Illinois General Assembly - Full Text of HB0460
Illinois General Assembly

Previous General Assemblies

Full Text of HB0460  94th General Assembly

HB0460 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0460

 

Introduced 1/26/2005, by Rep. Shane Cultra

 

SYNOPSIS AS INTRODUCED:
 
805 ILCS 105/114.05   from Ch. 32, par. 114.05
805 ILCS 105/114.10   from Ch. 32, par. 114.10
805 ILCS 105/115.10   from Ch. 32, par. 115.10

    Amends the General Not For Profit Corporation Act of 1986. Provides that each domestic and foreign corporation authorized to conduct affairs in the State shall file a decennial (rather than annual) report. Provides that the fee for filing a decennial (rather than annual) report of a domestic or foreign corporation shall be $50 (rather than $5).


LRB094 06384 RXD 36468 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0460 LRB094 06384 RXD 36468 b

1     AN ACT concerning business.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The General Not For Profit Corporation Act of
5 1986 is amended by changing Sections 114.05, 114.10, and 115.10
6 as follows:
 
7     (805 ILCS 105/114.05)  (from Ch. 32, par. 114.05)
8     Sec. 114.05. Decennial Annual report of domestic or foreign
9 corporation. Each domestic corporation organized under this
10 Act, and each foreign corporation authorized to conduct affairs
11 in this State, shall file, within the time prescribed by this
12 Act, a decennial an annual report setting forth:
13     (a) The name of the corporation.
14     (b) The address, including street and number, or rural
15 route number, of its registered office in this State, and the
16 name of its registered agent at such address and a statement of
17 change of its registered office or registered agent, or both,
18 if any.
19     (c) The address, including street and number, if any, of
20 its principal office.
21     (d) The names and respective addresses, including street
22 and number, or rural route number, of its directors and
23 officers.
24     (e) A brief statement of the character of the affairs which
25 the corporation is actually conducting from among the purposes
26 authorized in Section 103.05 of this Act.
27     (f) Whether the corporation is a Condominium Association as
28 established under the Condominium Property Act, a Cooperative
29 Housing Corporation defined in Section 216 of the Internal
30 Revenue Code of 1954 or a Homeowner Association which
31 administers a common-interest community as defined in
32 subsection (c) of Section 9-102 of the Code of Civil Procedure.

 

 

HB0460 - 2 - LRB094 06384 RXD 36468 b

1     (g) Such additional information as may be necessary or
2 appropriate in order to enable the Secretary of State to
3 administer this Act and to verify the proper amount of fees
4 payable by the corporation.
5     Such annual report shall be made on forms prescribed and
6 furnished by the Secretary of State, and the information
7 therein required by subsections (a) to (d), both inclusive, of
8 this Section, shall be given as of the date of the execution of
9 the annual report. It shall be executed by the corporation by
10 any authorized officer and verified by him or her, or, if the
11 corporation is in the hands of a receiver or trustee, it shall
12 be executed on behalf of the corporation and verified by such
13 receiver or trustee.
14 (Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)
 
15     (805 ILCS 105/114.10)  (from Ch. 32, par. 114.10)
16     Sec. 114.10. Filing of annual report of domestic or foreign
17 corporation. Such annual report together with all fees and
18 charges as prescribed by this Act, shall be delivered to the
19 Secretary of State within 60 days immediately preceding the
20 first day of the anniversary month of the corporation each 10
21 years year. Proof to the satisfaction of the Secretary of State
22 that prior to the first day of the tenth anniversary month of
23 the corporation such report together with all fees and charges
24 as prescribed by this Act, was deposited in the United States
25 mail in a sealed envelope, properly addressed, with postage
26 prepaid, shall be deemed a compliance with this requirement. If
27 the Secretary of State finds that such report conforms to the
28 requirements of this Act, he or she shall file the same. If he
29 or she finds that it does not so conform, he or she shall
30 promptly return the same to the corporation for any necessary
31 corrections, in which event the penalties hereinafter
32 prescribed for failure to file such report within the time
33 hereinabove provided shall not apply, if such report is
34 corrected to conform to the requirements of this Act and
35 returned to the Secretary of State within 30 days of the date

 

 

HB0460 - 3 - LRB094 06384 RXD 36468 b

1 the report was returned for corrections.
2 (Source: P.A. 84-1423.)
 
3     (805 ILCS 105/115.10)  (from Ch. 32, par. 115.10)
4     Sec. 115.10. Fees for filing documents. The Secretary of
5 State shall charge and collect for:
6     (a) Filing articles of incorporation, $50.
7     (b) Filing articles of amendment, $25, unless the amendment
8 is a restatement of the articles of incorporation, in which
9 case the fee shall be $100.
10     (c) Filing articles of merger or consolidation, $25.
11     (d) Filing articles of dissolution, $5.
12     (e) Filing application to reserve a corporate name, $25.
13     (f) Filing a notice of transfer or cancellation of a
14 reserved corporate name, $25.
15     (g) Filing statement of change of address of registered
16 office or change of registered agent, or both, if other than on
17 an annual report, $5.
18     (h) Filing an application of a foreign corporation for
19 authority to conduct affairs in this State, $50.
20     (i) Filing an application of a foreign corporation for
21 amended authority to conduct affairs in this State, $25.
22     (j) Filing a copy of amendment to the articles of
23 incorporation of a foreign corporation holding authority to
24 conduct affairs in this State, $25, unless the amendment is a
25 restatement of the articles of incorporation, in which case the
26 fee shall be $100.
27     (k) Filing a copy of articles of merger of a foreign
28 corporation holding authority to conduct affairs in this State,
29 $25.
30     (l) Filing an application for withdrawal and final report
31 or a copy of articles of dissolution of a foreign corporation,
32 $5.
33     (m) Filing a decennial an annual report of a domestic or
34 foreign corporation, $50 $5.
35     (n) Filing an application for reinstatement of a domestic

 

 

HB0460 - 4 - LRB094 06384 RXD 36468 b

1 or a foreign corporation, $25.
2     (o) Filing an application for use of an assumed corporate
3 name, $150 for each year or part thereof ending in 0 or 5, $120
4 for each year or part thereof ending in 1 or 6, $90 for each
5 year or part thereof ending in 2 or 7, $60 for each year or part
6 thereof ending in 3 or 8, $30 for each year or part thereof
7 ending in 4 or 9, and a renewal fee for each assumed corporate
8 name, $150.
9     (p) Filing an application for change or cancellation of an
10 assumed corporate name, $5.
11     (q) Filing an application to register the corporate name of
12 a foreign corporation, $50; and an annual renewal fee for the
13 registered name, $50.
14     (r) Filing an application for cancellation of a registered
15 name of a foreign corporation, $5.
16     (s) Filing a statement of correction, $25.
17     (t) Filing an election to accept this Act, $25.
18     (u) Filing any other statement or report, $5.
19 (Source: P.A. 92-33, eff. 7-1-01; 92-651, eff. 7-11-02; 93-59,
20 eff. 7-1-03.)