98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3033

 

Introduced , by Rep. Katherine Cloonen

 

SYNOPSIS AS INTRODUCED:
 
805 ILCS 5/15.10  from Ch. 32, par. 15.10
805 ILCS 180/50-10
805 ILCS 206/108

    Amends the Business Corporation Act of 1983 and the Limited Liability Company Act. Provides for a reduction in initial filing fees and a reduction in annual fees for the first 2 years of the filer's existence. Amends the Uniform Partnership Act (1997) to reduce the fee for filing a statement of qualification for a limited liability partnership.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3033LRB098 10007 JLS 41075 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Business Corporation Act of 1983 is amended
5by changing Section 15.10 as follows:
 
6    (805 ILCS 5/15.10)  (from Ch. 32, par. 15.10)
7    Sec. 15.10. Fees for filing documents. The Secretary of
8State shall charge and collect for:
9    (a) Filing articles of incorporation, $100 $150.
10    (b) Filing articles of amendment, $50, unless the amendment
11is a restatement of the articles of incorporation, in which
12case the fee shall be $150.
13    (c) Filing articles of merger or consolidation, $100, but
14if the merger or consolidation involves more than 2
15corporations, $50 for each additional corporation.
16    (d) Filing articles of share exchange, $100.
17    (e) Filing articles of dissolution, $5.
18    (f) Filing application to reserve a corporate name, $25.
19    (g) Filing a notice of transfer of a reserved corporate
20name, $25.
21    (h) Filing statement of change of address of registered
22office or change of registered agent, or both, $25.
23    (i) Filing statement of the establishment of a series of

 

 

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1shares, $25.
2    (j) Filing an application of a foreign corporation for
3authority to transact business in this State, $150.
4    (k) Filing an application of a foreign corporation for
5amended authority to transact business in this State, $25.
6    (l) Filing a copy of amendment to the articles of
7incorporation of a foreign corporation holding authority to
8transact business in this State, $50, unless the amendment is a
9restatement of the articles of incorporation, in which case the
10fee shall be $150.
11    (m) Filing a copy of articles of merger of a foreign
12corporation holding a certificate of authority to transact
13business in this State, $100, but if the merger involves more
14than 2 corporations, $50 for each additional corporation.
15    (n) Filing an application for withdrawal and final report
16or a copy of articles of dissolution of a foreign corporation,
17$25.
18    (o) Filing an annual report, interim annual report, or
19final transition annual report of a domestic or foreign
20corporation, $50 for each of the first 2 annual reports and $75
21for each annual report thereafter.
22    (p) Filing an application for reinstatement of a domestic
23or a foreign corporation, $200.
24    (q) Filing an application for use of an assumed corporate
25name, $150 for each year or part thereof ending in 0 or 5, $120
26for each year or part thereof ending in 1 or 6, $90 for each

 

 

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1year or part thereof ending in 2 or 7, $60 for each year or part
2thereof ending in 3 or 8, $30 for each year or part thereof
3ending in 4 or 9, between the date of filing the application
4and the date of the renewal of the assumed corporate name; and
5a renewal fee for each assumed corporate name, $150.
6    (r) To change an assumed corporate name for the period
7remaining until the renewal date of the original assumed name,
8$25.
9    (s) Filing an application for cancellation of an assumed
10corporate name, $5.
11    (t) Filing an application to register the corporate name of
12a foreign corporation, $50; and an annual renewal fee for the
13registered name, $50.
14    (u) Filing an application for cancellation of a registered
15name of a foreign corporation, $25.
16    (v) Filing a statement of correction, $50.
17    (w) Filing a petition for refund or adjustment, $5.
18    (x) Filing a statement of election of an extended filing
19month, $25.
20    (y) Filing any other statement or report, $5.
21(Source: P.A. 95-331, eff. 8-21-07.)
 
22    Section 10. The Limited Liability Company Act is amended by
23changing Section 50-10 as follows:
 
24    (805 ILCS 180/50-10)

 

 

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1    Sec. 50-10. Fees.
2    (a) The Secretary of State shall charge and collect in
3accordance with the provisions of this Act and rules
4promulgated under its authority all of the following:
5        (1) Fees for filing documents.
6        (2) Miscellaneous charges.
7        (3) Fees for the sale of lists of filings and for
8    copies of any documents.
9    (b) The Secretary of State shall charge and collect for all
10of the following:
11        (1) Filing articles of organization (domestic),
12    application for admission (foreign), and restated articles
13    of organization (domestic), $250 $500. Notwithstanding the
14    foregoing, the fee for filing articles of organization
15    (domestic), application for admission (foreign), and
16    restated articles of organization (domestic) in connection
17    with a limited liability company with ability to establish
18    series pursuant to Section 37-40 of this Act is $750.
19        (2) Filing articles of amendment or an amended
20    application for admission, $150.
21        (3) Filing articles of dissolution or application for
22    withdrawal, $100.
23        (4) Filing an application to reserve a name, $300.
24        (5) Filing a notice of cancellation of a reserved name,
25    $100.
26        (6) Filing a notice of a transfer of a reserved name,

 

 

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1    $100.
2        (7) Registration of a name, $300.
3        (8) Renewal of registration of a name, $100.
4        (9) Filing an application for use of an assumed name
5    under Section 1-20 of this Act, $150 for each year or part
6    thereof ending in 0 or 5, $120 for each year or part
7    thereof ending in 1 or 6, $90 for each year or part thereof
8    ending in 2 or 7, $60 for each year or part thereof ending
9    in 3 or 8, $30 for each year or part thereof ending in 4 or
10    9, and a renewal for each assumed name, $150.
11        (10) Filing an application for change or cancellation
12    of an assumed name, $100.
13        (11) Filing an annual report of a limited liability
14    company or foreign limited liability company, $100 for each
15    of the first 2 annual reports and $250 for each annual
16    report thereafter, if filed as required by this Act, plus a
17    penalty if delinquent. Notwithstanding the foregoing, the
18    fee for filing an annual report of a limited liability
19    company or foreign limited liability company with ability
20    to establish series is $250 plus $50 for each series for
21    which a certificate of designation has been filed pursuant
22    to Section 37-40 of this Act and active on the last day of
23    the third month preceding the company's anniversary month,
24    plus a penalty if delinquent.
25        (12) Filing an application for reinstatement of a
26    limited liability company or foreign limited liability

 

 

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1    company $500.
2        (13) Filing Articles of Merger, $100 plus $50 for each
3    party to the merger in excess of the first 2 parties.
4        (14) Filing an Agreement of Conversion or Statement of
5    Conversion, $100.
6        (15) Filing a statement of change of address of
7    registered office or change of registered agent, or both,
8    or filing a statement of correction, $25.
9        (16) Filing a petition for refund, $15.
10        (17) Filing any other document, $100.
11        (18) Filing a certificate of designation of a limited
12    liability company with the ability to establish series
13    pursuant to Section 37-40 of this Act, $50.
14    (c) The Secretary of State shall charge and collect all of
15the following:
16        (1) For furnishing a copy or certified copy of any
17    document, instrument, or paper relating to a limited
18    liability company or foreign limited liability company, or
19    for a certificate, $25.
20        (2) For the transfer of information by computer process
21    media to any purchaser, fees established by rule.
22(Source: P.A. 97-839, eff. 7-20-12.)
 
23    Section 15. The Uniform Partnership Act (1997) is amended
24by changing Section 108 as follows:
 

 

 

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1    (805 ILCS 206/108)
2    Sec. 108. Fees.
3    (a) The Secretary of State shall charge and collect in
4accordance with the provisions of this Act and rules
5promulgated under its authority:
6        (1) fees for filing documents;
7        (2) miscellaneous charges; and
8        (3) fees for the sale of lists of filings and for
9    copies of any documents.
10    (b) The Secretary of State shall charge and collect:
11        (1) for furnishing a copy or certified copy of any
12    document, instrument, or paper relating to a registered
13    limited liability partnership, $25;
14        (2) for the transfer of information by computer process
15    media to any purchaser, fees established by rule;
16        (3) for filing a statement of partnership authority,
17    $25;
18        (4) for filing a statement of denial, $25;
19        (5) for filing a statement of dissociation, $25;
20        (6) for filing a statement of dissolution, $100;
21        (7) for filing a statement of merger, $100;
22        (8) for filing a statement of qualification for a
23    limited liability partnership organized under the laws of
24    this State, $50 $100 for each partner, but in no event
25    shall the fee be less than $100 $200 or exceed $5,000;
26        (9) for filing a statement of foreign qualification,

 

 

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1    $500;
2        (10) for filing a renewal statement for a limited
3    liability partnership organized under the laws of this
4    State, $100 for each partner, but in no event shall the fee
5    be less than $200 or exceed $5,000;
6        (11) for filing a renewal statement for a foreign
7    limited liability partnership, $300;
8        (12) for filing an amendment or cancellation of a
9    statement, $25;
10        (13) for filing a statement of withdrawal, $100;
11        (14) for the purposes of changing the registered agent
12    name or registered office, or both, $25;
13        (15) for filing an application for reinstatement,
14    $200;
15        (16) for filing any other document, $25.
16    (c) All fees collected pursuant to this Act shall be
17deposited into the Division of Corporations Limited Liability
18Partnership Fund.
19    (d) There is hereby continued in the State treasury a
20special fund to be known as the Division of Corporations
21Limited Liability Partnership Fund. Moneys deposited into the
22Fund shall, subject to appropriation, be used by the Business
23Services Division of the Office of the Secretary of State to
24administer the responsibilities of the Secretary of State under
25this Act. The balance of the Fund at the end of any fiscal year
26shall not exceed $200,000, and any amount in excess thereof

 

 

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1shall be transferred to the General Revenue Fund.
2(Source: P.A. 97-839, eff. 7-20-12.)