2023 Illinois Compiled Statutes › Chapter 805 - BUSINESS ORGANIZATIONS › 805 ILCS 180/ - Limited Liability Company Act. › Article 55 - Miscellaneous

(805 ILCS 180/Art. 55 heading)
Article 55.  
		Miscellaneous
(805 ILCS 180/55-1)
Sec. 55-1. Construction and application.
(a) This Act
shall be so applied and construed to effectuate its general
purpose.
(b)  Subject to subsection (b) of Section 15-5, it is the policy of this Act to give maximum effect to the principles of freedom of contract and to the enforceability of operating agreements.
(c)  Rules that statutes in derogation of the common law are to be strictly construed shall have no application to this Act.
(d)  Unless the context otherwise requires, as used in this Act, the singular shall include the plural and the plural shall include the singular. The use of any gender shall be applicable to all genders. The captions contained in this Act are for purposes of convenience only and shall not control or affect the construction of this Act.
(Source: P.A. 99-637, eff. 7-1-17.)
(805 ILCS 180/55-2)
Sec. 55-2. 
		Construction; attorneys at law. 
		The provisions of this Act are
applicable to attorneys at law only to the extent and under such terms and
conditions as the Supreme Court of Illinois determines to be necessary and
appropriate.  Articles of organization of limited liability companies formed to
practice law shall contain such provisions as may be appropriate to comply with
applicable rules of the Supreme Court.
(Source: P.A. 89-686, eff. 12-31-96.)
(805 ILCS 180/55-3)
Sec. 55-3. Relation to Electronic Signatures in Global and National Commerce Act.
This Act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. Section 7003(b).
(Source: P.A. 99-637, eff. 7-1-17.)
(805 ILCS 180/55-5)
Sec. 55-5. 
		
		Judicial review under the Administrative
Review Law.
(a) If the Secretary of State shall fail to approve any
document required by this Act to be approved by the Secretary
of State before the document shall be filed in his or her
office, the Secretary of State shall, within 10 business days
after the delivery thereof to him or her, give written notice
of the disapproval thereof to the person delivering
the document, specifying the reasons therefor.  The decision
of the Secretary of State is subject to judicial review under
the Administrative Review Law.
(b) If the Secretary of State shall revoke any
admission of any foreign
limited liability company under this Act, the
decision shall be subject to judicial review under the
Administrative Review Law.
(c) Appeals may be taken from all final orders and
judgments entered by the circuit court under this Section in
review of any ruling or decision of the Secretary of State
may be taken as in other civil actions by either party to the
proceeding.
(Source: P.A. 87-1062.)
(805 ILCS 180/55-10)
Sec. 55-10. 
		Illinois Administrative Procedure Act. 
		
The Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated herein as if all of the provisions
of that Act were included in this Act, except that the
provisions of subsection (d) of Section 10-65 of the Illinois
Administrative Procedure Act, which provides that at hearing
the licensee has the right to show compliance with all lawful
requirements for retention, continuation, or renewal of the
license, is specifically excluded, and for the purposes of
this Act, the notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed
to the last known address of a party.
(Source: P.A. 88-670, eff. 12-2-94; 89-626, eff. 8-9-96.)
(805 ILCS 180/55-15)
Sec. 55-15. 
		Transitional provisions.
(a) Before January 1, 2000, this amendatory Act of 1997 governs only a
limited liability
company:
(1) organized on or after the effective date of this     amendatory Act of 1997, unless the company is continuing the business of a dissolved limited liability company under this Act; and
(2) organized before the effective date of this     amendatory Act of 1997, that elects, as provided under subsection (c) of this Section, to be governed by this amendatory Act of 1997.
(b) On and after January 1, 2000, this amendatory Act of 1997 governs all
limited liability
companies.
(c) Before January 1, 2000, a limited liability company voluntarily may
elect,
in the manner provided in its operating agreement or by law for
amending the operating agreement, to be governed by this amendatory Act of
1997.
(Source: P.A. 90-424, eff. 1-1-98.)