2023 Illinois Compiled Statutes › Chapter 805 - BUSINESS ORGANIZATIONS › 805 ILCS 180/ - Limited Liability Company Act. › Article 50 - Fees And Other Matters

(805 ILCS 180/Art. 50 heading)
Article 50.  
		Fees and Other Matters
(805 ILCS 180/50-1)
Sec. 50-1. Annual reports.
(a) Each limited liability company organized under the
laws of this State and each foreign limited liability company
admitted to transact business in this State shall file,
within the time prescribed by this Act, an annual report
setting forth all of the following:
(1) The name of the limited liability company.
(2) The address, including street and number or rural     route number, of its registered office in this State and the name of its registered agent at that address.
(3) The address, including street and number or rural     route number of its principal place of business.
(4) The name and business address of all of the     managers and any member having the authority of a manager.
(5) Additional information that may be necessary or     appropriate in order to enable the Secretary of State to administer this Act and to verify the proper amount of fees payable by the limited liability company.
(6) The annual report shall be made on forms     prescribed and furnished by the Secretary of State, and the information therein, required by paragraphs (1) through (4) of subsection (a), both inclusive, shall be given as of the date of execution of the annual report.  The annual report shall be executed by a manager or, if none, a member designated by the members pursuant to limited liability company action properly taken under Section 15-1.
(b) The annual report, together with all fees
and charges prescribed by this Act, shall be delivered
to the Secretary of State within 60 days immediately
preceding the first day of the anniversary month.
Proof to the satisfaction of the Secretary of State that, before the first
day of the anniversary month of the limited liability company, the report,
together with all fees and charges 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.  If the Secretary of
State finds that the report conforms to the requirements
of this Act, he or she shall file it.  If the Secretary of State
finds that it does not so conform, he or she shall
promptly return it to the limited liability company for
any necessary corrections, in which event the penalties
prescribed for failure to file the report within the
time provided shall not apply if the report is
corrected to conform to the requirements of this Act and
returned to the Secretary of State within 60 days of the
original due date of the report.
(Source: P.A. 99-637, eff. 7-1-17.)
(805 ILCS 180/50-5)
Sec. 50-5. List of limited liability companies; exchange of information.
(a) The Secretary of State shall publish a list or lists
of limited liability companies and foreign limited liability
companies as open data, as often as the
Secretary of State may in his or her discretion provide by rule, but no less often than once per month. "Open data" means data that is expressed in a machine-readable form and that is made freely available to the public under an open license, without registration requirement, and without any other restrictions that would impede its use or reuse.
(b) Upon written request, any list published under subsection (a) shall be provided
 to each member of the General Assembly, to each State
agency or department, and to each recorder in this State.
(c) If a domestic or foreign limited liability company has
filed with the Secretary of State an annual report for the preceding
year or has been newly formed or is otherwise and in any manner
registered with the Secretary of State, the Secretary of State shall
exchange with the Department of Healthcare and Family Services

any information concerning that limited liability
company that may be necessary for the enforcement of child
support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse
and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement
of Support Act, the Uniform Interstate Family
Support Act, the Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015.
Notwithstanding any provisions in this Act to the contrary,
the Secretary of State shall not be liable
to any person for any disclosure of information to the Department of Healthcare and Family Services (formerly Illinois
Department of Public Aid) under this subsection  or for any other
action taken in good faith to comply with the requirements of this
subsection.
(d) Public data sets made available pursuant to this Section are provided for information purposes only.  The Secretary of State does not warrant the completeness, accuracy, content, or fitness for any particular purpose or use of any public data set made available on the web portal, nor are such warranties to be implied or inferred with respect to the public data sets furnished under this Act.
(e)  The State is not liable for any deficiencies in the completeness, accuracy, content, or fitness for any particular purpose or use of any public data set or any third-party application utilizing such data set, unless such deficiencies are the result of willful or wanton action of the Secretary of State or its employees or agents.
(Source: P.A. 102-49, eff. 1-1-22.)
(805 ILCS 180/50-10)
Sec. 50-10. Fees.
(a) The Secretary of State shall charge and collect in
accordance with the provisions of this Act and rules
promulgated under its authority all of the following:
(1) Fees for filing documents.
(2) Miscellaneous charges.
(3) Fees for copies
of any documents.
(b) The Secretary of State shall charge and collect for
all of the following:
(1) Filing articles of organization (domestic),     application for admission (foreign), and restated articles of organization (domestic), $150. Notwithstanding the foregoing, the fee for filing articles of organization (domestic), application for admission (foreign), and restated articles of organization (domestic) in connection with a limited liability company with a series or the ability to establish a series pursuant to Section 37-40 of this Act is $400.
(2) Filing amendments (domestic or foreign), $50.
(3) Filing a statement of termination or application     for withdrawal, $5.
(4) Filing an application to reserve a name, $25.
(5) Filing a notice of cancellation of a reserved     name, $5.
(6) Filing a notice of a transfer of a reserved name,     $25.
(7) Registration of a name, $50.
(8) Renewal of registration of a name, $50.
(9) Filing an application for use of an assumed name     under Section 1-20 of this Act, $150 for each year or part thereof ending in 0 or 5, $120 for each year or part thereof ending in 1 or 6, $90 for each year or part thereof ending in 2 or 7, $60 for each year or part thereof ending in 3 or 8, $30 for each year or part thereof ending in 4 or 9, and a renewal for each assumed name, $150.
(9.5) Filing an application for change of an assumed     name, $25.
(10) Filing an application for cancellation of an     assumed name, $5.
(11) Filing an annual report of a limited liability     company or foreign limited liability company, $75, if filed as required by this Act, plus a penalty if delinquent. Notwithstanding the foregoing, the fee for filing an annual report of a limited liability company or foreign limited liability company is $75 plus $50 for each series for which a certificate of designation has been filed pursuant to Section 37-40 of this Act and is in effect on the last day of the third month preceding the company's anniversary month, plus a penalty if delinquent.
(12) Filing an application for reinstatement of a     limited liability company or foreign limited liability company, $200.
(13) Filing articles of merger, $100 plus $50 for     each party to the merger in excess of the first 2 parties.
(14) (Blank).
(15) Filing a statement of change of address of     registered office or change of registered agent, or both, or filing a statement of correction, $25.
(16) Filing a petition for refund, $5.
(17)  Filing a certificate of designation of a     limited liability company with a series pursuant to Section 37-40 of this Act, $50.
(18) (Blank).
(19) Filing, amending, or cancelling a statement of     authority, $50.
(20) Filing, amending, or cancelling a statement of     denial, $10.
(21) Filing any other document, $5.
(22) For furnishing a copy or certified copy of any     document, instrument, or paper relating to a limited liability company or foreign limited liability company, or for a certificate, $25.
(c) (Blank).
(Source: P.A. 101-81, eff. 7-12-19; 101-578, eff. 8-26-19; 102-49, eff. 1-1-22.)
(805 ILCS 180/50-15)
Sec. 50-15. Penalty.
(a) The Secretary of State shall declare any limited
liability company or foreign limited liability company to be
delinquent and not in good standing if any of the following
occur:
(1) It has failed to file its annual report and pay     the requisite fee as required by this Act before the first day of the anniversary month in the year in which it is due.
(2) It has failed to appoint and maintain a     registered agent in Illinois within 60 days of notification of the Secretary of State by the resigning registered agent.
(3) (Blank).
(b) If the limited liability company or foreign limited
liability company has not corrected the default within the
time periods prescribed by this Act, the Secretary of State
shall be empowered to invoke any of the following penalties:
(1) For failure or refusal to comply with subsection     (a) of this Section before the first day of the second month after the anniversary month, a penalty of $100 plus $100 for each year or fraction thereof beginning with the second year of delinquency until returned to good standing or until reinstatement is effected.
(2) The Secretary of State shall not file any     additional documents, amendments, reports, or other papers relating to any limited liability company or foreign limited liability company organized under or subject to the provisions of this Act until any delinquency under subsection (a) is satisfied.
(3) In response to inquiries received in the Office     of the Secretary of State from any party regarding a limited liability company that is delinquent, the Secretary of State may show the limited liability company as not in good standing.
(Source: P.A. 100-753, eff. 1-1-19.)
(805 ILCS 180/50-20)
Sec. 50-20. 
		
		Powers of Secretary of State and
rulemaking.
(a) The Secretary of State shall have the power and
authority reasonably necessary to administer this Act
efficiently and to perform the duties herein imposed.  The
Secretary of State's function under this Act is to be a
central depository for the articles of organization of
limited liability companies and applications for admission
required by this Act and to record the assumed names used by
limited liability companies and foreign limited liability
companies.
(b) The Secretary of State shall have the power and
authority to promulgate rules, in accordance with the
Illinois Administrative Procedure Act, necessary to
administer this Act efficiently and to perform the duties
therein imposed.
(Source: P.A. 87-1062.)
(805 ILCS 180/50-25)
Sec. 50-25. 
		Certified copies and certificates.
(a) Copies, photostatic or otherwise, any and all
documents filed in the Office of the Secretary of State in
accordance with the provisions of this Act, when certified by
the Secretary of State under the Great Seal of the State of
Illinois, shall be taken and received in all courts, public
offices, and official bodies as prima facie evidence of the
facts therein stated.
(b) Certificates by the Secretary of State under the
Great Seal of the State of Illinois as to the existence or
nonexistence of facts relating to limited liability companies
or foreign limited liability companies, which would not
appear from a certified copy of any document, shall be taken
and received in all courts, public offices, and official
bodies as prima facie evidence of the existence or
nonexistence of the facts therein stated.
(Source: P.A. 87-1062.)
(805 ILCS 180/50-30)
Sec. 50-30. 
		(Repealed).
(Source: P.A. 87-1062. Repealed by P.A. 91-354, eff. 1-1-00.)
(805 ILCS 180/50-35)
Sec. 50-35. 
		Forms. 
		All documents required by this
Act to be filed in the Office of the Secretary of State shall
be made on forms prescribed and furnished by
the Secretary of State.
(Source: P.A. 87-1062.)
(805 ILCS 180/50-40)
Sec. 50-40. 
		File number. 
		All documents required by
this Act to be filed in the Office of the Secretary of State,
with the exception of the initial filing, shall contain the
file number assigned by the Secretary of State.
(Source: P.A. 87-1062.)
(805 ILCS 180/50-45)
Sec. 50-45. Certificate of registration; attorneys at law.
(a) A limited
liability company that is organized to practice law may not engage in the
practice
of law without a certificate of registration from the Supreme Court of
Illinois.  Application for registration shall be made in writing and shall
contain the name and address of the limited liability company and such other
information as may be required by the Supreme Court.  Upon receipt of the
application, if the Supreme Court finds that the organizers, members, and
managers are each licensed to practice law, no disciplinary action is
pending against any of them, and
it appears that the limited liability company will be conducted in compliance
with the law and the rules of the Supreme Court, the Supreme Court may issue,
upon payment of a registration fee of $50, a certificate of registration.
Upon written application of the certificate holder and upon completion of a
form prescribed by the Supreme Court, the Supreme Court may renew the
certificate if it finds that the limited liability company has complied with
the Supreme Court's rules and the provisions of this Act.  The fee for the
renewal of a
certificate of registration is $40 per year.
The applications submitted and fees payable to the Supreme Court shall be in
addition to the documents, amendments, and reports filed with and the fees and
penalties charged by the Secretary of State.
The certificate of registration shall be conspicuously posted upon the
premises to which it is applicable, and the limited liability company may
have only those offices that are designated by street address in the articles
of organization or as changed by amendment of those articles.  A certificate
of registration is not assignable.
(b) Moneys collected under this Section shall be deposited into the Supreme Court Special Purposes Fund.
(c) After the effective date of this amendatory Act of the 98th General Assembly, the amount of any fee collected under this Section may be set by Supreme Court rule, except that the amount of the fees shall remain as set by statute until the Supreme Court adopts rules specifying a higher or lower fee amount.
(Source: P.A. 98-324, eff. 10-1-13.)
(805 ILCS 180/50-50)
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
$600,000,
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 charges 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 or, at the Secretary of State's discretion,
by electronic means, to the Department's Springfield Office and
includes, but is not limited to,
requests for certified copies, photocopies, and computer abstracts 
made in person to the
Department's Springfield Office or to the Department's Chicago
Office. A request submitted by electronic means may not be considered a request for expedited services solely because of its submission by electronic means, unless expedited service is requested by the filer.
(e) Fees for expedited services shall be as follows:
Restated articles of organization, $200;
Merger, $200;
Articles of organization, $100;
Articles of amendment, $100;
Reinstatement, $100;
Application for admission to transact business, $100;
Computer abstract, $20;
All other filings, copies of documents and copies of     documents of dissolved or revoked limited liability companies, $50.
(f) The Secretary may not provide expedited services for the online electronic filing of annual reports or requests for certificates of good standing.
(Source: P.A. 100-186, eff. 7-1-18; 100-561, eff. 7-1-18; 101-81, eff. 7-12-19; 101-578, eff. 8-26-19.)
(805 ILCS 180/50-55)
Sec. 50-55. Disposition of fees. Of the total money collected for the filing of annual reports under this Act, $10 of the filing fee shall be paid into the Department of Business Services Special Operations Fund.  The remaining money collected for the filing of annual reports under this Act shall be deposited into the General Revenue Fund in the State Treasury.
(Source: P.A. 103-8, eff. 6-7-23.)