Full Text of HB4654 97th General Assembly
HB4654 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4654 Introduced 2/1/2012, by Rep. John D. Cavaletto SYNOPSIS AS INTRODUCED: |
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805 ILCS 405/1 | from Ch. 96, par. 4 |
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Amends the Assumed Business Name Act. Provides that notice of filing an assumed business name certificate with a county clerk need only be published once, rather than for 3 consecutive weeks.
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| | A BILL FOR |
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| | | HB4654 | | LRB097 17497 JLS 62700 b |
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| 1 | | AN ACT concerning assumed business names.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Assumed Business Name Act is amended by | 5 | | changing Section 1 as follows:
| 6 | | (805 ILCS 405/1) (from Ch. 96, par. 4)
| 7 | | Sec. 1. Certificate; misrepresentation. No person or | 8 | | persons shall
conduct or transact
business in this
State under | 9 | | an assumed name, or under any designation, name or style,
| 10 | | corporate or otherwise, other than the real name or names of | 11 | | the individual
or individuals conducting or transacting such | 12 | | business, unless such person
or persons shall file in the | 13 | | office of the County Clerk of the County in
which such person | 14 | | or persons conduct or transact or intend to conduct or
transact | 15 | | such business, a certificate setting forth the name under which
| 16 | | the business is, or is to be, conducted or transacted, and the | 17 | | true or real
full name or names of the person or persons | 18 | | owning, conducting or
transacting the same, with the post | 19 | | office address or addresses of such
person or persons and every | 20 | | address where such business is, or is to be,
conducted or | 21 | | transacted in the county. The certificate shall be executed
and | 22 | | duly acknowledged by the person or persons so conducting or | 23 | | intending
to conduct the business.
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| 1 | | Notice of the filing of such certificate shall be published | 2 | | in a
newspaper of general circulation published within the | 3 | | county in which the
certificate is filed. Such notice shall be | 4 | | published once a week for 3
consecutive weeks. The first | 5 | | publication shall be within 15 days after the
certificate is | 6 | | filed in the office of the County Clerk. Proof of
publication | 7 | | shall be filed with the County Clerk within 50 days from the
| 8 | | date of filing the certificate. Upon receiving proof of | 9 | | publication, the
clerk shall issue a receipt to the person | 10 | | filing such certificate but no
additional charge shall be | 11 | | assessed by the clerk for giving such receipt.
Unless proof of | 12 | | publication is made to the clerk, the certificate of
| 13 | | registration of the assumed name is void.
| 14 | | If any person changes his name or his residence address or | 15 | | the address
of any place of business in the county where such | 16 | | assumed name is being
employed after filing a certificate, or | 17 | | if the name of a person is added to
any business organization | 18 | | for which a certificate is on file, such person
shall file an | 19 | | additional, duly acknowledged certificate in the office of
the | 20 | | County Clerk of the county in which such person transacts | 21 | | business
under an assumed name. The certificate shall set out | 22 | | the change or addition
as the case may be. Such certificate | 23 | | shall also set out the post office
address of the person. If | 24 | | any business organization for which such
certificate has been | 25 | | filed in any county of this State shall remove its
place of | 26 | | business to another county in this State or shall establish an
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| 1 | | additional location for doing business in another county of | 2 | | this State, a
certificate shall be filed in the office of the | 3 | | County Clerk of such other
county and notice of the filing of | 4 | | such certificate of a change or addition
of a name shall be | 5 | | published and proof of publication made pursuant to the
| 6 | | provisions of this section in the same manner as is provided | 7 | | for original
certificates to do business under an assumed name.
| 8 | | A foreign person or foreign entity may not use an assumed | 9 | | or fictitious
name in the conduct
of its business to | 10 | | intentionally misrepresent the origin or location of the
person | 11 | | or entity.
| 12 | | (Source: P.A. 91-906, eff. 1-1-01.)
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