Full Text of HB0460 94th General Assembly
HB0460 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0460
Introduced 1/26/2005, by Rep. Shane Cultra SYNOPSIS AS INTRODUCED: |
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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 |
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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).
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A BILL FOR
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HB0460 |
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LRB094 06384 RXD 36468 b |
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| AN ACT concerning business.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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:
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| (805 ILCS 105/114.05) (from Ch. 32, par. 114.05)
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| Sec. 114.05. Decennial
Annual report of domestic or foreign
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| corporation. Each domestic corporation organized under this
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| 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:
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| (a) The name of the corporation.
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| (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.
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| (c) The address, including street and number, if any, of
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| its principal office.
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| (d) The names and respective addresses,
including street | 22 |
| and number, or rural route number, of its directors and
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| officers.
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| (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.
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| (f) Whether the corporation is a Condominium Association as
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| 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
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| subsection (c) of Section 9-102 of the Code of Civil Procedure.
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| (g) Such additional information as may be necessary or
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| appropriate in order to enable the Secretary of State to
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| administer this Act and to verify the proper amount of fees
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| payable by the corporation.
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| Such annual report shall be made on forms prescribed and
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| furnished by the Secretary of State, and the information
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| 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.
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| (Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)
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| (805 ILCS 105/114.10) (from Ch. 32, par. 114.10)
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| 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 |
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| the report was returned
for corrections.
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| (Source: P.A. 84-1423.)
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| (805 ILCS 105/115.10) (from Ch. 32, par. 115.10)
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| Sec. 115.10. Fees for filing documents. The Secretary of | 5 |
| State shall charge and collect for:
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| (a) Filing articles of incorporation, $50.
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| (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.
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| (c) Filing articles of merger or consolidation, $25.
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| (d) Filing articles of dissolution, $5.
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| (e) Filing application to reserve a corporate name, $25.
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| (f) Filing a notice of transfer or cancellation of a | 14 |
| reserved corporate
name, $25.
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| (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.
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| (h) Filing an application of a foreign corporation for | 19 |
| authority to
conduct affairs in this State, $50.
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| (i) Filing an application of a foreign corporation for
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| amended authority to conduct affairs in this
State, $25.
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| (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.
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| (k) Filing a copy of articles of merger of a foreign | 28 |
| corporation holding
authority to conduct affairs in this State, | 29 |
| $25.
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| (l) Filing an application for withdrawal and final report | 31 |
| or a copy of
articles of dissolution of a foreign corporation, | 32 |
| $5.
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| (m) Filing a decennial
an annual report of a domestic or | 34 |
| foreign corporation, $50
$5 .
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| (n) Filing an application for reinstatement of a domestic
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| or a foreign corporation, $25.
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| (o) Filing an application for use of an assumed corporate
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| 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.
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| (p) Filing an application for change or cancellation of an | 10 |
| assumed
corporate name, $5.
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| (q) Filing an application to register the corporate name of
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| a foreign corporation, $50; and an annual renewal fee for
the | 13 |
| registered name, $50.
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| (r) Filing an application for cancellation of a registered
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| name of a foreign corporation, $5.
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| (s) Filing a statement of correction, $25.
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| (t) Filing an election to accept this Act, $25.
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| (u) Filing any other statement or report, $5.
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| (Source: P.A. 92-33, eff. 7-1-01; 92-651, eff. 7-11-02; 93-59, | 20 |
| eff.
7-1-03.)
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