Full Text of SB3398 100th General Assembly
SB3398enr 100TH 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 Professional Service Corporation Act is | 5 | | amended by changing Section 12 as follows:
| 6 | | (805 ILCS 10/12) (from Ch. 32, par. 415-12)
| 7 | | Sec. 12.
(a) No corporation shall open, operate or maintain | 8 | | an establishment for any
of the purposes for which a | 9 | | corporation may be organized under this Act
without a | 10 | | certificate of registration from the regulating authority
| 11 | | authorized by law to license individuals to engage in the | 12 | | profession or
related professions concerned. Application for | 13 | | such registration shall be
made in writing, and shall contain | 14 | | the name and primary mailing address of the corporation, the | 15 | | name and address of the corporation's registered agent, the | 16 | | address of the practice location maintained by the corporation, | 17 | | each assumed name being used by the corporation,
and such other | 18 | | information as may be required by the regulating authority.
All | 19 | | official correspondence from the regulating authority shall be | 20 | | mailed to the primary mailing address of the corporation except | 21 | | that the corporation may elect to have renewal and non-renewal | 22 | | notices sent to the registered agent of the corporation. Upon | 23 | | receipt of such application, the regulating authority, or some
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| 1 | | administrative agency of government designated by it, shall | 2 | | make an
investigation of the corporation. If the regulating | 3 | | authority is the
Supreme Court it may designate the bar or | 4 | | legal association which
investigates and prefers charges | 5 | | against lawyers to it for disciplining. If
such authority finds | 6 | | that the incorporators, officers, directors and
shareholders | 7 | | are each licensed pursuant to the laws of Illinois to engage
in | 8 | | the particular profession or related professions involved | 9 | | (except that
the secretary of the corporation need not be so | 10 | | licensed), and if no
disciplinary action is pending before it | 11 | | against any of them, and if it
appears that the corporation | 12 | | will be conducted in compliance with the law
and the | 13 | | regulations and rules of the regulating authority, such | 14 | | authority,
shall issue, upon payment of a registration fee of | 15 | | $50, a certificate of
registration.
| 16 | | A separate application shall be submitted for each business | 17 | | location in Illinois. If the corporation is using more than one | 18 | | fictitious or assumed name and has an address different from | 19 | | that of the parent company, a separate application shall be | 20 | | submitted for each fictitious or assumed name. | 21 | | Upon written application of the holder, the
regulating | 22 | | authority which originally issued the certificate of
| 23 | | registration shall renew the certificate if it finds that the | 24 | | corporation
has complied with its regulations and the | 25 | | provisions of this Act.
| 26 | | The fee for the renewal of a certificate of registration |
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| 1 | | shall be calculated
at the rate of $40 per year.
| 2 | | If the regulatory authority is the Department of Financial | 3 | | and Professional Regulation, the certificate of registration | 4 | | shall expire on January 1, 2019 and on January 1 of every third | 5 | | year thereafter. The fee for renewal of a certificate of | 6 | | registration shall be $40. | 7 | | The certificate of registration shall be conspicuously | 8 | | posted upon the
premises to which it is applicable. No
| 9 | | certificate of registration shall be assignable.
| 10 | | (b) Moneys collected under this Section from a professional | 11 | | corporation organized to practice law shall be deposited into | 12 | | the Supreme Court Special Purposes Fund. | 13 | | (c) After the effective date of this amendatory Act of the | 14 | | 98th General Assembly, the amount of any fee collected under | 15 | | this Section from a professional corporation organized to | 16 | | practice law may be set by Supreme Court rule, except that the | 17 | | amount of the fees shall remain as set by statute until the | 18 | | Supreme Court adopts rules specifying a higher or lower fee | 19 | | amount. | 20 | | (Source: P.A. 98-324, eff. 10-1-13; 99-227, eff. 8-3-15.)
| 21 | | Section 10. The Medical Corporation Act is amended by | 22 | | changing Section 6 as follows:
| 23 | | (805 ILCS 15/6) (from Ch. 32, par. 636)
| 24 | | Sec. 6.
The certificate of registration shall expire on |
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| 1 | | January 1, 2019 and on January 1 of every third year | 2 | | thereafter. Upon written application of the holder, the | 3 | | Department shall renew
the certificate of registration if
the | 4 | | Department finds that the corporation has complied with its | 5 | | regulations
and the provisions of this Act.
| 6 | | The fee for renewal of a certificate of registration shall | 7 | | be $40. calculated
at the rate of $40 per year.
| 8 | | (Source: P.A. 83-863.)
| 9 | | Section 15. The Limited Liability Company Act is amended by | 10 | | changing Sections 1-5 and 1-25 as follows:
| 11 | | (805 ILCS 180/1-5)
| 12 | | Sec. 1-5. Definitions. As used in this Act, unless
the | 13 | | context otherwise requires:
| 14 | | "Anniversary" means that day every year exactly one or
more | 15 | | years after: (i) the date the articles of organization
filed | 16 | | under Section 5-5 of this Act were filed by the Office
of the | 17 | | Secretary of State, in the case of a limited liability
company; | 18 | | or (ii) the date the application for admission to
transact | 19 | | business filed under Section 45-5 of this Act was
filed by the | 20 | | Office of the Secretary of State, in the case of
a foreign | 21 | | limited liability company.
| 22 | | "Anniversary month" means the month in which the
| 23 | | anniversary of the limited liability company occurs.
| 24 | | "Articles of organization" means the articles of
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| 1 | | organization filed by the Secretary of State for the purpose
of | 2 | | forming a limited liability company as specified in
Article 5 | 3 | | and all amendments thereto, whether evidenced by articles of | 4 | | amendment, articles of merger, or a statement of correction | 5 | | affecting the articles.
| 6 | | "Assumed limited liability company name" means any
limited | 7 | | liability company name other than the true limited
liability | 8 | | company name, except that the identification by a
limited | 9 | | liability company of its business with a trademark or
service | 10 | | mark of which it is the owner or licensed user shall
not | 11 | | constitute the use of an assumed name under this Act.
| 12 | | "Bankruptcy" means bankruptcy under the Federal Bankruptcy
| 13 | | Code of 1978, Title 11, Chapter 7 of the United States Code, as | 14 | | amended from time to time, or any successor statute.
| 15 | | "Business" includes every trade, occupation, profession, | 16 | | and other lawful
purpose, whether or not carried on for profit.
| 17 | | "Company" means a limited liability company. | 18 | | "Contribution" means any cash, property, services
| 19 | | rendered, or other benefit, or a promissory note or other | 20 | | binding obligation to
contribute cash or property, perform | 21 | | services, or provide any other benefit, that a
person | 22 | | contributes to the limited liability company in that
person's | 23 | | capacity as a member or in order to become a member.
| 24 | | "Court" includes every court and judge having
jurisdiction | 25 | | in a case.
| 26 | | "Debtor in bankruptcy" means a person who is the subject of |
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| 1 | | an order for
relief
under Title 11 of the United States Code, a | 2 | | comparable
order under a successor statute of general | 3 | | application, or a comparable order
under federal, state, or | 4 | | foreign law governing insolvency.
| 5 | | "Distribution" means a transfer of money, property, or | 6 | | other benefit from a limited liability company to a member in | 7 | | the member's capacity as a
member or to a transferee of the | 8 | | member's distributional interest.
| 9 | | "Distributional interest" means a member's right to | 10 | | receive distributions of
the limited liability company's | 11 | | assets, but no other rights or interests of a member.
| 12 | | "Entity" means a person other than an individual.
| 13 | | "Federal employer identification number" means either (i) | 14 | | the federal
employer identification number assigned by the | 15 | | Internal Revenue
Service to the limited liability company or | 16 | | foreign limited liability company
or (ii) in the case of a | 17 | | limited liability company or foreign
limited liability company | 18 | | not required to have a federal employer
identification number, | 19 | | any other number that may be assigned by the
Internal
Revenue | 20 | | Service for purposes of identification.
| 21 | | "Foreign limited liability company" means an | 22 | | unincorporated entity organized
under laws other than the laws | 23 | | of this State that afford
limited liability to its owners | 24 | | comparable to the liability under Section 10-10
and is not | 25 | | required to register to transact business under any law of
this | 26 | | State other than this Act.
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| 1 | | "Insolvent" means that a limited liability company is
| 2 | | unable to pay its debts as they become due in the usual
course | 3 | | of its business.
| 4 | | "Legal representative" means, without limitation, an | 5 | | executor, administrator, guardian, personal representative and | 6 | | agent, including an appointee under a power of attorney. | 7 | | "Limited liability company" means a limited liability
| 8 | | company
organized under this Act.
| 9 | | "L3C" or "low-profit limited liability company" means a | 10 | | for-profit limited liability company which satisfies the | 11 | | requirements of Section 1-26 of this Act and does not have as a | 12 | | significant purpose the production of income or the | 13 | | appreciation of property. | 14 | | "Manager" means a person, whether or not a member of a | 15 | | manager-managed
company, who is vested with authority in an | 16 | | operating agreement as provided in Section 15-1.
| 17 | | "Manager-managed company" means a limited liability | 18 | | company that vests authority in a manager or managers in an | 19 | | operating agreement as provided in Section 15-1.
| 20 | | "Member" means a person
who becomes a member of the limited | 21 | | liability company upon formation of the
company or in the | 22 | | manner and at the time provided in the operating agreement
or, | 23 | | if the operating agreement does not so provide, in the manner | 24 | | and at the
time provided in this Act.
| 25 | | "Member-managed company" means a limited liability company | 26 | | other than a
manager-managed company.
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| 1 | | "Membership interest" means all of a member's rights in the
| 2 | | limited liability company, including the member's right to | 3 | | receive distributions of the limited liability
company's | 4 | | assets.
| 5 | | "Operating agreement" means the agreement under Section | 6 | | 15-5, whether or not referred to as an operating agreement and | 7 | | whether oral, in a record, implied, or in any combination | 8 | | thereof, of all of the members of a limited liability company, | 9 | | including a sole member, concerning the
relations among the | 10 | | members, managers, and limited
liability company. The term | 11 | | "operating agreement" includes amendments to the
agreement.
| 12 | | "Organizer" means one of the signers of the original
| 13 | | articles of organization.
| 14 | | "Person" means an individual, partnership, domestic or
| 15 | | foreign limited partnership, limited liability company or
| 16 | | foreign limited liability company, trust, estate,
association, | 17 | | corporation, governmental body, or other
juridical being.
| 18 | | "Professional limited liability company" means a limited | 19 | | liability company that provides professional services licensed | 20 | | by the Department of Financial and Professional Regulation and | 21 | | that is organized under the Professional Limited Liability | 22 | | Company Act and this Act. | 23 | | "Record" means information that is inscribed on a tangible | 24 | | medium or that is stored in an electronic or other medium and | 25 | | is retrievable in perceivable form. | 26 | | "Registered office" means that office maintained by the
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| 1 | | limited liability company in this State, the address,
including | 2 | | street, number, city and county, of which is on
file in the | 3 | | office of the Secretary of State, at which, any
process, | 4 | | notice, or demand required or permitted by law may be
served | 5 | | upon the registered agent of the limited liability
company.
| 6 | | "Registered agent" means a person who is an agent for
| 7 | | service of process on the limited liability company who is
| 8 | | appointed by the limited liability company and whose address
is | 9 | | the registered office of the limited liability company.
| 10 | | "Restated articles of organization" means the articles
of | 11 | | organization restated as provided in Section 5-30.
| 12 | | "Sign" means, with the present intent to authenticate or | 13 | | adopt a record: | 14 | | (1) to execute or adopt a tangible symbol; or | 15 | | (2) to attach to or logically associate with the record | 16 | | an electronic symbol, sound, or process. | 17 | | "State" means a state, territory, or possession of the
| 18 | | United States, the District of Columbia, or the Commonwealth
of | 19 | | Puerto Rico.
| 20 | | "Transfer" includes an assignment, conveyance, deed, bill | 21 | | of sale, lease,
mortgage, security interest, encumbrance, and | 22 | | gift.
| 23 | | (Source: P.A. 99-637, eff. 7-1-17 .)
| 24 | | (805 ILCS 180/1-25)
| 25 | | Sec. 1-25. Nature of business. |
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| 1 | | (a) A limited liability company may be formed
for any | 2 | | lawful purpose or business except :
(1) (blank);
(2) insurance | 3 | | unless, for the purpose of carrying on business as a member
of | 4 | | a group including incorporated and individual unincorporated | 5 | | underwriters,
the Director of Insurance finds that the group | 6 | | meets the requirements of
subsection (3) of Section 86 of the | 7 | | Illinois Insurance Code and the limited
liability company, if | 8 | | insolvent, is subject to liquidation by the Director of
| 9 | | Insurance under Article XIII of the Illinois Insurance Code . ;
| 10 | | (3) the practice of dentistry unless all the members | 11 | | and managers are
licensed as dentists under the Illinois | 12 | | Dental Practice Act;
| 13 | | (4) the practice of medicine unless all the managers, | 14 | | if any, are
licensed to practice medicine under the Medical | 15 | | Practice Act of 1987 and each
member is either:
| 16 | | (A) licensed to practice medicine under the | 17 | | Medical Practice Act of
1987; or
| 18 | | (B) a registered medical corporation or | 19 | | corporations organized pursuant
to the Medical | 20 | | Corporation Act; or
| 21 | | (C) a professional corporation organized pursuant | 22 | | to the Professional
Service Corporation Act of | 23 | | physicians licensed to practice under the Medical | 24 | | Practice Act of 1987; | 25 | | (C-5) a hospital or hospital affiliate as defined | 26 | | in Section 10.8 of the Hospital Licensing Act; or
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| 1 | | (D) a limited liability company that satisfies the | 2 | | requirements of
subparagraph (A), (B), (C), or (C-5);
| 3 | | (5) the practice of real estate unless all the | 4 | | managers, if any, or every member in a member-managed | 5 | | company are licensed to practice as a managing broker or | 6 | | broker pursuant to the Real Estate License Act of 2000; | 7 | | (6) the practice of clinical psychology unless all the | 8 | | managers and members are licensed to practice as a clinical | 9 | | psychologist under the Clinical Psychologist Licensing | 10 | | Act; | 11 | | (7) the practice of social work unless all the managers | 12 | | and members are licensed to practice as a clinical social | 13 | | worker or social worker under the Clinical Social Work and | 14 | | Social Work Practice Act; | 15 | | (8) the practice of marriage and family therapy unless | 16 | | all the managers and members are licensed to practice as a | 17 | | marriage and family therapist under the Marriage and Family | 18 | | Therapy Licensing Act; | 19 | | (9) the practice of professional counseling unless all | 20 | | the managers and members are licensed to practice as a | 21 | | clinical professional counselor or a professional | 22 | | counselor under the Professional Counselor and Clinical | 23 | | Professional Counselor Licensing and Practice Act; | 24 | | (10) the practice of sex offender evaluations unless | 25 | | all the managers and members are licensed to practice as a | 26 | | sex offender evaluator under the Sex Offender Evaluation |
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| 1 | | and Treatment Provider Act; or | 2 | | (11) the practice of veterinary medicine unless all the | 3 | | managers and members are licensed to practice as a | 4 | | veterinarian under the Veterinary Medicine and Surgery | 5 | | Practice Act of 2004. | 6 | | (b) (Blank). Notwithstanding any provision of this | 7 | | Section, any of the following professional services may be | 8 | | combined and offered within a single company provided that each | 9 | | professional service is only offered by persons licensed to | 10 | | provide that professional service and all managers and members | 11 | | are licensed in at least one of the professional services | 12 | | offered by the company: | 13 | | (1) the practice of medicine by physicians licensed | 14 | | under the Medical Practice Act of 1987, the practice of | 15 | | podiatry by podiatrists licensed under the Podiatric | 16 | | Medical Practice Act of 1987, the practice of dentistry by | 17 | | dentists licensed under the Illinois Dental Practice Act, | 18 | | and the practice of optometry by optometrists licensed | 19 | | under the Illinois Optometric Practice Act of 1987; or | 20 | | (2) the practice of clinical psychology by clinical | 21 | | psychologists licensed under the Clinical Psychologist | 22 | | Licensing Act, the practice of social work by clinical | 23 | | social workers or social workers licensed under the | 24 | | Clinical Social Work and Social Work Practice Act, the | 25 | | practice of marriage and family counseling by marriage and | 26 | | family therapists licensed under the Marriage and Family |
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| 1 | | Therapy Licensing Act, the practice of professional | 2 | | counseling by professional counselors and clinical | 3 | | professional counselors licensed under the Professional | 4 | | Counselor and Clinical Professional Counselor Licensing | 5 | | and Practice Act, and the practice of sex offender | 6 | | evaluations by sex offender evaluators licensed under the | 7 | | Sex Offender Evaluation and Treatment Provider Act. | 8 | | (c) (Blank). Professional limited liability companies may | 9 | | be organized under this Act. | 10 | | (d) A limited liability company that intends to provide a | 11 | | professional service licensed by the Department of Financial | 12 | | and Professional Regulation must be formed in compliance with | 13 | | the Professional Limited Liability Company Act. | 14 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 15 | | Section 20. The Professional Limited Liability Company Act | 16 | | is amended by changing Sections 5 and 15 and by adding Sections | 17 | | 2, 11, 12, and 13 as follows: | 18 | | (805 ILCS 185/2 new) | 19 | | Sec. 2. Legislative intent. It is the intent of the General | 20 | | Assembly to provide for an individual or group of individuals | 21 | | to form a professional limited liability company to render the | 22 | | same professional service or related professional services to | 23 | | the public for which such individuals or individuals providing | 24 | | the professional services are required by law to be licensed, |
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| 1 | | while preserving the established professional aspects of the | 2 | | personal relationship between the professional person and | 3 | | those he or she serves professionally. | 4 | | (805 ILCS 185/5)
| 5 | | Sec. 5. Definitions. In this Act: | 6 | | "Department" means the Department of Financial and | 7 | | Professional Regulation. | 8 | | "License" means a license, certificate of registration, or | 9 | | any other evidence of the satisfaction of the requirements of | 10 | | this State issued by the Department. | 11 | | "Professional limited liability company" means a limited | 12 | | liability company that intends to provide, or does provide, | 13 | | professional services that require the individuals engaged in | 14 | | the profession to be licensed by the Department of Financial | 15 | | and Professional Regulation .
| 16 | | (Source: P.A. 99-227, eff. 8-3-15.) | 17 | | (805 ILCS 185/11 new) | 18 | | Sec. 11. Articles of organization. One or more individuals | 19 | | may organize a professional limited liability company by filing | 20 | | articles of organization with the Secretary of State on forms | 21 | | furnished by the Secretary. Such articles of organization shall | 22 | | meet the requirements of the Limited Liability Company Act and | 23 | | this Act and must also state the specific professional service | 24 | | or related professional services to be rendered by the |
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| 1 | | professional limited liability company. | 2 | | A limited liability company that provides professional | 3 | | services and requires registration with the Department may | 4 | | convert to a professional limited liability company by filing | 5 | | the appropriate forms with the Secretary of State. There shall | 6 | | be no fee for this conversion. | 7 | | (805 ILCS 185/12 new) | 8 | | Sec. 12. Professional limited liability company name. The | 9 | | name of each professional limited liability company or foreign | 10 | | professional limited liability company organized, existing, or | 11 | | subject to the provisions of this Act shall contain the terms | 12 | | "professional limited liability company", "P.L.L.C.", or | 13 | | "PLLC". | 14 | | (805 ILCS 185/13 new) | 15 | | Sec. 13. Nature of business. | 16 | | (a) A professional limited liability company may be formed | 17 | | to provide a professional service or services licensed by the | 18 | | Department except: | 19 | | (1) the practice of dentistry unless all the members | 20 | | and managers are licensed as dentists under the Illinois | 21 | | Dental Practice Act; | 22 | | (2) the practice of medicine unless all the managers, | 23 | | if any, are licensed to practice medicine under the Medical | 24 | | Practice Act of 1987 and each member is either: |
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| 1 | | (A) licensed to practice medicine under the | 2 | | Medical Practice Act of 1987; | 3 | | (B) a registered medical corporation or | 4 | | corporations organized pursuant to the Medical | 5 | | Corporation Act; | 6 | | (C) a professional corporation organized pursuant | 7 | | to the Professional Service Corporation Act of | 8 | | physicians licensed to practice under the Medical | 9 | | Practice Act of 1987; | 10 | | (D) a hospital or hospital affiliate as defined in | 11 | | Section 10.8 of the Hospital Licensing Act; or | 12 | | (E) a professional limited liability company that | 13 | | satisfies the requirements of subparagraph (A), (B), | 14 | | (C), or (D); | 15 | | (3) the practice of real estate unless all the | 16 | | managers, if any, or every member in a member-managed | 17 | | company are licensed to practice as a managing broker or | 18 | | broker pursuant to the Real Estate License Act of 2000; | 19 | | (4) the practice of clinical psychology unless all the | 20 | | managers and members are licensed to practice as a clinical | 21 | | psychologist under the Clinical Psychologist Licensing | 22 | | Act; | 23 | | (5) the practice of social work unless all the managers | 24 | | and members are licensed to practice as a clinical social | 25 | | worker or social worker under the Clinical Social Work and | 26 | | Social Work Practice Act; |
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| 1 | | (6) the practice of marriage and family therapy unless | 2 | | all the managers and members are licensed to practice as a | 3 | | marriage and family therapist under the Marriage and Family | 4 | | Therapy Licensing Act; | 5 | | (7) the practice of professional counseling unless all | 6 | | the managers and members are licensed to practice as a | 7 | | clinical professional counselor or a professional | 8 | | counselor under the Professional Counselor and Clinical | 9 | | Professional Counselor Licensing and Practice Act; | 10 | | (8) the practice of sex offender evaluation and | 11 | | treatment unless all the managers and members are licensed | 12 | | to practice as a sex offender evaluator or sex offender | 13 | | treatment provider under the Sex Offender Evaluation and | 14 | | Treatment Provider Act; or | 15 | | (9) the practice of veterinary medicine unless all the | 16 | | managers and members are licensed to practice as a | 17 | | veterinarian under the Veterinary Medicine and Surgery | 18 | | Practice Act of 2004. | 19 | | (b) Notwithstanding any provision of this Section, any of | 20 | | the following professional services may be combined and offered | 21 | | within a single professional limited liability company | 22 | | provided that each professional service is offered only by | 23 | | persons licensed to provide that professional service and all | 24 | | managers and members are licensed in at least one of the | 25 | | professional services offered by the professional limited | 26 | | liability company: |
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| 1 | | (1) the practice of medicine by physicians licensed | 2 | | under the Medical Practice Act of 1987, the practice of | 3 | | podiatry by podiatric physicians licensed under the | 4 | | Podiatric Medical Practice Act of 1987, the practice of | 5 | | dentistry by dentists licensed under the Illinois Dental | 6 | | Practice Act, and the practice of optometry by optometrists | 7 | | licensed under the Illinois Optometric Practice Act of | 8 | | 1987; or | 9 | | (2) the practice of clinical psychology by clinical | 10 | | psychologists licensed under the Clinical Psychologist | 11 | | Licensing Act, the practice of social work by clinical | 12 | | social workers or social workers licensed under the | 13 | | Clinical Social Work and Social Work Practice Act, the | 14 | | practice of marriage and family counseling by marriage and | 15 | | family therapists licensed under the Marriage and Family | 16 | | Therapy Licensing Act, the practice of professional | 17 | | counseling by professional counselors and clinical | 18 | | professional counselors licensed under the Professional | 19 | | Counselor and Clinical Professional Counselor Licensing | 20 | | and Practice Act, and the practice of sex offender | 21 | | evaluation and treatment by sex offender evaluators and sex | 22 | | offender treatment providers licensed under the Sex | 23 | | Offender Evaluation and Treatment Provider Act. | 24 | | (805 ILCS 185/15)
| 25 | | Sec. 15. Certificate of registration.
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| 1 | | (a) No professional limited liability company may render | 2 | | professional services that require the issuance of a license by | 3 | | the Department, except through its managers, members, agents, | 4 | | or employees who are duly licensed or otherwise legally | 5 | | authorized to render such professional services within this | 6 | | State. An individual's association with a professional limited | 7 | | liability company as a manager, member, agent, or employee, | 8 | | shall in no way modify or diminish the jurisdiction of the | 9 | | Department that licensed, certified, or registered the | 10 | | individual for a particular profession. | 11 | | (b) A professional limited liability company shall not | 12 | | open, operate, or maintain an establishment for any of the | 13 | | purposes for which a limited liability company may be organized | 14 | | without obtaining a certificate of registration from the | 15 | | Department. | 16 | | (c) Application for a certificate of registration shall be | 17 | | made in writing and shall contain the name and primary mailing | 18 | | address of the professional limited liability company, the name | 19 | | and address of the company's registered agent, the address of | 20 | | the practice location maintained by the company, each assumed | 21 | | name being used by the company, and such other information as | 22 | | may be required by the Department. All official correspondence | 23 | | from the Department shall be mailed to the primary mailing | 24 | | address of the company except that the company may elect to | 25 | | have renewal and non-renewal notices sent to the registered | 26 | | agent of the company. Upon receipt of such application, the |
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| 1 | | Department shall make an investigation of the professional | 2 | | limited liability company. If this Act or any Act administered | 3 | | by the Department requires the organizers, managers, and | 4 | | members to each be licensed in the particular profession or | 5 | | related professions related to the professional services | 6 | | offered by the company, the Department shall determine that the | 7 | | organizers, managers, and members are each licensed pursuant to | 8 | | the laws of Illinois to engage in the particular profession or | 9 | | related professions involved (except that an initial organizer | 10 | | may be a licensed attorney) and that no disciplinary action is | 11 | | pending before the Department against any of them before | 12 | | issuing a certificate of registration. For all other companies | 13 | | submitting an application, the Department shall determine if | 14 | | any organizer, manager, or member claiming to hold a | 15 | | professional license issued by the Department is currently so | 16 | | licensed and that no disciplinary action is pending before the | 17 | | Department against any of them before issuing a certificate of | 18 | | registration. If it appears that the professional limited | 19 | | liability company will be conducted in compliance with the law | 20 | | and the rules and regulations of the Department, the Department | 21 | | shall issue, upon payment of a registration fee of $50, a | 22 | | certificate of registration. | 23 | | (d) A separate application shall be submitted for each | 24 | | business location in Illinois. If the professional limited | 25 | | liability company is using more than one fictitious or assumed | 26 | | name and has an address different from that of the parent |
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| 1 | | company, a separate application shall be submitted for each | 2 | | fictitious or assumed name. | 3 | | (e) The certificate of registration shall expire on January | 4 | | 1, 2019 and on January 1 of every third year thereafter. Upon | 5 | | written application of the holder, the Department shall renew | 6 | | the certificate if it finds that the professional limited | 7 | | liability company has complied with its regulations and the | 8 | | provisions of this Act and the applicable licensing Act. This | 9 | | fee for the renewal of a certificate of registration shall be | 10 | | $40. calculated at the rate of $40 per year. The certificate of | 11 | | registration shall be conspicuously posted upon the premises to | 12 | | which it is applicable. A certificate of registration shall not | 13 | | be assignable. | 14 | | (f) The Department shall not issue or renew any certificate | 15 | | of registration to a professional limited liability company | 16 | | during the period of dissolution.
| 17 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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INDEX
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Statutes amended in order of appearance
| | 3 | | 805 ILCS 10/12 | from Ch. 32, par. 415-12 | | 4 | | 805 ILCS 15/6 | from Ch. 32, par. 636 | | 5 | | 805 ILCS 180/1-5 | | | 6 | | 805 ILCS 180/1-25 | | | 7 | | 805 ILCS 185/2 new | | | 8 | | 805 ILCS 185/5 | | | 9 | | 805 ILCS 185/11 new | | | 10 | | 805 ILCS 185/12 new | | | 11 | | 805 ILCS 185/13 new | | | 12 | | 805 ILCS 185/15 | |
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