HB2800 101ST GENERAL ASSEMBLY

LRB101 09285 JLS 54379 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2800

Introduced , by Rep. Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:

805 ILCS 105/114.05	from Ch. 32, par. 114.05
805 ILCS 105/115.20	from Ch. 32, par. 115.20
805 ILCS 180/50-50
805 ILCS 206/1209

Amends the General Not For Profit Corporation Act of 1986. Provides that a domestic or foreign corporation shall, in its annual report, supply the rural route number, if applicable, for the address of its principal office. Provides that the Secretary of State may not consider a request submitted by electronic means a request for expedited services solely because of its submission by electronic means, unless expedited service is requested by the filer. Provides that the Secretary may not provide expedited services for the online electronic filing of annual reports or requests for certificates of good standing or certificates of existence under the General Not For Profit Corporation Act of 1986, the Limited Liability Company Act, and the Uniform Partnership Act (1997). Effective July 1, 2019.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The General Not For Profit Corporation Act of 1986 is amended by changing Sections 114.05 and 115.20 as follows:

(805 ILCS 105/114.05) (from Ch. 32, par. 114.05)

Sec. 114.05. Annual report of domestic or foreign corporation. Each domestic corporation organized under this Act, and each foreign corporation authorized to conduct affairs in this State, shall file, within the time prescribed by this Act, an annual report setting forth:

(a) The name of the corporation.

(b) The address, including street and number, or rural route number, of its registered office in this State, and the name of its registered agent at such address.

(c) The address, including street and number, or rural route number if any, of its principal office.

(d) The names and respective addresses, including street and number, or rural route number, of its directors and officers.

(e) A brief statement of the character of the affairs which the corporation is actually conducting from among the purposes authorized in Section 103.05 of this Act.

(f) Whether the corporation is a Condominium Association as established under the Condominium Property Act, a Cooperative Housing Corporation defined in Section 216 of the Internal Revenue Code of 1954 or a Homeowner Association which administers a common-interest community as defined in subsection (c) of Section 9-102 of the Code of Civil Procedure.

(g) Such additional information as may be necessary or appropriate in order to enable the Secretary of State to administer this Act and to verify the proper amount of fees payable by the corporation.

Such annual report shall be made on forms prescribed and furnished by the Secretary of State, and the information therein required by subsections (a) to (d), both inclusive, of this Section, shall be given as of the date of the execution of the annual report. It shall be executed by the corporation by any authorized officer and verified by him or her, or, if the corporation is in the hands of a receiver or trustee, it shall be executed on behalf of the corporation and verified by such receiver or trustee.

(Source: P.A. 93-59, eff. 7-1-03; 94-605, eff. 1-1-06.)

(805 ILCS 105/115.20) (from Ch. 32, par. 115.20)

Sec. 115.20. Expedited service fees.

(a) The Secretary of State may charge and collect a fee for expedited services as follows:

Certificates of good standing or fact, $10;

All filings, copies of documents, annual reports filed on or after January 1, 1984, and copies of documents of dissolved corporations having a file number over 5199, $25.

The Secretary may not consider a request submitted by electronic means a request for expedited services solely because of its submission by electronic means, unless expedited service is requested by the filer.

(b) Expedited services shall not be available for a statement of correction or any request for copies involving annual reports filed before January 1, 1984 or involving dissolved corporations with a file number below 5200.

(c) All moneys collected under this Section shall be deposited into the Department of Business Services Special Operations Fund. No other fees or taxes collected under this Act shall be deposited into that Fund.

(d) As used in this Section, "expedited services" has the meaning ascribed thereto in Section 15.95 of the Business Corporation Act of 1983.

(e) The Secretary may not provide expedited services for the online electronic filing of annual reports or requests for certificates of good standing.

(Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)

Section 10. The Limited Liability Company Act is amended by changing Section 50-50 as follows:

(805 ILCS 180/50-50)

Sec. 50-50. Department of Business Services Special Operations Fund.

(a) A special fund in the State treasury is created and shall be known as 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 for, but not limited to, expenditures for personal services, retirement, Social Security, contractual services, equipment, electronic data processing, and telecommunications.

(b) The balance in the Fund at the end of any fiscal year shall not exceed $600,000, and any amount in excess thereof shall be transferred to the General Revenue Fund.

(c) All fees payable to the Secretary of State under this Section shall be deposited into the Fund. No other fees or charges collected under this Act shall be deposited into the Fund.

(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, but is not limited to, requests for certified copies, photocopies, and computer abstracts certificates of good standing made in person to the Department's Springfield Office in person or by telephone, or requests for certificates of good standing made in person or by telephone to the Department's Chicago Office. A request submitted by electronic means may not be considered a request for expedited services solely because of its submission by electronic means, unless expedited service is requested by the filer.

(e) Fees for expedited services shall be as follows:

Restated articles of organization, $200;

Merger, $200;

Articles of organization, $100;

Articles of amendment, $100;

Reinstatement, $100;

Application for admission to transact business, $100;

Computer Certificate of good standing or abstract of computer record, $20;

All other filings, copies of documents, annual reports, and copies of documents of dissolved or revoked limited liability companies, $50.

(f) The Secretary may not provide expedited services for the online electronic filing of annual reports or requests for certificates of good standing.

(Source: P.A. 100-186, eff. 7-1-18; 100-561, eff. 7-1-18; revised 9-13-18.)

Section 15. The Uniform Partnership Act (1997) is amended by changing Section 1209 as follows:

(805 ILCS 206/1209)

Sec. 1209. Expedited services; fees.

(a) As used in this Section:

"Department" means the Department of Business Services of the Office of the Secretary of State.

"Expedited services" means services rendered within the same day or within 24 hours after 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 or Chicago office and includes requests for certified copies, photocopies, and certificates of existence or abstracts of computer record made to the Department's Springfield office in person, by mail, or by fax or requests for certificates of existence or abstracts of computer record made in person to the Department's Chicago office.

(b) The Secretary of State shall charge and collect the following fees for expedited services:

(1) Statement of Qualification or Foreign Qualification, $100.

(2) Application for Reinstatement, $100.

(3) Statement of Merger, $200.

(4) Computer Certificate of existence or computer abstract, $20.

(5) All other filings and copies of documents, $50.

(c) All fees collected by and payable to the Secretary of State under this Section shall be deposited into the Division of Corporations Registered Limited Liability Partnership Fund to the credit of an account within the Fund. Subject to appropriation, moneys in the account shall be used by the 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 and shall also be used for purposes including, but not limited to, expenditures for personal services, retirement, Social Security, contractual services, equipment, electronic data processing, and telecommunications. No other fees or charges collected under this Act shall be credited to the account established under this subsection (c)

(d) The Secretary may not provide expedited services for the online electronic filing of annual reports or requests for certificates of existence.

(Source: P.A. 100-486, eff. 1-1-18.)

Section 99. Effective date. This Act takes effect July 1, 2019.