Full Text of SB2251 98th General Assembly
SB2251 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB2251 Introduced 2/15/2013, by Sen. Donne E. Trotter SYNOPSIS AS INTRODUCED: |
| 805 ILCS 405/1 | from Ch. 96, par. 4 | 805 ILCS 405/3 | from Ch. 96, par. 6 | 805 ILCS 405/3a | from Ch. 96, par. 6a |
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Amends the Assumed Business Name Act. Provides that filings under the Act shall be in the manner prescribed by the County Clerk. Provides for the renewal of assumed business names every 5 years. Authorizes the withdrawal of an assumed name. Authorizes an increase in filing fees.
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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 Assumed Business Name Act is amended by | 5 | | changing Sections 1, 3, and 3a 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 | 15 | | shall renew the certificate filed under subsection (a) every 5 | 16 | | years after the initial filing. The County Clerk of the county | 17 | | in which a certificate is filed shall notify the person of the | 18 | | renewal date. Failure to renew the certificate before the | 19 | | renewal date shall result in the removal of the person's | 20 | | assumed name from the index maintained under Section 3. The | 21 | | County Clerk shall collect a fee of $25 at the time of each | 22 | | renewal. | 23 | | (Source: P.A. 91-906, eff. 1-1-01.)
| 24 | | (805 ILCS 405/3) (from Ch. 96, par. 6)
| 25 | | Sec. 3.
The several County Clerks of this State shall keep |
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| 1 | | an alphabetical
index of all persons filing certificates | 2 | | pursuant to Sections 1 and 2,
and for the indexing and filing | 3 | | of such certificate shall receive a fee established by the | 4 | | County Clerk in an amount not exceeding $50 of
$5.00 . A copy of | 5 | | such certificate and receipt for proof of publication,
duly | 6 | | certified to by the County Clerk in whose office the | 7 | | certificate is
filed, shall be presumptive evidence in all | 8 | | courts of law in this State of
the facts therein contained.
| 9 | | (Source: P.A. 85-186.)
| 10 | | (805 ILCS 405/3a) (from Ch. 96, par. 6a)
| 11 | | Sec. 3a.
Any person who has executed and filed the | 12 | | certificate required by
Section 1 or 2 of this Act and who | 13 | | wishes to withdraw his name from the
business organization | 14 | | shall have the certificate cancelled in whole or in
part by | 15 | | filing in the office of the County Clerk where the certificate | 16 | | is
filed, a supplementary certificate under oath, showing that | 17 | | such person or
persons have ceased doing business under the | 18 | | assumed name, or that the
person or persons executing the | 19 | | supplementary certificate have no further
connection with or | 20 | | financial interest in the business carried on under such
| 21 | | assumed name; whereupon the County Clerk shall note opposite | 22 | | the trade name
theretofore registered, the word "cancelled" and | 23 | | the date of cancellation,
or, in the case of withdrawal only of | 24 | | one or more but less than all of the
registrants, the clerk | 25 | | shall note the word "Withdrawn" after the name of
each party |
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| 1 | | filing the supplementary certificate indicating the | 2 | | withdrawal,
together with the date of such withdrawal. When | 3 | | such withdrawal effectuates
any change in or transfer of the | 4 | | ownership of 25% or more of the total
ownership interest in any | 5 | | such business organization doing business under
an assumed | 6 | | name, then notice of the filing of such certificate shall be
| 7 | | published.
| 8 | | A For filing a certificate noting the cancellation or | 9 | | withdrawal of one or
more names, the County Clerk shall collect | 10 | | receive a fee of $25 from any person who cancels a filed | 11 | | certificate, withdraws a name, or otherwise amends the | 12 | | certificate $1.50 .
| 13 | | Where a person files a certificate pursuant to Section 1 or | 14 | | 2 setting
out a change of his name, or that his name is an | 15 | | addition to an
organization doing business under an assumed | 16 | | name which has previously been
registered, the County Clerk | 17 | | shall note on the index of such person's name
the word | 18 | | "changed" or "addition" as the case may be.
| 19 | | (Source: Laws 1963, p. 2997.)
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