(815 ILCS 602/5-80)
Sec. 5-80.
Scope of the Law; service of process.
(a) The provisions of this Law concerning sales and offers
to sell apply to persons who sell or offer to sell when:
(1) An offer to sell is made in this State;
(2) An offer to purchase is made and accepted in this |
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(3) The purchaser is domiciled in this State and the
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| business opportunity is or will be operated in this State.
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(b) For the purpose of this Section, an offer to sell is
made in this State, whether or not either party is then present
in this State, when:
(1) The offer originates from this State; or
(2) The offer is directed by the offeror to this
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| State and received at the place to which it is directed or at any post office in this State in the case of a mailed offer.
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(c) For the purpose of this Section, an offer to sell is
accepted in this State when acceptance:
(1) Is communicated to the offeror in this State; and
(2) Has not previously been communicated to the
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| offeror, orally, or in writing, outside this State; and acceptance is communicated to the offeror in this State, whether or not either party is then present in this State when the offeree directs it to the offeror in this State reasonably believing the offeror to be in this State and it is received at the place to which it is directed or at any post office in this State in the case of a mailed acceptance.
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(d) When any person, including any nonresident of this
State, engages in conduct prohibited or made actionable by this
Law or any rule, regulation, or order under this Law, and the person
has not filed a consent to service of process and personal
jurisdiction over the person cannot otherwise be obtained in
this State, that conduct shall be considered equivalent to the
person's appointment of the Secretary of State
to be the person's attorney to
receive service of any lawful process in any noncriminal suit,
action, or proceeding against the person or the person's
successor, executor or administrator which grows out of that
conduct and which is brought under this Law or any rule,
regulation, or order under this Law with the same force and validity
as if served on the person personally. Service may be made by
filing a copy of the process in the office of the Secretary of
State, and it is not effective unless:
(1) The plaintiff, who may be the Secretary of State
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| in a suit, action, or proceeding instituted by the Secretary of State, forthwith sends notice of the service and a copy of the process by certified or registered mail, return receipt requested, to the defendant's or respondent's most current address on file with the Secretary of State or takes other steps which are reasonably calculated to give actual notice; and
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(2) The plaintiff's affidavit of compliance with this
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| subsection (d) of this Section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.
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(e) When process is served under this Section, the court,
or the Secretary of State in a proceeding before the Secretary
of State, shall order such continuance as may be necessary to
afford the defendant or respondent reasonable opportunity to
defend.
(Source: P.A. 89-209, eff. 1-1-96.)
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