Full Text of HB3033 98th General Assembly
HB3033 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3033 Introduced , by Rep. Katherine Cloonen SYNOPSIS AS INTRODUCED: |
| 805 ILCS 5/15.10 | from Ch. 32, par. 15.10 | 805 ILCS 180/50-10 | | 805 ILCS 206/108 | |
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Amends the Business Corporation Act of 1983 and the Limited Liability Company Act. Provides for a reduction in initial filing fees and a reduction in annual fees for the first 2 years of the filer's existence. Amends the Uniform Partnership Act (1997) to reduce the fee for filing a statement of qualification for a limited liability partnership.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | 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 Business Corporation Act of 1983 is amended | 5 | | by changing Section 15.10 as follows:
| 6 | | (805 ILCS 5/15.10) (from Ch. 32, par. 15.10)
| 7 | | Sec. 15.10. Fees for filing documents. The Secretary of | 8 | | State shall charge and collect for:
| 9 | | (a) Filing articles of incorporation, $100 $150 .
| 10 | | (b) Filing articles of amendment, $50, unless the amendment | 11 | | is a
restatement
of the articles of
incorporation, in which | 12 | | case the fee shall be $150.
| 13 | | (c) Filing articles of merger or consolidation, $100, but | 14 | | if the merger or
consolidation involves more than 2 | 15 | | corporations, $50 for each
additional corporation.
| 16 | | (d) Filing articles of share exchange, $100.
| 17 | | (e) Filing articles of dissolution, $5.
| 18 | | (f) Filing application to reserve a corporate name, $25.
| 19 | | (g) Filing a notice of transfer of a reserved corporate | 20 | | name, $25.
| 21 | | (h) Filing statement of change of address of registered | 22 | | office or
change of registered agent, or both, $25.
| 23 | | (i) Filing statement of the establishment of a series of |
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| 1 | | shares,
$25.
| 2 | | (j) Filing an application of a foreign corporation for | 3 | | authority to transact
business in this State, $150.
| 4 | | (k) Filing an application of a foreign corporation for | 5 | | amended authority to
transact business in this State, $25.
| 6 | | (l) Filing a copy of amendment to the articles of | 7 | | incorporation of a
foreign corporation holding authority to | 8 | | transact
business in this State, $50, unless the amendment is a | 9 | | restatement
of
the articles of incorporation, in which case the | 10 | | fee shall be $150.
| 11 | | (m) Filing a copy of articles of merger of a foreign | 12 | | corporation
holding a certificate of authority to transact | 13 | | business in this State,
$100, but if the merger involves more | 14 | | than 2 corporations, $50 for each
additional corporation.
| 15 | | (n) Filing an application for withdrawal and final report | 16 | | or a copy of
articles of dissolution of a foreign corporation, | 17 | | $25.
| 18 | | (o) Filing an annual report, interim annual report, or | 19 | | final transition
annual report of a domestic or foreign | 20 | | corporation, $50 for each of the first 2 annual reports and $75 | 21 | | for each annual report thereafter .
| 22 | | (p) Filing an application for reinstatement of a domestic | 23 | | or a foreign
corporation, $200.
| 24 | | (q) Filing an application for use of an assumed corporate | 25 | | name, $150 for
each year or part thereof
ending in 0 or 5, $120 | 26 | | for each year or part thereof ending in 1 or 6, $90
for each |
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| 1 | | year or part thereof ending in 2 or 7, $60 for each year or part
| 2 | | thereof ending in 3 or 8, $30 for each year or part thereof | 3 | | ending in 4 or 9,
between the date of filing
the application | 4 | | and the date of the renewal of the assumed corporate name;
and | 5 | | a renewal fee for each assumed corporate name, $150.
| 6 | | (r) To change an assumed corporate name for the period | 7 | | remaining until
the renewal date of the original assumed name, | 8 | | $25.
| 9 | | (s) Filing an application for cancellation of an assumed | 10 | | corporate name, $5.
| 11 | | (t) 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 | | (u) Filing an application for cancellation of a registered | 15 | | name of a
foreign corporation, $25.
| 16 | | (v) Filing a statement of correction, $50.
| 17 | | (w) Filing a petition for refund or adjustment, $5.
| 18 | | (x) Filing a statement of election of an extended filing | 19 | | month, $25.
| 20 | | (y) Filing any other statement or report, $5.
| 21 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 22 | | Section 10. The Limited Liability Company Act is amended by | 23 | | changing Section 50-10 as follows:
| 24 | | (805 ILCS 180/50-10)
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| 1 | | Sec. 50-10. Fees.
| 2 | | (a) The Secretary of State shall charge and collect in
| 3 | | accordance with the provisions of this Act and rules
| 4 | | promulgated under its authority all of the following:
| 5 | | (1) Fees for filing documents.
| 6 | | (2) Miscellaneous charges.
| 7 | | (3) Fees for the sale of lists of filings and for | 8 | | copies
of any documents.
| 9 | | (b) The Secretary of State shall charge and collect for
all | 10 | | of the following:
| 11 | | (1) Filing articles of organization (domestic), | 12 | | application for
admission (foreign), and restated articles | 13 | | of
organization (domestic), $250 $500 . Notwithstanding the | 14 | | foregoing, the fee for filing articles of organization | 15 | | (domestic), application for admission (foreign), and | 16 | | restated articles of organization (domestic) in connection | 17 | | with a limited liability company with ability to establish | 18 | | series pursuant to Section 37-40 of this Act is $750.
| 19 | | (2) Filing articles of amendment or an amended | 20 | | application for admission, $150.
| 21 | | (3) Filing articles of dissolution or
application
for | 22 | | withdrawal, $100.
| 23 | | (4) Filing an application to reserve a name, $300.
| 24 | | (5) Filing a notice of cancellation of a reserved name, | 25 | | $100.
| 26 | | (6) Filing a notice of a transfer of a reserved
name, |
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| 1 | | $100.
| 2 | | (7) Registration of a name, $300.
| 3 | | (8) Renewal of registration of a name, $100.
| 4 | | (9) Filing an application for use of an assumed
name | 5 | | under Section 1-20 of this Act, $150 for each
year or part | 6 | | thereof ending in 0 or 5, $120 for each year or
part | 7 | | thereof ending in 1 or 6, $90 for each year or part thereof | 8 | | ending in 2 or
7, $60 for each year or part thereof ending | 9 | | in 3 or 8, $30 for each year or
part thereof ending in 4 or | 10 | | 9, and a renewal for each assumed name, $150.
| 11 | | (10) Filing an application for change or cancellation | 12 | | of an assumed
name, $100.
| 13 | | (11) Filing an annual report of a limited liability
| 14 | | company or foreign limited liability company, $100 for each | 15 | | of the first 2 annual reports and $250 for each annual | 16 | | report thereafter , if
filed as required by this Act, plus a | 17 | | penalty if
delinquent. Notwithstanding the foregoing, the | 18 | | fee for filing an annual report of a limited liability | 19 | | company or foreign limited liability company with ability | 20 | | to establish series is $250 plus $50 for each series for | 21 | | which a certificate of designation has been filed pursuant | 22 | | to Section 37-40 of this Act and active on the last day of | 23 | | the third month preceding the company's anniversary month, | 24 | | plus a penalty if delinquent.
| 25 | | (12) Filing an application for reinstatement of a
| 26 | | limited liability company or foreign limited liability
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| 1 | | company
$500.
| 2 | | (13) Filing Articles of Merger, $100 plus $50 for each | 3 | | party to the
merger in excess of the first 2 parties.
| 4 | | (14) Filing an Agreement of Conversion or Statement of | 5 | | Conversion, $100.
| 6 | | (15) Filing a statement of change of address of | 7 | | registered office or change of registered agent, or both, | 8 | | or filing a statement of correction, $25.
| 9 | | (16) Filing a petition for refund, $15.
| 10 | | (17) Filing any other document, $100.
| 11 | | (18) Filing a certificate of designation of a limited | 12 | | liability company with the ability to establish series | 13 | | pursuant to Section 37-40 of this Act, $50.
| 14 | | (c) The Secretary of State shall charge and collect all
of | 15 | | the following:
| 16 | | (1) For furnishing a copy or certified copy of any
| 17 | | document, instrument, or paper relating to a limited
| 18 | | liability company or foreign limited liability company,
or | 19 | | for a certificate, $25.
| 20 | | (2) For the transfer of information by computer
process | 21 | | media to any purchaser, fees established by
rule.
| 22 | | (Source: P.A. 97-839, eff. 7-20-12.)
| 23 | | Section 15. The Uniform Partnership Act (1997) is amended | 24 | | by changing Section 108 as follows:
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| 1 | | (805 ILCS 206/108)
| 2 | | Sec. 108. Fees.
| 3 | | (a) The Secretary of State shall charge and collect in | 4 | | accordance with
the provisions of this
Act and rules | 5 | | promulgated under its authority:
| 6 | | (1) fees for filing documents;
| 7 | | (2) miscellaneous charges; and
| 8 | | (3) fees for the sale of lists of filings and for | 9 | | copies of any documents.
| 10 | | (b) The Secretary of State shall charge and collect:
| 11 | | (1) for furnishing a copy or certified copy of any | 12 | | document, instrument,
or paper relating
to a registered | 13 | | limited liability partnership, $25;
| 14 | | (2) for the transfer of information by computer process | 15 | | media to any
purchaser, fees
established by rule;
| 16 | | (3) for filing a statement of partnership authority, | 17 | | $25;
| 18 | | (4) for filing a statement of denial, $25;
| 19 | | (5) for filing a statement of dissociation, $25;
| 20 | | (6) for filing a statement of dissolution, $100;
| 21 | | (7) for filing a statement of merger, $100;
| 22 | | (8) for filing a statement of qualification for a | 23 | | limited liability
partnership organized under the
laws of | 24 | | this State, $50 $100 for each partner, but in no event | 25 | | shall the fee be
less than $100 $200 or
exceed $5,000;
| 26 | | (9) for filing a statement of foreign qualification, |
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| 1 | | $500;
| 2 | | (10) for filing a renewal statement for a limited | 3 | | liability partnership
organized under the laws of
this | 4 | | State, $100 for each partner, but in no event shall the fee | 5 | | be
less than $200 or
exceed $5,000;
| 6 | | (11) for filing a renewal statement for a foreign | 7 | | limited liability
partnership, $300;
| 8 | | (12) for filing an amendment or cancellation of a | 9 | | statement, $25;
| 10 | | (13) for filing a statement of withdrawal, $100;
| 11 | | (14) for the purposes of changing the registered agent | 12 | | name or registered
office, or both,
$25;
| 13 | | (15) for filing an application for reinstatement, | 14 | | $200; | 15 | | (16) for filing any other document, $25. | 16 | | (c) All fees collected pursuant to this Act shall be | 17 | | deposited into the
Division of
Corporations Limited Liability | 18 | | Partnership Fund.
| 19 | | (d) There is hereby continued in the State treasury a | 20 | | special fund to be
known as the Division
of Corporations | 21 | | Limited Liability Partnership Fund. Moneys deposited into the
| 22 | | Fund shall,
subject to appropriation, be used by the Business | 23 | | Services Division of the
Office of the
Secretary of State to | 24 | | administer the responsibilities of the Secretary of
State under | 25 | | this Act.
The balance of the Fund at the end of any fiscal year | 26 | | shall not exceed
$200,000, and any amount
in excess thereof |
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| 1 | | shall be transferred to the General Revenue Fund.
| 2 | | (Source: P.A. 97-839, eff. 7-20-12.)
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