Full Text of HB3787 100th General Assembly
HB3787 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3787 Introduced , by Rep. Silvana Tabares SYNOPSIS AS INTRODUCED: |
| 805 ILCS 5/1.35 | from Ch. 32, par. 1.35 | 805 ILCS 105/101.35 | from Ch. 32, par. 101.35 | 805 ILCS 180/5-60 | | 805 ILCS 206/110 new | | 805 ILCS 206/111 new | | 805 ILCS 215/120 new | | 805 ILCS 215/121 new | |
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Amends the Business Corporation Act of 1983, the General Not For Profit Corporation Act of 1986, the Limited Liability Company Act, the Uniform Partnership Act (1997), and the Uniform Limited Partnership Act (2001). Provides that interrogatories propounded by the Secretary of State to entities organized under those Acts must be answered within 30 days, that answers must be full and complete, and that answers must be in writing and under oath. Provides that for the purpose of verification of the answers to the interrogatories, production of documents may be requested and, if requested, the records shall be produced. Requires that interrogatories propounded to an individual must be answered by the individual. Limits public disclosure of the interrogatories and the responses. Effective July 1, 2017.
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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 Business Corporation Act of 1983 is amended | 5 | | by changing Section 1.35 as follows:
| 6 | | (805 ILCS 5/1.35) (from Ch. 32, par. 1.35)
| 7 | | Sec. 1.35. Interrogatories to be propounded by Secretary of | 8 | | State. The Secretary of State may propound to any corporation, | 9 | | domestic or foreign,
subject to the provisions of this Act, and | 10 | | to any officer or director thereof,
such interrogatories as may | 11 | | be reasonably necessary and proper to enable
the Secretary to | 12 | | ascertain whether such corporation has complied with all the | 13 | | provisions
of this Act applicable to such corporation. Such | 14 | | interrogatories shall be
answered within 30 thirty days after | 15 | | the mailing thereof, or within such additional
time as shall be | 16 | | fixed by the Secretary of State, and the answers thereto
shall | 17 | | be full and complete and shall be made in writing and under | 18 | | oath.
For the purpose of verification of the answers to the | 19 | | interrogatories, production of documents may be requested and, | 20 | | if requested, the records shall be produced. If such | 21 | | interrogatories be directed to an individual they shall be | 22 | | answered
by him or her, and if directed to a corporation they | 23 | | shall be answered by the president,
vice-president, secretary, |
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| 1 | | or assistant secretary thereof. The Secretary
of State need not | 2 | | file any document to which such interrogatories relate
until | 3 | | such interrogatories be answered as herein provided, and not | 4 | | then
if the answers thereto disclose that such document is not | 5 | | in conformity
with the provisions of this Act. The Secretary of | 6 | | State shall certify to
the Attorney General, for such
action as | 7 | | the Attorney General may deem appropriate, all interrogatories
| 8 | | and answers thereto which disclose a violation of any of the | 9 | | provisions of
this Act.
| 10 | | (Source: P.A. 83-1025.)
| 11 | | Section 10. The General Not For Profit Corporation Act of | 12 | | 1986 is amended by changing Section 101.35 as follows:
| 13 | | (805 ILCS 105/101.35) (from Ch. 32, par. 101.35)
| 14 | | Sec. 101.35.
Interrogatories to be propounded by
Secretary | 15 | | of State. The Secretary of State may propound to
any | 16 | | corporation, domestic or foreign, subject to the
provisions of | 17 | | this Act, and to any officer or director
thereof, such | 18 | | interrogatories as may be reasonably necessary
and proper to | 19 | | enable the Secretary to ascertain whether such
corporation has | 20 | | complied with all the provisions of this Act
applicable to such | 21 | | corporation. Such interrogatories shall
be answered within 30 | 22 | | thirty days after the mailing thereof, or
within such | 23 | | additional time as shall be fixed by the
Secretary of State, | 24 | | and the answers thereto shall be full
and complete and shall be |
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| 1 | | made in writing and under oath. For the purpose of verification | 2 | | of the answers to the interrogatories, production of documents | 3 | | may be requested and, if requested, the records shall be | 4 | | produced.
If such interrogatories be directed to an individual | 5 | | they
shall be answered by him or her, and if directed to a
| 6 | | corporation they shall be answered by the president, | 7 | | vice-president,
secretary, or assistant secretary thereof. The
| 8 | | Secretary of State need not file any document to which such
| 9 | | interrogatories relate until such interrogatories be
answered | 10 | | as herein provided, and not then if the answers
thereto | 11 | | disclose that such document is not in conformity
with the | 12 | | provisions of this Act. The Secretary of State
shall certify to | 13 | | the Attorney General, for such action as
the Attorney General | 14 | | may deem appropriate, all
interrogatories and answers thereto | 15 | | which disclose a
violation of any of the provisions of this | 16 | | Act.
| 17 | | (Source: P.A. 84-1423.)
| 18 | | Section 15. The Limited Liability Company Act is amended by | 19 | | changing Section 5-60 as follows:
| 20 | | (805 ILCS 180/5-60)
| 21 | | Sec. 5-60.
Interrogatories to be propounded by
Secretary of | 22 | | State. The Secretary of State may propound to
any limited | 23 | | liability company or foreign limited liability
company subject | 24 | | to the provisions of this Act, and to any
manager or, if there |
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| 1 | | are no managers, any member thereof,
such interrogatories as | 2 | | may be reasonably necessary and
proper to enable the Secretary | 3 | | of State to ascertain whether the
limited liability company has | 4 | | complied with all the
provisions of this Act applicable to the | 5 | | limited liability
company. The interrogatories shall be | 6 | | answered within
30 days after the mailing thereof, or within | 7 | | such
additional time as shall be fixed by the Secretary of | 8 | | State,
and the answers thereto shall be full and complete and | 9 | | shall
be made in writing and under oath. For the purpose of | 10 | | verification of the answers to the interrogatories, production | 11 | | of documents may be requested and, if requested, the records | 12 | | shall be produced. If the interrogatories
are directed to an | 13 | | individual, they shall be answered by him or
her, and if | 14 | | directed to a limited liability company, they
shall be answered | 15 | | by the managers thereof or, if there are no
managers, the | 16 | | members. The Secretary of State need not file
any document to | 17 | | which the interrogatories relate until the
interrogatories are | 18 | | answered as herein provided, and not then
if the answers | 19 | | thereto disclose that the document is not in
conformity with | 20 | | the provisions of this Act. The Secretary of
State shall | 21 | | certify to the Attorney General, for such action
as the | 22 | | Attorney General may deem appropriate, all
interrogatories and | 23 | | answers thereto that disclose a
violation of any of the | 24 | | provisions of this Act.
| 25 | | (Source: P.A. 87-1062.)
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| 1 | | Section 20. The Uniform Partnership Act (1997) is amended | 2 | | by adding Sections 110 and 111 as follows: | 3 | | (805 ILCS 206/110 new) | 4 | | Sec. 110. Interrogatories to be propounded by Secretary of | 5 | | State. The Secretary of State may propound to any partnership | 6 | | or limited liability partnership, domestic or foreign, subject | 7 | | to the provisions of this Act, and to any partner or limited | 8 | | liability partner thereof, such interrogatories as may be | 9 | | reasonably necessary and proper to enable the Secretary to | 10 | | ascertain whether the partnership or limited liability | 11 | | partnership has complied with all the provisions of this Act | 12 | | applicable to the partnership or limited liability | 13 | | partnership. The interrogatories shall be answered within 30 | 14 | | days after the mailing thereof, or within such additional time | 15 | | as shall be fixed by the Secretary of State, and the answers | 16 | | thereto shall be full and complete and shall be made in writing | 17 | | and under oath. For the purpose of verification of the answers | 18 | | to the interrogatories, production of documents may be | 19 | | requested and, if requested, the records shall be produced. If | 20 | | the interrogatories are directed to an individual, they shall | 21 | | be answered by him or her, and if directed to a partnership or | 22 | | limited liability partnership, they shall be answered by the | 23 | | partners or limited liability partners thereof. The Secretary | 24 | | of State need not file any document to which the | 25 | | interrogatories relate until the interrogatories are answered |
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| 1 | | as herein provided, and not then if the answers thereto | 2 | | disclose that the document is not in conformity with the | 3 | | provisions of this Act. The Secretary of State shall certify to | 4 | | the Attorney General, for such action as the Attorney General | 5 | | may deem appropriate, all interrogatories and answers thereto | 6 | | that disclose a violation of any of the provisions of this Act. | 7 | | (805 ILCS 206/111 new) | 8 | | Sec. 111. Information disclosed by interrogatories. | 9 | | Interrogatories propounded by the Secretary of State and the | 10 | | answers thereto shall not be open to public inspection nor | 11 | | shall the Secretary of State disclose any facts or information | 12 | | obtained therefrom except in so far as official duty may | 13 | | require the same to be made public or in the event the | 14 | | interrogatories or the answers thereto are required for | 15 | | evidence in any criminal proceeding or in any other action by | 16 | | the State. | 17 | | Section 25. The
Uniform Limited Partnership Act (2001) is | 18 | | amended by adding Sections 120 and 121 as follows: | 19 | | (805 ILCS 215/120 new) | 20 | | Sec. 120. Interrogatories to be propounded by Secretary of | 21 | | State. The Secretary of State may propound to any limited | 22 | | partnership or limited liability limited partnership, domestic | 23 | | or foreign, subject to the provisions of this Act, and to any |
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| 1 | | general partner or limited partner thereof, such | 2 | | interrogatories as may be reasonably necessary and proper to | 3 | | enable the Secretary to ascertain whether the limited | 4 | | partnership or limited liability limited partnership has | 5 | | complied with all the provisions of this Act applicable to the | 6 | | limited partnership or limited liability limited partnership. | 7 | | The interrogatories shall be answered within 30 days after the | 8 | | mailing thereof, or within such additional time as shall be | 9 | | fixed by the Secretary of State, and the answers thereto shall | 10 | | be full and complete and shall be made in writing and under | 11 | | oath. For the purpose of verification of the answers to the | 12 | | interrogatories, production of documents may be requested and, | 13 | | if requested, the records shall be produced. If the | 14 | | interrogatories are directed to an individual, they shall be | 15 | | answered by him or her, and if directed to a limited | 16 | | partnership or limited liability limited partnership, they | 17 | | shall be answered by the general partner or limited partner | 18 | | thereof. The Secretary of State need not file any document to | 19 | | which the interrogatories relate until the interrogatories are | 20 | | answered as herein provided, and not then if the answers | 21 | | thereto disclose that the document is not in conformity with | 22 | | the provisions of this Act. The Secretary of State shall | 23 | | certify to the Attorney General, for such action as the | 24 | | Attorney General may deem appropriate, all interrogatories and | 25 | | answers thereto that disclose a violation of any of the | 26 | | provisions of this Act. |
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| 1 | | (805 ILCS 215/121 new) | 2 | | Sec. 121. Information disclosed by interrogatories. | 3 | | Interrogatories propounded by the Secretary of State and the | 4 | | answers thereto shall not be open to public inspection nor | 5 | | shall the Secretary of State disclose any facts or information | 6 | | obtained therefrom except in so far as official duty may | 7 | | require the same to be made public or in the event the | 8 | | interrogatories or the answers thereto are required for | 9 | | evidence in any criminal proceeding or in any other action by | 10 | | the State.
| 11 | | Section 99. Effective date. This Act takes effect July 1, | 12 | | 2017.
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