Full Text of HB2800 101st General Assembly
HB2800 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2800 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: |
| 805 ILCS 105/114.05 | from Ch. 32, par. 114.05 | 805 ILCS 105/115.20 | from Ch. 32, par. 115.20 | 805 ILCS 180/50-50 | | 805 ILCS 206/1209 | |
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Amends the General Not For Profit Corporation Act of 1986. Provides that a domestic or foreign corporation shall, in its annual report, supply the rural route number, if applicable, for the address of its principal office. Provides that the Secretary of State may not consider a request submitted by electronic means a request for expedited services solely because of its submission by electronic means, unless expedited service is requested by the filer. Provides that the Secretary may not provide expedited services for the online electronic filing of annual reports or requests for certificates of good standing or certificates of existence under the General Not For Profit Corporation Act of 1986, the Limited Liability Company Act, and the Uniform Partnership Act (1997). Effective July 1, 2019.
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| | A BILL FOR |
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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 General Not For Profit Corporation Act of | 5 | | 1986 is amended by changing Sections 114.05 and 115.20 as | 6 | | follows:
| 7 | | (805 ILCS 105/114.05) (from Ch. 32, par. 114.05)
| 8 | | Sec. 114.05. 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, 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 | 16 | | the name of its
registered agent at such address.
| 17 | | (c) The address, including street and number, or rural | 18 | | route number if any , of
its principal office.
| 19 | | (d) The names and respective addresses,
including | 20 | | street and number, or rural route number, of its directors | 21 | | and
officers.
| 22 | | (e) A brief statement of the character of the affairs | 23 | | which the
corporation is actually conducting from among the |
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| 1 | | purposes authorized in
Section 103.05 of this Act.
| 2 | | (f) Whether the corporation is a Condominium | 3 | | Association as
established
under the Condominium Property | 4 | | Act, a Cooperative Housing Corporation
defined in Section | 5 | | 216 of the Internal Revenue Code of 1954 or a Homeowner
| 6 | | Association which administers a common-interest community | 7 | | as defined in
subsection (c) of Section 9-102 of the Code | 8 | | of Civil Procedure.
| 9 | | (g) Such additional information as may be necessary or
| 10 | | appropriate in order to enable the Secretary of State to
| 11 | | administer this Act and to verify the proper amount of fees
| 12 | | payable by the corporation.
| 13 | | Such annual report shall be made on forms prescribed and
| 14 | | furnished by the Secretary of State, and the information
| 15 | | therein required by subsections (a) to (d), both inclusive,
of | 16 | | this Section, shall be given as of the date of the
execution of | 17 | | the annual report. It shall be executed by the
corporation by | 18 | | any authorized officer and verified by him or
her, or, if the | 19 | | corporation is in the hands of a receiver or
trustee, it shall | 20 | | be executed on behalf of the corporation
and verified by such | 21 | | receiver or trustee.
| 22 | | (Source: P.A. 93-59, eff. 7-1-03; 94-605, eff. 1-1-06.)
| 23 | | (805 ILCS 105/115.20) (from Ch. 32, par. 115.20)
| 24 | | Sec. 115.20. Expedited service fees.
| 25 | | (a) The Secretary of State may charge and collect a fee
for |
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| 1 | | expedited services as follows:
| 2 | | Certificates of good standing or fact, $10;
| 3 | | All filings, copies of documents, annual reports filed on | 4 | | or after January
1, 1984, and copies of documents of dissolved | 5 | | corporations having a file number
over 5199, $25.
| 6 | | The Secretary may not consider a request submitted by | 7 | | electronic means a request for expedited services solely | 8 | | because of its submission by electronic means, unless expedited | 9 | | service is requested by the filer. | 10 | | (b) Expedited services shall not be available for a | 11 | | statement of
correction or any request for copies
involving | 12 | | annual reports filed before January 1,
1984 or involving | 13 | | dissolved
corporations with a file number below 5200.
| 14 | | (c) All moneys collected under this Section shall be | 15 | | deposited
into the Department of Business Services
Special | 16 | | Operations Fund. No other fees
or taxes collected under this | 17 | | Act shall be deposited into that Fund.
| 18 | | (d) As used in this Section, "expedited services" has the | 19 | | meaning
ascribed thereto in Section 15.95 of the Business | 20 | | Corporation Act of 1983.
| 21 | | (e) The Secretary may not provide expedited services for | 22 | | the online electronic filing of annual reports or requests for | 23 | | certificates of good standing. | 24 | | (Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)
| 25 | | Section 10. The Limited Liability Company Act is amended by |
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| 1 | | changing Section 50-50 as follows:
| 2 | | (805 ILCS 180/50-50)
| 3 | | Sec. 50-50. Department of Business Services Special | 4 | | Operations Fund.
| 5 | | (a) A special fund in the State treasury is created and | 6 | | shall be known as
the
Department of Business Services Special | 7 | | Operations Fund. Moneys deposited into
the Fund
shall, subject | 8 | | to appropriation, be used by the Department of Business | 9 | | Services
of the Office
of the Secretary of State, hereinafter | 10 | | "Department", to create and maintain the
capability to
perform | 11 | | expedited services in response to special requests made by the | 12 | | public
for same-day
or 24-hour service. Moneys deposited into | 13 | | the Fund shall be used for, but not
limited to,
expenditures | 14 | | for personal services, retirement, Social Security, | 15 | | contractual
services,
equipment, electronic data processing, | 16 | | and telecommunications.
| 17 | | (b) The balance in the Fund at the end of any fiscal year | 18 | | shall not exceed
$600,000,
and any amount in excess thereof | 19 | | shall be transferred to the General Revenue
Fund.
| 20 | | (c) All fees payable to the Secretary of State under this | 21 | | Section shall be
deposited
into the Fund. No other fees or | 22 | | charges collected under this Act
shall be
deposited into the
| 23 | | Fund.
| 24 | | (d) "Expedited services" means services rendered within | 25 | | the same day, or
within 24
hours from the time, the request |
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| 1 | | therefor is submitted by the filer, law firm,
service company,
| 2 | | or messenger physically in person or, at the Secretary of | 3 | | State's discretion,
by electronic means, to the Department's | 4 | | Springfield Office and
includes , but is not limited to,
| 5 | | requests for certified copies, photocopies, and computer | 6 | | abstracts certificates of good standing
made in person to the
| 7 | | Department's Springfield Office in person or by telephone, or | 8 | | requests for
certificates of
good standing made in person or by | 9 | | telephone to the Department's Chicago
Office. A request | 10 | | submitted by electronic means may not be considered a request | 11 | | for expedited services solely because of its submission by | 12 | | electronic means, unless expedited service is requested by the | 13 | | filer.
| 14 | | (e) Fees for expedited services shall be as follows:
| 15 | | Restated articles of organization, $200;
| 16 | | Merger, $200;
| 17 | | Articles of organization, $100;
| 18 | | Articles of amendment, $100;
| 19 | | Reinstatement, $100;
| 20 | | Application for admission to transact business, $100;
| 21 | | Computer Certificate of good standing or abstract of | 22 | | computer record , $20;
| 23 | | All other filings, copies of documents , annual | 24 | | reports, and copies of
documents of
dissolved or revoked | 25 | | limited liability companies, $50.
| 26 | | (f) The Secretary may not provide expedited services for |
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| 1 | | the online electronic filing of annual reports or requests for | 2 | | certificates of good standing. | 3 | | (Source: P.A. 100-186, eff. 7-1-18; 100-561, eff. 7-1-18; | 4 | | revised 9-13-18.)
| 5 | | Section 15. The Uniform Partnership Act (1997) is amended | 6 | | by changing Section 1209 as follows: | 7 | | (805 ILCS 206/1209) | 8 | | Sec. 1209. Expedited services; fees. | 9 | | (a) As used in this Section: | 10 | | "Department" means the Department of Business Services of | 11 | | the Office of the Secretary of State. | 12 | | "Expedited services" means services rendered within the | 13 | | same day or within 24 hours after the time the request therefor | 14 | | is submitted by the filer, law firm, service company, or | 15 | | messenger physically, in person, or at the Secretary of State's | 16 | | discretion, by electronic means to the Department's | 17 | | Springfield office or Chicago office and includes requests for | 18 | | certified copies, photocopies, and certificates of existence | 19 | | or abstracts of computer record made to the Department's | 20 | | Springfield office in person, by mail, or by fax or requests | 21 | | for certificates of existence or abstracts of computer record | 22 | | made in person to the Department's Chicago office. | 23 | | (b) The Secretary of State shall charge and collect the | 24 | | following fees for expedited services: |
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| 1 | | (1) Statement of Qualification or Foreign | 2 | | Qualification, $100. | 3 | | (2) Application for Reinstatement, $100. | 4 | | (3) Statement of Merger, $200. | 5 | | (4) Computer Certificate of existence or computer | 6 | | abstract, $20. | 7 | | (5) All other filings and copies of documents, $50. | 8 | | (c) All fees collected by and payable to the Secretary of | 9 | | State under this Section shall be deposited into the Division | 10 | | of Corporations Registered Limited Liability Partnership Fund | 11 | | to the credit of an account within the Fund. Subject to | 12 | | appropriation, moneys in the account shall be used by the | 13 | | Department to create and maintain the capability to perform | 14 | | expedited services in response to special requests made by the | 15 | | public for same-day or 24-hour service and shall also be used | 16 | | for purposes including, but not limited to, expenditures for | 17 | | personal services, retirement, Social Security, contractual | 18 | | services, equipment, electronic data processing, and | 19 | | telecommunications. No other fees or charges collected under | 20 | | this Act shall be credited to the account established under | 21 | | this subsection (c)
| 22 | | (d) The Secretary may not provide expedited services for | 23 | | the online electronic filing of annual reports or requests for | 24 | | certificates of existence. | 25 | | (Source: P.A. 100-486, eff. 1-1-18 .)
| 26 | | Section 99. Effective date. This Act takes effect July 1, |
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| 1 | | 2019.
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