Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(805 ILCS 105/101.10) (from Ch. 32, par. 101.10)
Sec. 101.10. Forms, execution, acknowledgment and
filing.
(a) All reports required by this Act to be filed
in the office of the Secretary of State shall be made on
forms which shall be prescribed and furnished by the
Secretary of State. Forms for all other documents to be
filed in the office of the Secretary of State shall be
furnished by the Secretary of State on request therefor, but
the use thereof, unless otherwise specifically prescribed in
this Act, shall not be mandatory.
(b) Whenever any provision of this Act specifically
requires any document to be executed by the corporation in
accordance with this Section, unless otherwise specifically
stated in this Act and subject to any additional provisions
of this Act, such document shall be executed, in ink, as
follows:
(1) The articles of incorporation shall be signed by |
| the incorporator or incorporators.
|
|
(2) All other documents shall be signed:
(i) By the president, a vice-president, the
|
| secretary, an assistant secretary, the treasurer, or other officer duly authorized by the board of directors of the corporation to execute the document and verified by him or her; or
|
|
(ii) If it shall appear from the document that
|
| there are no such officers, then by a majority of the directors or by such directors as may be designated by the board; or
|
|
(iii) If it shall appear from the document that
|
| there are no such officers or directors, then by the members, or such of them as may be designated by the members at a lawful meeting; or
|
|
(iv) If the corporate assets are in the
|
| possession of a receiver, trustee or other court-appointed officer, then by the fiduciary or the majority of them if there are more than one.
|
|
(c) The name of a person signing the document and the
capacity in which he or she signs shall be stated beneath or
opposite his or her signature.
(d) Whenever any provision of this Act requires any
document to be verified, such requirement is satisfied by
either:
(1) The formal acknowledgment by the person or one of
|
| the persons signing the instrument that it is his or her act and deed or the act and deed of the corporation, as the case may be, and that the facts stated therein are true. Such acknowledgment shall be made before a person who is authorized by the law of the place of execution to take acknowledgments of deeds and who, if he or she has a seal of office, shall affix it to the instrument; or
|
|
(2) The signature, without more, of the person or
|
| persons signing the instrument, in which case such signature or signatures shall constitute the affirmation or acknowledgment of the signatory, under penalties of perjury, that the instrument is his or her act and deed or the act and deed of the corporation, as the case may be, and that the facts stated therein are true.
|
|
(e) Whenever any provision of this Act requires any
document to be filed with the Secretary of State or in
accordance with this Section, such requirement means that:
(1) The original signed document, and if in duplicate
|
| as provided by this Act, one true copy, which may be signed, or carbon or photocopy shall be delivered to the office of the Secretary of State.
|
|
(2) All fees and charges authorized by law to be
|
| collected by the Secretary of State in connection with the filing of the document shall be tendered to the Secretary of State.
|
|
(3) If the Secretary of State finds that the document
|
| conforms to law, he or she shall, when all fees and charges have been paid as in this Act prescribed:
|
|
(i) Endorse on the original and on the true copy,
|
| if any, the word "filed" and the month, day and year thereof;
|
|
(ii) File the original in his or her office;
(iii) (Blank); and
(iv) If the filing is in duplicate, he or she
|
| shall return the copy to the corporation or its representative.
|
|
(f) If another Section of this Act specifically prescribes
a manner of filing or executing a specified document which
differs from the corresponding provisions of this Section,
then the provisions of such other Section shall govern.
(Source: P.A. 99-608, eff. 7-22-16.)
|
