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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5484 Introduced 1/31/2022, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
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735 ILCS 5/2-204 | from Ch. 110, par. 2-204 |
805 ILCS 5/5.25 | from Ch. 32, par. 5.25 |
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Amends the Code of Civil Procedure and the Business Corporation Act of 1983. Provides that a private corporation may be served by electronic service as determined by rule.
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| | A BILL FOR |
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| | HB5484 | | LRB102 25399 SPS 34683 b |
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| 1 | | AN ACT concerning civil law.
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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 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 2-204 as follows:
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| 6 | | (735 ILCS 5/2-204) (from Ch. 110, par. 2-204)
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| 7 | | Sec. 2-204. Service on private corporations. A private |
| 8 | | corporation may be served (1) by leaving a copy of the
process |
| 9 | | with its registered agent or any officer or agent of the
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| 10 | | corporation found anywhere in the State; (2) by electronic |
| 11 | | service as determined by rule; or (3) (2) in any other manner |
| 12 | | now
or hereafter permitted by law. A private corporation may |
| 13 | | also be
notified by publication and mail in like manner and |
| 14 | | with like effect as
individuals.
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| 15 | | (Source: P.A. 83-707.)
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| 16 | | Section 10. The Business Corporation Act of 1983 is |
| 17 | | amended by changing Section 5.25 as follows:
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| 18 | | (805 ILCS 5/5.25) (from Ch. 32, par. 5.25)
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| 19 | | Sec. 5.25. Service of process on domestic or foreign |
| 20 | | corporation.
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| 21 | | (a) Any process, notice, or demand required or permitted |
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| | HB5484 | - 2 - | LRB102 25399 SPS 34683 b |
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| 1 | | by law to be served
upon a domestic corporation or a foreign |
| 2 | | corporation having authority to
transact business in this |
| 3 | | State may be served either upon
the registered agent appointed |
| 4 | | by the corporation or upon the Secretary
of State as provided |
| 5 | | in this Section.
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| 6 | | (a-5) Any process, notice, or demand required or permitted |
| 7 | | by law to be served
upon a domestic corporation or a foreign |
| 8 | | corporation having authority to
transact business in this |
| 9 | | State as provided under this Section may, by rule, be served |
| 10 | | electronically. |
| 11 | | (b) The Secretary of State shall be irrevocably appointed |
| 12 | | as an agent
of a domestic corporation or of a foreign |
| 13 | | corporation having authority upon
whom any process, notice or |
| 14 | | demand may be served:
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| 15 | | (1) Whenever the corporation shall fail to appoint or |
| 16 | | maintain a
registered
agent in this State, or
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| 17 | | (2) Whenever the corporation's registered agent cannot |
| 18 | | with reasonable
diligence be found at the registered |
| 19 | | office in this State, or
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| 20 | | (3) When a domestic corporation has been dissolved, |
| 21 | | the conditions of
paragraph (1) or paragraph (2) exist, |
| 22 | | and a civil action, suit or
proceeding is instituted |
| 23 | | against or affecting the corporation within the
five years |
| 24 | | after the issuance of a certificate of dissolution or the |
| 25 | | filing
of a judgment of dissolution, or
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| 26 | | (4) When a domestic corporation has been dissolved, |
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| | HB5484 | - 3 - | LRB102 25399 SPS 34683 b |
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| 1 | | the conditions of
paragraph (1) or paragraph (2) exist, |
| 2 | | and a criminal proceeding has been
instituted against or |
| 3 | | affecting the corporation, or
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| 4 | | (5) When the authority of a foreign
corporation to |
| 5 | | transact business in this State has been revoked or |
| 6 | | withdrawn.
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| 7 | | (c) Service under subsection (b) shall be made by:
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| 8 | | (1) Service on the Secretary of State, or on any clerk |
| 9 | | having charge of
the corporation division of his or her |
| 10 | | office, of a copy of
the process,
notice or demand, |
| 11 | | together with any papers required by law to be delivered
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| 12 | | in connection with service, and a fee as prescribed by |
| 13 | | subsection (b) of
Section 15.15 of this Act;
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| 14 | | (2) Transmittal by the person instituting the action, |
| 15 | | suit or proceeding
of notice of the service on the |
| 16 | | Secretary of State and a copy of the
process, notice or |
| 17 | | demand and accompanying papers to the corporation being
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| 18 | | served, by registered or certified mail:
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| 19 | | (i) At the last registered office of the |
| 20 | | corporation as shown by the
records on file in the |
| 21 | | office of the Secretary of State; and
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| 22 | | (ii) At such address the use of which the person |
| 23 | | instituting the action,
suit or proceeding knows or, |
| 24 | | on the basis of reasonable inquiry, has reason
to |
| 25 | | believe, is most likely to result in actual notice; |
| 26 | | and
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| | HB5484 | - 4 - | LRB102 25399 SPS 34683 b |
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| 1 | | (3) Appendage, by the person instituting the action, |
| 2 | | suit or proceeding,
of an affidavit of compliance with |
| 3 | | this Section, in substantially such form
as the Secretary |
| 4 | | of State may by rule or regulation prescribe, to the
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| 5 | | process, notice or demand.
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| 6 | | (d) Nothing herein contained shall limit or affect the |
| 7 | | right to serve
any process, notice, or demand required or |
| 8 | | permitted by law to be served
upon a corporation in any other |
| 9 | | manner now or hereafter permitted by law.
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| 10 | | (e) The Secretary of State shall keep a record of all |
| 11 | | processes, notices,
and demands served upon him or her under |
| 12 | | this Section, and shall record
therein the time of such |
| 13 | | service and his or her action with reference
thereto, but |
| 14 | | shall not be required to retain such information for a
period |
| 15 | | longer than five years from his or her receipt of the service.
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| 16 | | (Source: P.A. 98-171, eff. 8-5-13.)
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