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Public Act 91-0463
SB564 Enrolled LRB9103878DJcd
AN ACT concerning business organizations, amending named
Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Section 5.313 as follows:
(30 ILCS 105/5.313) (from Ch. 127, par. 141.313)
Sec. 5.313. Department of Business Services Division of
Corporations Special Operations Fund.
(Source: P.A. 87-512; 87-895.)
Section 10. The Business Corporation Act of 1983 is
amended by changing Section 15.95 as follows:
(805 ILCS 5/15.95) (from Ch. 32, par. 15.95)
Sec. 15.95. Division of Corporations Special Operations
Fund.
(a) There is hereby created in the State Treasury A
special fund in the State treasury to be known as the
Division of Corporations Special Operations Fund is renamed
the Department of Business Services Special Operations Fund.
Moneys deposited into the Fund shall, subject to
appropriation, be used by the Department of Business Services
Corporation Division of the Office of the Secretary of State,
hereinafter "Department" "Division", to create and maintain
the capability to perform expedited services in response to
special requests made by the public for same day or 24 hour
service. Moneys deposited into the Fund shall be used for,
but not limited to, expenditures for personal services,
retirement, social security, contractual services, equipment,
electronic data processing, and telecommunications.
(b) The balance in the Fund at the end of any fiscal
year shall not exceed $400,000 $200,000 and any amount in
excess thereof shall be transferred to the General Revenue
Fund.
(c) All fees payable to the Secretary of State under
this Section shall be deposited into the Fund. No other fees
or taxes collected under this Act shall be deposited into the
Fund.
(d) "Expedited services" means services rendered within
the same day, or within 24 hours from the time, the request
therefor is submitted by the filer, law firm, service
company, or messenger physically in person to the
Department's Division's Springfield Office and includes
requests for certified copies, photocopies, and certificates
of good standing or fact made to the Department's Division's
Springfield Office in person or by telephone, or requests for
certificates of good standing or fact made in person or by
telephone to the Department's Division's Chicago Office.
(e) Fees for expedited services shall be as follows:
Restatement of articles, $100;
Merger, consolidation or exchange, $100;
Articles of incorporation, $50;
Articles of amendment, $50;
Revocation of dissolution, $50;
Reinstatement, $50;
Certificate of authority, $50;
Cumulative report of changes in issued issuance of shares
or paid-in capital, $50;
Report following merger or consolidation, $50;
Certificate of good standing or fact, $10;
All other filings, copies of documents, annual reports
for the 3 preceding years, and copies of documents of
dissolved or revoked corporations having a file number over
5199, $25.
(f) Expedited services shall not be available for a
statement of correction, a petition for refund or adjustment,
or a request involving more than 3 year's annual reports or
involving dissolved corporations with a file number below
5200.
(Source: P.A. 87-512; 88-151; 88-597, eff. 8-28-94.)
Section 15. The General Not For Profit Corporation Act
of 1986 is amended by changing Section 115.20 as follows:
(805 ILCS 105/115.20) (from Ch. 32, par. 115.20)
Sec. 115.20. Expedited service fees.
(a) The Secretary of State may charge and collect a fee
for expedited services as follows:
Certificates of good standing or fact, $10;
All filings, copies of documents, annual reports for up
to 3 years, and copies of documents of dissolved corporations
having a file number over 5199, $25.
(b) Expedited services shall not be available for a
statement of correction, a petition for refund or adjustment,
or any request for copies involving more than 3 year's annual
reports or involving dissolved corporations with a file
number below 5200.
(c) All moneys collected under this Section shall be
deposited into the Department of Business Services Division
of Corporations Special Operations Fund. No other fees or
taxes collected under this Act shall be deposited into that
Fund.
(d) As used in this Section, "expedited services" has
the meaning ascribed thereto in Section 15.95 of the Business
Corporation Act of 1983.
(Source: P.A. 87-512; 88-597, eff. 8-28-94.)
Section 20. The Limited Liability Company Act is amended
by adding Section 50-50 as follows:
(805 ILCS 180/50-50 new)
Sec. 50-50. Department of Business Services Special
Operations Fund.
(a) A special fund in the State treasury is created and
shall be known as the Department of Business Services Special
Operations Fund. Moneys deposited into the Fund shall,
subject to appropriation, be used by the Department of
Business Services of the Office of the Secretary of State,
hereinafter "Department", to create and maintain the
capability to perform expedited services in response to
special requests made by the public for same-day or 24-hour
service. Moneys deposited into the Fund shall be used for,
but not limited to, expenditures for personal services,
retirement, Social Security, contractual services, equipment,
electronic data processing, and telecommunications.
(b) The balance in the Fund at the end of any fiscal year
shall not exceed $400,000, and any amount in excess thereof
shall be transferred to the General Revenue Fund.
(c) All fees payable to the Secretary of State under this
Section shall be deposited into the Fund. No other fees or
taxes collected under this Act shall be deposited into the
Fund.
(d) "Expedited services" means services rendered within
the same day, or within 24 hours from the time, the request
therefor is submitted by the filer, law firm, service
company, or messenger physically in person to the
Department's Springfield Office and includes requests for
certified copies, photocopies, and certificates of good
standing made to the Department's Springfield Office in
person or by telephone, or requests for certificates of good
standing made in person or by telephone to the Department's
Chicago Office.
(e) Fees for expedited services shall be as follows:
Restated articles of organization, $100;
Merger or conversion, $100;
Articles of organization, $50;
Articles of amendment, $50;
Reinstatement, $50;
Application for admission to transact business, $50;
Certificate of good standing or abstract of computer
record, $10;
All other filings, copies of documents, annual reports,
and copies of documents of dissolved or revoked limited
liability companies, $25.
Section 25. The Revised Uniform Limited Partnership Act
is amended by changing Section 1108 and adding Section 1111
as follows:
(805 ILCS 210/1108) (from Ch. 106 1/2, par. 161-8)
Sec. 1108. Renewal Reports. (a) Each certificate of
limited partnership, certificate to be governed by this Act,
and application for admission to transact business filed
under this Act shall be renewed in the manner set forth in
this Section. Each limited partnership or foreign limited
partnership admitted to transact business in this State shall
file, within the time prescribed by this Act, a renewal
report setting forth:
(1) the name of the limited partnership or foreign
limited partnership;
(2) the limited partnership or foreign limited
partnership's file number;
(3) the limited partnership or foreign limited
partnership's federal employer identification number;
(4) if a foreign limited partnership, the jurisdiction
and date of its formation, and a statement that it is
validly existing as a limited partnership under the laws of
that jurisdiction as of the date of filing the report;
(5) the name and address of the registered agent and
registered office that the limited partnership or foreign
limited partnership has appointed or does appoint;
(6) the address of the office at which the records
required by Section 104, regarding a domestic limited
partnership, or Section 902, regarding a foreign limited
partnership, are kept; and
(7) a statement that the limited partnership or foreign
limited partnership is still existing in this State.
(b) Such renewal report shall be made on forms
prescribed and furnished by the Secretary of State, and the
information therein required shall be given as of the date of
its filing. The report shall be executed by the limited
partnership or foreign limited partnership by a general
partner.
(c) Such renewal report, together with all fees as
prescribed by this Act, shall be delivered to the Secretary
of State before the first day of the anniversary month of the
limited partnership or foreign limited partnership every 2
years following the initial filing with the Secretary of
State. Proof to the satisfaction of the Secretary of State
that, before the first day of the anniversary month of the
limited partnership, the report, together with all fees as
prescribed by this Act, was deposited in the United States
mail in a sealed envelope, properly addressed, with postage
prepaid, shall be deemed a compliance with this requirement.
(d) Such renewal report, together with all fees as
prescribed by this Act shall be deemed to be received by the
Secretary of State upon the date of actual receipt thereof by
the Secretary of State. If the Secretary of State finds that
such report conforms to the requirements of this Act, he or
she shall file the same. If he or she finds that it does not
so conform, he or she shall promptly return the same to the
limited partnership or foreign limited partnership for any
necessary corrections, in which event the penalty prescribed
for failure to file such report within the time hereinabove
provided shall not apply if such report is corrected to
conform to the requirements of this Act and returned to the
Secretary of State within 30 days of the date the report was
returned for correction.
(Source: P.A. 85-403.)
(805 ILCS 210/1111 new)
Sec. 1111. Department of Business Services Special
Operations Fund.
(a) A special fund in the State Treasury is created and
shall be known as the Department of Business Services Special
Operations Fund. Moneys deposited into the Fund shall,
subject to appropriation, be used by the Department of
Business Services of the Office of the Secretary of State,
hereinafter "Department", to create and maintain the
capability to perform expedited services in response to
special requests made by the public for same day or 24 hour
service. Moneys deposited into the Fund shall be used for,
but not limited to, expenditures for personal services,
retirement, social security contractual services, equipment,
electronic data processing, and telecommunications.
(b) The balance in the Fund at the end of any fiscal year
shall not exceed $400,000 and any amount in excess thereof
shall be transferred to the General Revenue Fund.
(c) All fees payable to the Secretary of State under this
Section shall be deposited into the Fund. No other fees or
taxes collected under this Act shall be deposited into the
Fund.
(d) "Expedited services" means services rendered within
the same day, or within 24 hours from the time, the request
therefor is submitted by the filer, law firm, service
company, or messenger physically in person to the
Department's Springfield Office or Chicago Office and
includes requests for certified copies, photocopies, and
certificates of existence or abstracts of computer record
made to the Department's Springfield Office in person or by
telephone, or requests for certificates of existence or
abstracts of computer record made in person or by telephone
to the Department's Chicago Office.
(e) Fees for expedited services shall be as follows:
Merger or conversion, $100;
Certificate of limited partnership, $50;
Certificate of amendment, $50;
Reinstatement, $50;
Application for admission to transact business, $50;
Certificate of cancellation of admission, $50;
Certificate of existence or abstract of computer record,
$10.
All other filings, copies of documents, biennial renewal
reports, and copies of documents of canceled limited
partnerships, $25.
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