Full Text of SB2604 99th General Assembly
SB2604eng 99TH GENERAL ASSEMBLY |
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| 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 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 ; renewals . | 8 | | (a) No person or persons shall
conduct or transact
business | 9 | | in this
State under an assumed name, or under any designation, | 10 | | name or style,
corporate or otherwise, other than the real name | 11 | | or names of the individual
or individuals conducting or | 12 | | transacting such business, unless such person
or persons shall | 13 | | file in the office of and in the manner prescribed by the | 14 | | County Clerk of the County in
which such person or persons | 15 | | conduct or transact or intend to conduct or
transact such | 16 | | business, a certificate setting forth the name under which
the | 17 | | business is, or is to be, conducted or transacted, and the true | 18 | | or real
full name or names of the person or persons owning, | 19 | | conducting or
transacting the same, with the post office | 20 | | address or addresses of such
person or persons and every | 21 | | address where such business is, or is to be,
conducted or | 22 | | transacted in the county. The certificate shall be executed
and | 23 | | duly acknowledged by the person or persons so conducting or |
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| 1 | | intending
to conduct the business.
| 2 | | (b) Notice of the filing of such certificate shall be | 3 | | published in a
newspaper of general circulation published | 4 | | within the county in which the
certificate is filed. Such | 5 | | notice shall be published once a week for 3
consecutive weeks. | 6 | | The first publication shall be within 15 days after the
| 7 | | certificate is filed in the office of the County Clerk. Proof | 8 | | of
publication shall be filed with the County Clerk within 50 | 9 | | days from the
date of filing the certificate. Upon receiving | 10 | | proof of publication, the
clerk shall issue a receipt to the | 11 | | person filing such certificate but no
additional charge shall | 12 | | be assessed by the clerk for giving such receipt.
Unless proof | 13 | | of publication is made to the clerk, the certificate of
| 14 | | registration of the assumed name is void.
| 15 | | (c) If any person changes his name or his residence address | 16 | | or the address
of any place of business in the county where | 17 | | such assumed name is being
employed after filing a certificate, | 18 | | or if the name of a person is added to
any business | 19 | | organization for which a certificate is on file, such person
| 20 | | shall file an additional, duly acknowledged certificate in the | 21 | | office of
the County Clerk of the county in which such person | 22 | | transacts business
under an assumed name. The certificate shall | 23 | | set out the change or addition
as the case may be. Such | 24 | | certificate shall also set out the post office
address of the | 25 | | person. If any business organization for which such
certificate | 26 | | has been filed in any county of this State shall remove its
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| 1 | | place of business to another county in this State or shall | 2 | | establish an
additional location for doing business in another | 3 | | county of this State, a
certificate shall be filed in the | 4 | | office of the County Clerk of such other
county and notice of | 5 | | the filing of such certificate of a change or addition
of a | 6 | | name shall be published and proof of publication made pursuant | 7 | | to the
provisions of this section in the same manner as is | 8 | | provided for original
certificates to do business under an | 9 | | assumed name.
| 10 | | (d) A foreign person or foreign entity may not use an | 11 | | assumed or fictitious
name in the conduct
of its business to | 12 | | intentionally misrepresent the origin or location of the
person | 13 | | or entity. | 14 | | (e) A person conducting business under an assumed name in a | 15 | | county with 4,000,000 or more inhabitants shall renew the | 16 | | certificate filed under subsection (a) every 5 years after the | 17 | | initial filing. Certificates on record as of the effective date | 18 | | of this amendatory Act of the 99th General Assembly shall be | 19 | | renewed within 5 years after that effective date by a date | 20 | | established by the County Clerk of the county in which the | 21 | | certificate is filed. The County Clerk shall notify the person | 22 | | or persons of the renewal date at least 90 days before the | 23 | | renewal date. If the notice sent by the County Clerk is sent to | 24 | | an address set forth in the assumed name certificate, as | 25 | | amended, and the notice is returned as undeliverable at that | 26 | | address, the County Clerk may at his or her discretion cancel |
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| 1 | | that certificate. Failure to renew the certificate before the | 2 | | renewal date shall result in the cancellation of the person's | 3 | | assumed name in the index maintained under Section 3. The | 4 | | County Clerk shall collect a fee of $20 at the time of each | 5 | | renewal.
| 6 | | (Source: P.A. 91-906, eff. 1-1-01.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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