shall,
subject to appropriation, be |
4 | | used by the Business Services Division of the
Office of the
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5 | | Secretary of State to administer the responsibilities of the |
6 | | Secretary of
State under this Act.
On or before August 31 of |
7 | | each year, the balance in the Fund in excess of $200,000 shall |
8 | | be transferred to the General Revenue Fund.
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9 | | (e) Filings, including annual reports, made by electronic |
10 | | means shall be treated as if submitted in person and may not be |
11 | | charged excess fees as expedited services solely because of |
12 | | submission by electronic means. |
13 | | (Source: P.A. 99-620, eff. 1-1-17; 99-933, eff. 1-27-17; |
14 | | revised 2-2-17.)
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15 | | Section 25. The
Uniform Limited Partnership Act (2001) is |
16 | | amended by changing Section 1308 as follows: |
17 | | (805 ILCS 215/1308)
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18 | | Sec. 1308. Department of Business Services Special |
19 | | Operations Fund. |
20 | | (a) A special fund in the State Treasury is created and |
21 | | shall be known as the Department of Business Services Special |
22 | | Operations Fund. Moneys deposited into the Fund shall, subject |
23 | | to appropriation, be used by the Department of Business |
24 | | Services of the Office of the Secretary of State, hereinafter |
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1 | | "Department", to create and maintain the capability to perform |
2 | | expedited services in response to special requests made by the |
3 | | public for same day or 24 hour service. Moneys deposited into |
4 | | the Fund shall be used for, but not limited to, expenditures |
5 | | for personal services, retirement, Social Security, |
6 | | contractual services, equipment, electronic data processing, |
7 | | and telecommunications. |
8 | | (b) The balance in the Fund at the end of any fiscal year |
9 | | shall not exceed $600,000 and any amount in excess thereof |
10 | | shall be transferred to the General Revenue Fund. |
11 | | (c) All fees payable to the Secretary of State under this |
12 | | Section shall be deposited into the Fund. No other fees or |
13 | | charges collected under this Act shall be deposited into the |
14 | | Fund. |
15 | | (d) "Expedited services" means services rendered within |
16 | | the same day, or within 24 hours from the time the request |
17 | | therefor is submitted by the filer, law firm, service company, |
18 | | or messenger physically in person or, at the Secretary of |
19 | | State's discretion, by electronic means, to the Department's |
20 | | Springfield Office or Chicago Office and includes requests for |
21 | | certified copies, photocopies, and certificates of existence |
22 | | or abstracts of computer record made to the Department's |
23 | | Springfield Office in person or by telephone, or requests for |
24 | | certificates of existence or abstracts of computer record made |
25 | | in person or by telephone to the Department's Chicago Office. A |
26 | | request submitted by electronic means may not be considered a |
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1 | | request for expedited services solely because of its submission |
2 | | by electronic means, unless expedited service is requested by |
3 | | the filer. |
4 | | (e) Fees for expedited services shall be as follows: |
5 | | Merger or conversion, $200; |
6 | | Certificate of limited partnership, $100; |
7 | | Certificate of amendment, $100; |
8 | | Reinstatement, $100; |
9 | | Application for admission to transact business, $100; |
10 | | Certificate of existence or abstract of computer |
11 | | record, $20; |
12 | | All other filings, copies of documents, annual renewal |
13 | | reports, and copies of documents of canceled limited |
14 | | partnerships, $50.
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15 | | (Source: P.A. 97-839, eff. 7-20-12; 98-463, eff. 8-16-13.)
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16 | | Section 99. Effective date. This Act takes effect July 1, |
17 | | 2018. |