2023 Illinois Compiled Statutes › Chapter 815 - BUSINESS TRANSACTIONS › 815 ILCS 602/ - Business Opportunity Sales Law of 1995. › Article 5

(815 ILCS 602/Art. 5 heading)
ARTICLE 5
(815 ILCS 602/5-1)
Sec. 5-1. 
		Short title. 
		This Article shall be known and may be
cited as the  Business Opportunity Sales Law of 1995.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-5)
Sec. 5-5. 
		Definitions. 
		As used in this Law, the terms
defined in the Sections following this Section and preceding
Section 5-6 have the meanings ascribed therein.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-5.05)
Sec. 5-5.05. 
		Advertising. 
		"Advertising" means any
circular, prospectus, advertisement or other material or any
electronic communication including, but not limited to, radio,
television, pictures or similar means
used in connection with an offer or sale of any business
opportunity.
(Source: P.A. 92-308, eff. 1-1-02.)
(815 ILCS 602/5-5.10)
Sec. 5-5.10. 
		Business opportunity.
(a) "Business opportunity" means a contract or agreement,
between a seller and purchaser, express or implied, orally or in
writing, wherein it is agreed that the seller or a person
recommended by the seller shall provide to the purchaser any
product, equipment, supplies or services enabling the purchaser
to start a business when the purchaser is required to make a payment to the
seller or a person recommended by the seller and the
seller represents directly or indirectly, orally or in writing, any of the
following, that:
(1) the seller or a person recommended by the seller     will provide or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases or other similar devices, on premises neither owned nor leased by the purchaser or seller;
(2) the seller or a person recommended by the seller     will provide or assist the purchaser in finding outlets or accounts for the purchaser's products or services;
(3) the seller or a person specified by the seller     will purchase any or all products made, produced, fabricated, grown, bred or modified by the purchaser;
(4) the seller guarantees that the purchaser will     derive income from the business which exceeds the price paid to the seller;
(5) the seller will refund all or part of the price     paid to the seller, or repurchase any of the products, equipment or supplies provided by the seller or a person recommended by the seller, if the purchaser is dissatisfied with the business; or
(6) the seller will provide a marketing plan,     provided that this Law shall not apply to the sale of a marketing plan made in conjunction with the licensing of a federally registered trademark or federally registered service mark.
(b) "Business opportunity" does not include:
(1) any offer or sale of an ongoing business operated     by the seller and to be sold in its entirety;
(2) any offer or sale of a business opportunity to an     ongoing business where the seller will provide products, equipment, supplies or services which are substantially similar to the products, equipment, supplies or services sold by the purchaser in connection with the purchaser's ongoing business;
(3) any offer or sale of a business opportunity which     is a franchise as defined by the Franchise Disclosure Act of 1987;
(4) any offer or sale of a business opportunity which     is registered pursuant to the Illinois Securities Law of 1953;
(5) (blank);
(6) any offer or sale of a business opportunity by an     executor, administrator, sheriff, marshal, receiver, trustee in bankruptcy, guardian or conservator or a judicial offer or sale, of a business opportunity; or
(7) cash payments made by a purchaser not exceeding     $500 and the payment is made for the not-for-profit sale of sales demonstration equipment, material or samples, or the payment is made for product inventory sold to the purchaser at a bona fide wholesale price.
		(Source: P.A. 91-357, eff. 7-29-99; 91-809, eff.
1-1-01; 92-308, eff. 1-1-02.)
(815 ILCS 602/5-5.15)
Sec. 5-5.15. 
		Marketing plan. 
		"Marketing plan" means advice
or training, provided to the purchaser by the seller or a person
recommended by the seller, pertaining specifically to the sale of any
enterprise, product, equipment, supplies or services and the advice or
training includes, without limitation, preparing
or providing:
(1) promotional literature, brochures, pamphlets, or     advertising materials;
(2) training, regarding the promotion, operation or     management of the business opportunity; or
(3) operational, managerial, or financial guidelines     or assistance or continuing technical support.
(Source: P.A. 92-308, eff. 1-1-02.)
(815 ILCS 602/5-5.20)
Sec. 5-5.20. 
		Offer or offer to sell. 
		"Offer" or "offer to
sell" includes every attempt to dispose of a business
opportunity for value or solicitation of an offer to purchase a
business opportunity.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-5.25)
Sec. 5-5.25. 
		Ongoing business. 
		"Ongoing business" means
an existing business that, for at least 6 months prior to the
offer, has been operated from a specific location, has been open
for business to the general public and has substantially all of
the equipment and supplies necessary for operating the business.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-5.30)
Sec. 5-5.30. 
		Person. 
		"Person" means an individual,
corporation, trust, partnership, a joint stock company, limited liability
partnership, limited liability company,
incorporated or unincorporated association or any other entity.
(Source: P.A. 92-308, eff. 1-1-02.)
(815 ILCS 602/5-5.35)
Sec. 5-5.35. 
		Purchaser. 
		"Purchaser" means a person who
enters into a contract or agreement for the acquisition of a
business opportunity or a person to whom an offer to sell a
business opportunity is directed.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-5.40)
Sec. 5-5.40. 
		Sale or sell. 
		"Sale" or "Sell" means every
contract or agreement of sale, contract to sell, disposition of
a business opportunity or interest in a business opportunity for
value.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-5.45)
Sec. 5-5.45. 
		Seller. 
		"Seller" means a person who sells or
offers to sell a business opportunity or any agent or person who
directly or indirectly acts on behalf of such person.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-5.50)
Sec. 5-5.50. 
		Secretary of State. 
		"Secretary of State"
means the Secretary of State of Illinois.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-10)
Sec. 5-10. Exemptions. Registration pursuant to Section 5-30
shall not apply to any of the
following:
(a) Any offer or sale of a business opportunity for which
the immediate cash payment made by the purchaser for any
business opportunity is at least $25,000 if the immediate cash
payment does not exceed  20% of the purchaser's net worth as
determined exclusive of principal residence, furnishings
therein, and automobiles; provided, however, the Secretary of
State may by rule or regulation withdraw or further condition
the availability of this exemption.
(b) Any offer or sale of a business opportunity which
the seller does not advertise, solicit, or sell for an initial payment to the seller or a
person recommended by the seller exceeding $500.
(c) Any offer or sale of a business opportunity where the
seller has a net worth of not less than $1,000,000 as determined
on the basis of the seller's most recent audited financial
statement, prepared within 13 months of the first offer in this
State. Net worth may be determined on a consolidated basis where
the seller is at least 80% owned by one person and that person
expressly guarantees the obligations of the seller with regard
to the offer or sale of any business opportunity claimed to be
exempt under this subsection. The Secretary of State may by rule
or regulation withdraw or further condition the availability of
this exemption.
(d) Any offer or sale of a business opportunity where the
purchaser has a net worth of not less than $250,000. Net worth
shall be determined exclusive of principal residence,
furnishings therein, and automobiles. The Secretary of State may
by rule or regulation withdraw or further condition the
availability of this exemption.
(e) Any offer or sale of a business opportunity where the
purchaser is a bank, savings and loan association, trust
company, insurance company, credit union, or investment company
as defined by the federal Investment Company Act of 1940,
pension or profit sharing trust, or other financial institution
or institutional buyer, or a dealer registered under the
Illinois Securities Law of 1953,
where the purchaser is acting for itself or in a fiduciary
capacity.
(f) Any offer or sale of a business opportunity which is
defined as a franchise under the Franchise Disclosure Act of 1987 provided that
the seller delivers to each purchaser 14 days prior to the earlier
of the execution by a purchaser of any contract or agreement
imposing a binding legal obligation on the purchaser or the
payment by a purchaser of any consideration in connection with
the offer or sale of the business opportunity, a disclosure document prepared in accordance with the requirements of Section 16 of the Illinois Franchise Disclosure Act of 1987, as it may be amended.
(g) Any offer or sale of a business opportunity for which
the cash payment required to be made by a purchaser for any business
opportunity does not exceed $500 and the payment is made for the
not-for-profit sale of sales demonstration equipment, material,
or samples or the payment is made for product inventory sold to
the purchaser at a bona fide wholesale price.
(h) Any offer or sale of a business opportunity which the
Secretary of State exempts by order or a class of business
opportunities which the Secretary of State exempts by rule or
regulation upon the finding that such exemption would not be
contrary to public interest and that registration would not be
necessary or appropriate for the protection of purchasers.
(Source: P.A. 96-648, eff. 10-1-09.)
(815 ILCS 602/5-15)
Sec. 5-15. Denial or revocation of exemptions.
(a) The Secretary of State may by order deny or revoke any
exemption specified in Section 5-10 of this Law with respect to a
particular offering of one or more business opportunities. No
such order may be entered without appropriate prior notice to
all interested parties, opportunity for hearing, and written
findings of fact and conclusions of law.
(b) If the public interest or the protection of purchasers
so requires, the Secretary of State may by summary order deny or
revoke any of the specified exemptions pending final
determination of any proceedings under this Section. Upon the
entry of the order, the Secretary of State shall promptly notify
all interested parties that it has been entered and of the
reasons therefor and that
the matter will be set for hearing upon written request filed with the
Secretary of State
within 30 days after the receipt of  the request by the respondent. If no
hearing is requested and none is ordered by the Secretary of
State, the order will remain in effect until it is modified or
vacated by the Secretary of State. If a hearing is requested and
none is ordered by the Secretary of State, the order will remain
in effect until it is modified or vacated by the Secretary of
State. If a hearing is requested or ordered, the Secretary of
State, after notice of an opportunity for hearing to all
interested
persons, may modify or vacate the order or extend it
until final determination.
(c) No order under this Section may operate retroactively.
(d) No person may be considered to have violated Section 5-25
by reason of any offer or sale effected after the entry of an
order under paragraph (1) of Section 5-65 of this Law if he or she sustains the
burden of proof that he or she did not know, and in the exercise
of reasonable care could not have known, of the order.
(e) Notwithstanding any provision to the contrary, this Law shall not
apply to (i) any dealer, salesperson, or investment adviser registered
under the
Illinois Securities Law of 1953 or any investment adviser
representative, or any person who is regularly engaged in the business of
offering or selling securities in a transaction exempted under subsection C, H,
M, R, Q, or S of Section 4 of the Illinois Securities Law of 1953 or subsection
G of Section 4 of the Illinois Securities Law of 1953 provided that such person
is registered under the federal securities law,
(ii) an associated person described in subdivision (h)(2) of Section 15 of
the Federal 1934 Act, (iii) an investment adviser registered under
Section 203 of the Federal 1940 Investment Advisers Act, or (iv) a person
described in subdivision (a)(11) of Section 202 of the Federal 1940 Investment Advisers
 Act.
(f) This Law shall not be deemed to apply in any manner, directly or
indirectly, to: (i) a State bank or national bank, as those terms are defined
in the Illinois Banking Act, or any subsidiary of a State bank or national
bank;
(ii) a bank holding company, as that term is defined in the Illinois Bank
Holding Company Act of 1957, or any subsidiary of a bank holding company; (iii)
a foreign banking corporation, as that term is defined in the Foreign Banking
Office Act, or any subsidiary of a foreign banking corporation; (iv) a
representative  office, as that term is defined in the Foreign Bank
Representative Office Act, (v) a corporate fiduciary, as that term is defined
in the Corporate Fiduciary Act, or any subsidiary of a corporate fiduciary;
(vi) a savings bank organized under the Savings Bank Act, or a federal savings
bank organized under federal law, or any subsidiary of a savings bank or
federal savings bank; (vii) a savings bank holding company organized under the
Savings Bank Act, or any subsidiary of a savings bank holding company; (viii)
an association or federal association, as those terms are defined in the
Illinois Savings and Loan Act of 1985, or any subsidiary of an association or
federal association; (ix) a foreign savings and loan association or foreign
savings bank subject to the Illinois Savings and Loan Act of 1985, or any
subsidiary of a foreign savings and loan association or foreign savings bank;
or (x) a savings and loan association holding company, as that term is defined
in the Illinois Savings and Loan Act of 1985, or any subsidiary of a savings
and loan association holding company.
(Source: P.A. 100-201, eff. 8-18-17.)
(815 ILCS 602/5-20)
Sec. 5-20. 
		Burden of proof and evidentiary matters.
(a) In any administrative, civil,
or criminal proceeding related to this Law, the burden of
proving an exemption, an exception from a definition or an
exclusion from this Law is upon the person claiming it.
(b) In any action, administrative, civil, or criminal, a certificate under
the seal of the State of Illinois, signed by the Secretary of State, attesting
to the filing of or the absence of any filing of any document or record with
the Secretary of State under this Act, shall constitute prima facie evidence of
such filing or of the absence of the filing, and shall be admissible in
evidence in any administrative, criminal, or civil action.
(c) In any administrative, civil, or criminal action, the Secretary of State
may issue a certificate  under the seal of the State of Illinois, signed by the
Secretary of State, showing that any document or record is a true and exact
copy, photocopy or otherwise, of the record or document on file with the
Secretary of State under this Act; and such certified document or record shall
be admissible in  evidence with the same effect as the original document or
record would
have if actually produced.
(d) Any certificate pursuant to subsection (b) or (c) of this Section shall
be furnished by the Secretary of State upon an application therefor in the form
and manner prescribed by the Secretary of State by rule, and shall be
accompanied by payment of a non-refundable certification
fee in the amount specified by rule or by order of the Secretary of State.
(Source: P.A. 92-308, eff. 1-1-02.)
(815 ILCS 602/5-25)
Sec. 5-25. 
		Registration requirement. 
		It is unlawful for any
person to offer or sell any business opportunity in this State
unless the business opportunity is registered under this Law or
is exempt under Section 5-10 of this Law.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-30)
Sec. 5-30. Registration.
(a) In order to register a business opportunity, the seller
shall file with the Secretary of State one of the following
disclosure documents with the appropriate cover sheet as
required by subsection (b) of Section 5-35 of this Law, a consent to service of
process as specified in subsection (b) of this Section, and the
appropriate fee as required by subsection (c) of this Section
which is not returnable in any event:
(1) The Business Opportunity Disclosure Document     which the Secretary of State may prescribe by rule or regulation; or
(2) A disclosure document prepared pursuant to the     Federal Trade Commission rule entitled Disclosure Requirements and Prohibitions Concerning Franchising, 16 C.F.R. Part 436, or the Federal Trade Commission rule entitled Disclosure Requirements and Prohibitions Concerning Business Opportunities, 16 C.F.R. Part 437, as they may be amended; or
(3) A disclosure document prepared pursuant to     subsection (b) of Section 5-35 of this Law.
(b) Every seller shall file, in the form as the Secretary
of State may prescribe, an irrevocable consent appointing the
Secretary of State or the successor in office to be the seller's
attorney to receive service of any lawful process in any
noncriminal suit, action or proceeding against the seller or the
seller's successor, executor or administrator which arises under
this Law after the consent has been filed, with the same force
and validity as if served personally on the person filing the
consent. Service may be made by delivering a copy of the process
in the office of the Secretary of State, but is not effective
unless the plaintiff or petitioner in a suit, action or
proceeding, forthwith sends notice of the service and a copy of
the process by registered or certified mail, return receipt
requested, to the defendant's or respondent's most current
address on file with the Secretary of State, and the plaintiff's
affidavit of compliance with this subsection is filed in the
case on or before the return date of the process, if any, or
within such further time as the court allows.
(c)(1) The Secretary of State shall by rule or regulation     impose and shall collect fees necessary for the administration of this Law including, but not limited to, fees for the following purposes:
(A) filing a disclosure document and renewal fee;
(B) interpretive opinion fee;
(C) acceptance of service of process pursuant to         subsection (b) of Section 5-145;
(D) issuance of certification pursuant to Section         5-20; or
(E) late registration fee pursuant to Section         5-30(g).
(2) The Secretary of State may, by rule or     regulation, raise or lower any fee imposed by, and which he or she is authorized by law to collect under this Law.
(d) A registration automatically becomes effective upon
the expiration of the 10th full business day after a complete
filing, provided that no order has been issued or proceeding
pending under Section 5-45 of this Law. The Secretary of State may
by order waive or reduce the time period prior to effectiveness,
provided that a complete filing has been made. The Secretary of
State may by order defer the effective date until the expiration
of the 10th full business day after the filing of any amendment.
(e) The registration is effective for one year commencing on
the date of effectiveness and may be renewed annually upon the
filing of a current disclosure document accompanied by any
documents or information that the Secretary of State may by rule
or regulation or order require. The annual renewal fee shall be
in the same amount as the initial registration fee as
established under subsection (c) of Section 5-30 of this Law which shall not be
returnable in any event. Failure to renew upon the close of the
one year period of effectiveness will result in expiration of the
registration. The Secretary of State may by rule or regulation
or order require the filing of a sales report.
(f) The Secretary of State may by rule or regulation or
order require the filing of all proposed literature or
advertising prior to its use.
(g) Notwithstanding the foregoing, applications for renewal of
registration of business opportunities may be filed within 30  days  following
the expiration of the registration provided that the applicant pays the annual
registration fee together with an additional amount equal to the annual
registration fee and files any other information or documents that the
Secretary of State
may prescribe by  rule or order.  Any application filed within 30 days
following the expiration of the  registration shall be automatically effective
as of the time of the earlier expiration provided that the proper fee has been
paid to the Secretary of State.
(Source: P.A. 96-648, eff. 10-1-09.)
(815 ILCS 602/5-35)
Sec. 5-35. Disclosure requirements.
(a) It shall be unlawful for any person to offer or, sell
any business opportunity required to be registered under this
Law unless a written disclosure document as filed under subsection (a) of
Section
5-30 of this Law is delivered to each purchaser at least 14 days prior to the execution by a purchaser of any
contract or agreement imposing a binding legal obligation on the
purchaser or the payment by a purchaser of any consideration in
connection with the offer or sale of the business opportunity.
(b) The disclosure document shall have a cover sheet which
is entitled, in at least 10-point bold type, "DISCLOSURE
REQUIRED BY THE STATE OF ILLINOIS." Under the title shall appear
the statement in at least 10-point bold type that "THE
REGISTRATION OF THIS BUSINESS OPPORTUNITY DOES NOT CONSTITUTE
APPROVAL, RECOMMENDATION OR ENDORSEMENT BY THE STATE OF
ILLINOIS. THE INFORMATION CONTAINED IN THIS DISCLOSURE DOCUMENT
HAS NOT BEEN VERIFIED BY THIS STATE. IF YOU HAVE ANY QUESTIONS
OR CONCERNS ABOUT THIS INVESTMENT, SEEK PROFESSIONAL ADVICE
BEFORE YOU SIGN A CONTRACT OR MAKE ANY PAYMENT. YOU ARE TO BE
PROVIDED 10 BUSINESS DAYS TO REVIEW THIS DOCUMENT BEFORE SIGNING
ANY CONTRACT OR AGREEMENT OR MAKING ANY PAYMENT TO THE SELLER OR
THE SELLER'S REPRESENTATIVE". The seller's name and principal
business address, along with the date of the disclosure document
shall also be provided on the cover sheet. No other information
shall appear on the cover sheet. The disclosure document shall
contain the following information unless the seller uses a
disclosure document as provided in paragraph (1) or (2) of subsection (a) of
Section 5-30
of this Law:
(1) The names and residential addresses of those     salespersons who will engage in the offer or sale of the business opportunity in this State.
(2) The name of the seller, whether the seller is     doing business as an individual, partnership or corporation; the names under which the seller has conducted, is conducting or intends to conduct business; and the name of any parent or affiliated company that will engage in business transactions with purchasers or which will take responsibility for statements made by the seller.
(3) The names, addresses and titles of the seller's     officers, directors, trustees, general managers, principal executives, agents, and any other persons charged with responsibility for the seller's business activities relating to the sale of the business opportunity.
(4) Prior business experience of the seller relating     to business opportunities including:
(A) The name, address, and a description of any         business opportunity previously offered by the seller;
(B) The length of time the seller has offered         each such business opportunity; and
(C) The length of time the seller has conducted         the business opportunity currently being offered to the purchaser.
(5) With respect to persons identified in item (3) of     this subsection:
(A) A description of the persons' business         experience for the 10 year period preceding the filing date of this disclosure document. The description of business experience shall list principal occupations and employers; and
(B) A listing of the persons' educational and         professional backgrounds including, the names of schools attended and degrees received, and any other information that will demonstrate sufficient knowledge and experience to perform the services proposed.
(6) Whether the seller or any person identified in     item (3) of this subsection:
(A) Has been convicted of any felony, or pleaded         nolo contendere to a felony charge, or has been the subject of any criminal, civil or administrative proceedings alleging the violation of any business opportunity law, securities law, commodities law, franchise law, fraud or deceit, embezzlement, fraudulent conversion, restraint of trade, unfair or deceptive practices, misappropriation of property or comparable allegations;
(B) Has filed in bankruptcy, been adjudged         bankrupt, been reorganized due to insolvency, or was an owner, principal officer or general partner or any other person that has so filed or was so adjudged or reorganized during or within the last 7 years.
(7) The name of the person identified in item (6) of     this subsection, nature of and parties to the action or proceeding, court or other forum, date of the institution of the action, docket references to the action, current status of the action or proceeding, terms and conditions or any order or decree, the penalties or damages assessed and terms of settlement.
(8) The initial payment required, or when the exact     amount cannot be determined, a detailed estimate of the amount of the initial payment to be made to the seller.
(9) A detailed description of the actual services the     seller agrees to perform for the purchaser.
(10) A detailed description of any training the     seller agrees to provide for the purchaser.
(11) A detailed description of services the seller     agrees to perform in connection with the placement of equipment, products or supplies at a location, as well as any agreement necessary in order to locate or operate equipment, products or supplies on a premises neither owned nor leased by the purchaser or seller.
(12) A detailed description of any license or permit     that will be necessary in order for the purchaser to engage in or operate the business opportunity.
(13) The business opportunity seller that is required     to secure a bond under Section 5-50 of this Law, shall state in the disclosure document "As required by the State of Illinois, the seller has secured a bond issued by (insert name and address of surety company), a surety company, authorized to do business in this State. Before signing a contract or agreement to purchase this business opportunity, you should check with the surety company to determine the bond's current status.".
(14) Any representations made by the seller to the     purchaser concerning sales or earnings that may be made from this business opportunity, including, but not limited to:
(A) The bases or assumptions for any actual,         average, projected or forecasted sales, profits, income or earnings;
(B) The total number of purchasers who, within a         period of 3 years of the date of the disclosure document, purchased a business opportunity involving the product, equipment, supplies or services being offered to the purchaser; and
(C) The total number of purchasers who, within 3         years of the date of the disclosure document, purchased a business opportunity involving the product, equipment, supplies or services being offered to the purchaser who, to the seller's knowledge, have actually received earnings in the amount or range specified.
(15) Any seller who makes a guarantee to a purchaser     shall give a detailed description of the elements of the guarantee. Such description shall include, but shall not be limited to, the duration, terms, scope, conditions and limitations of the guarantee.
(16) A statement of:
(A) The total number of business opportunities         that are the same or similar in nature to those that have been sold or organized by the seller;
(B) The names and addresses of purchasers who         have requested a refund or rescission from the seller within the last 12 months and the number of those who have received the refund or rescission; and
(C) The total number of business opportunities         the seller intends to sell in this State within the next 12 months.
(17) A statement describing any contractual     restrictions, prohibitions or limitations on the purchaser's conduct. Attach a copy of all business opportunity and other contracts or agreements proposed for use or in use in this State including, without limitation, all lease agreements, option agreements, and purchase agreements.
(18) The rights and obligations of the seller and the     purchaser regarding termination of the business opportunity contract or agreement.
(19) A statement accurately describing the grounds     upon which the purchaser may initiate legal action to terminate the business opportunity contract or agreement.
(20) A copy of the most recent audited financial     statement of the seller, prepared within 13 months of the first offer in this State, together with a statement of any material changes in the financial condition of the seller from that date. The Secretary of State may accept the filing of a reviewed financial statement in lieu of an audited financial statement.
(21) A list of the states in which this business     opportunity is registered.
(22) A list of the states in which this disclosure     document is on file.
(23) A list of the states which have denied,     suspended or revoked the registration of this business opportunity.
(24) A section entitled "Risk Factors" containing a     series of short concise statements summarizing the principal factors which make this business opportunity a high risk or one of a speculative nature. Each statement shall include a cross-reference to the page on which further information regarding that risk factor can be found in the disclosure document.
(25) Any additional information as the Secretary of     State may require by rule, regulation, or order.
(Source: P.A. 96-648, eff. 10-1-09.)
(815 ILCS 602/5-40)
Sec. 5-40. 
		Contract or agreement provisions.
(a) It is unlawful for any person to offer or sell any
business opportunity required to be registered unless the
business opportunity contract or agreement is in writing and a
copy of the contract or agreement is given to the purchaser at
the time the purchaser signs the contract or agreement.
(b) Contracts or agreements shall set forth in at least
ten-point type or equivalent size, if handwritten, the following:
(1) The terms and conditions of any and all payments     due to the seller;
(2) The seller's principal business address and the     name and address of the seller's agent in this State authorized to receive service of process;
(3) The business form of the seller, whether     corporate, partnership, or otherwise;
(4) The delivery date or, when the contract provides     for a periodic delivery of items to the purchaser, the approximate delivery date of the product, equipment, or supplies the seller is to deliver to the purchaser to enable the purchaser to start his or her business; and
(5) Whether the product, equipment, or supplies are     to be delivered to the purchaser's home or business address or are to be placed or caused to be placed by the seller at locations owned or managed by persons other than the purchaser.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-45)
Sec. 5-45. 
		Denial, suspension, or revocation of registration.
(a) The Secretary of State may issue an order denying
effectiveness to, or suspending or revoking the effectiveness
of, a registration if the Secretary of State finds that the
order is in the public interest and that any of the following exist:
(1) The registration as of its effective date or as     of any earlier date in the case of an order denying effectiveness, or any amendment as of its effective date, or any report is incomplete in any material respect or contains any statement which was, in the light of the circumstances under which it was made, false or misleading with respect to any material fact.
(2) Any provision of this Law or any rule,     regulation, order, or condition lawfully imposed under this Law has been willfully violated, in connection with the business opportunity:
(A) by the person filing the registration; or
(B) by the seller, any partner, officer, or         director of the seller, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling or controlled by the seller, but only if the person filing the registration is directly or indirectly controlled by or acting for the seller.
(3) The business opportunity registered or sought to     be registered is the subject of an administrative order denying, suspending or revoking a registration or a permanent or temporary injunction or final order of any court of competent jurisdiction; but the Secretary of State:
(A) may not institute a proceeding against an         effective registration under this paragraph more than one year from the date of the order or injunction relied on; and
(B) may not enter an order under this paragraph         on the basis of an order or injunction entered under any other State Act unless that order or injunction was based on facts which would currently constitute a ground for an order under this Section.
(4) The seller's enterprise or method of business, or     that of the business opportunity, includes or would include activities which are illegal where performed.
(5) The business opportunity or the offering of a     business opportunity has worked or tended to work a fraud upon purchasers or would so operate.
(6) There has been a failure to file any documents or     information required by Section 5-30 of this Law.
(7) The seller has failed to pay the proper filing     fee but the Secretary of State may enter only a denial order under this paragraph and the Secretary of State shall vacate any such order when the deficiency has been corrected.
(8) The seller's literature or advertising is     misleading, incorrect, incomplete or deceptive.
(b) The Secretary of State may not institute a proceeding
under this Section against an effective registration on the
basis of a fact or transaction known to the Secretary of State
when the registration became effective unless the proceeding is
instituted within the next 30 days.
(c) The Secretary of State may by summary order postpone or
suspend the effectiveness of the registration pending final
determination of any proceeding under this  Section. Upon the
entry of the order, the Secretary of State shall promptly notify
the seller that the order has been entered and of the reasons
therefor and that within 15 days after the receipt of a written
request the matter will be set down for hearing.
The written request must be made within 30 days of the entry of the order.
If no hearing
is requested and none is ordered by the Secretary of State, the
order will remain in effect until it is modified or vacated by
the Secretary of State. If a hearing is requested or ordered,
the Secretary of State, after notice of an opportunity for
hearing to the seller, may modify or vacate the order or extend
it until final determination.
(d) No summary order may be entered under any part of this
Section, except the first sentence of subsection (c) of this
Section, without appropriate prior notice to the seller,
opportunity for hearing, and written findings of fact and
conclusions of law.
(e) The Secretary of State may vacate or modify an order
issued under this Section if the Secretary of State finds
that the conditions which prompted its entry have changed or
that it is otherwise in the public interest to do so.
(f) Notwithstanding
anything in this Act to the contrary,
the Secretary of State, after notice
and opportunity for hearing, may, at the Secretary of State's discretion, enter
into an agreed settlement, stipulation, or consent order with a respondent in
accordance with the provisions of the Illinois Administrative Procedure Act.
The provisions of the agreed settlement, stipulation, or consent order shall
have the full force and effect of an order issued by the Secretary of State.
(g) The action of the Secretary of State in issuing any order under this
Section shall be subject to judicial review under the Administrative Review
Law.
(Source: P.A. 90-70, eff. 7-8-97; 91-357, eff. 7-29-99; 91-809, eff. 1-1-01.)
(815 ILCS 602/5-50)
Sec. 5-50. 
		Minimum net worth or bond requirement.
(a) In connection with the offer or sale of a business
opportunity, no seller may make or use any of the
representations set forth in Section 5-5.10(a)(4) and Section
5-5.10(a)(5) of this Law unless the seller has at all times a
minimum net worth of $25,000 as determined in accordance with
generally accepted accounting principles. In lieu of the minimum
net worth requirement, the Secretary of State may, by rule,
regulation, or order, require a business opportunity seller to
obtain a surety bond issued by a surety company authorized to do
business in this State. The surety bond shall be in an amount
not less than $25,000 and shall be in favor of this State for
the benefit of any purchaser. The Secretary of State may by
rule, regulation, or order, increase the amount of the bond for
the protection of purchasers and may require the seller to file
reports of all sales in this State to determine the appropriate
amount of bond.
(b) Where the seller is required to obtain a surety bond,
the seller shall maintain a surety bond for the duration of the
guarantee or representation giving rise to the surety bond
requirement. Upon expiration of the period of the guarantee, the
seller may allow the surety bond to lapse provided that the
seller shall give notice to the Secretary of State and all
business opportunity purchasers in this State at least 30 days
prior to the lapse of the bond.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-55)
Sec. 5-55. 
		Administration of this Law.
(a) This Law shall be administered by the Secretary of
State.
(b) It is unlawful for the Secretary of State or any of his
or her officers or employees to use for personal benefit any
information which is filed with or obtained by the Secretary of
State and which is not made public. No provision of this Law
authorizes the Secretary of State or any of the Secretary of
State's officers or employees to disclose any such information
except among themselves or when necessary or appropriate in a
proceeding or investigation under this Law. No provision of this
Law either creates or derogates from any privilege which exists
at common law or otherwise when documentary or other evidence is
sought under a subpoena directed to the Secretary of State or
any of the Secretary of State's officers or employees.
(c) In no case shall the Secretary of State or any of his or her employees
or agents, in the administration of this Law, incur any official or personal
liability by instituting an injunction or other proceeding, by denying,
suspending, or revoking the registration of any business opportunity, by
prohibiting the offer or sale of any business opportunity, or by prohibiting
any person from offering or selling business opportunities.
(Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97.)
(815 ILCS 602/5-60)
Sec. 5-60. 
		Investigations and subpoenas.
(a) The Secretary of State:
(1) may make such public or private investigations     within or outside of this State as the Secretary of State deems necessary to determine whether any person has violated or is about to violate any provision of this Law or any rule, regulation, or order under this Law, or to aid in the enforcement of this Law or in the prescribing of rules and forms under this Law;
(2) may require or permit any person to file a     statement, under oath or otherwise as the Secretary of State determines, as to all the facts and circumstances concerning the matter to be investigated; and
(3) may publish information concerning any violation     of this Law or any rule, regulation, or order under this Law.
(b) For the purpose of any investigation or proceeding
under this Law, the Secretary of State or his or her designee
may administer oaths and affirmations, subpoena witnesses,
compel their attendance, take evidence and require, by subpoena or other
lawful means provided by this Act or the rules adopted by the Secretary of
State, the production of any books, papers, correspondence, memoranda,
agreements, or other documents or records which the Secretary of
State deems relevant or material to the inquiry.
(c) In case of contumacy or refusal to obey a subpoena issued
to any person under this Section, the Secretary of State, through the
Office of the Attorney General, may bring an appropriate action in any
circuit court of the State of Illinois for the purpose of enforcing the
subpoena.
(d) It shall be a violation of the provisions of this Law for any person
to fail to file with the Secretary of State any report, document, or statement
required to be filed under the provisions of this Section or to fail to comply
with the terms of any order of the Secretary of State issued pursuant to this
Law.
(Source: P.A. 92-308, eff. 1-1-02; 92-651, eff. 7-11-02.)
(815 ILCS 602/5-65)
Sec. 5-65. 
		Remedies. 
		Whenever it appears to the Secretary
of State that any person has engaged in or is about to engage in
any act or practice constituting a violation of any provision of
this Law or any rule, regulation, or order under this Law, the
Secretary of State may:
(1) Issue an order, anything contained in this Law to     the contrary notwithstanding, directing the person to cease and desist from continuing the act or practice. Any person named in a cease and desist order issued by the Secretary of State may, within 30 days after the date of the entry of the order, file a written request for a hearing with the Secretary of State. If the Secretary of State does not receive a written request for a hearing within the time specified, the cease and desist order will be permanent and the person named in the order will be deemed to have waived all rights to a hearing. If a hearing is requested, the order will remain in force until it is modified, vacated, rescinded or expunged by the Secretary of State.
(1.5) Prohibit or suspend the offer or sale of any     business opportunity, prohibit or suspend any person from offering or selling any business opportunities, impose any fine for violation of this Law, issue an order of public censure, or enter into an agreed settlement or stipulation. No such order may be entered without appropriate prior notice to all interested parties, opportunity for hearing, and written findings of fact and conclusions of law.
(2) Bring an action in the circuit court of any     county to enjoin the acts or practices and to enforce compliance with this Law or any rule, regulation, or order under this Law. Upon a proper showing a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets or the court may order rescission, which shall include restitution plus the legal interest rate, for any sales of business opportunities determined to be unlawful under this Law or any rule, regulation, or order under this Law. The court shall not require the Secretary of State to post a bond.
(3) The Secretary of State may refer such evidence as     may be available concerning violations of this Law or any rule, regulation, or order under this Law to the Attorney General or the appropriate State's Attorney, who may, with or without such a reference, institute the appropriate proceedings under this Section.
(4) In addition to any other sanction or remedy     contained in this Section, the Secretary of State, after finding that any provision of this Law has been violated, may impose a fine as provided by rule or order against the violator not to  exceed $10,000 per violation, may issue an order of public censure against the violator, and charge as costs of the investigation all reasonable expenses, including attorney's fees and witness fees.
(5) Notwithstanding the foregoing, the Secretary of     State, after notice and opportunity for hearing, may at his or her discretion enter into an agreed settlement, stipulation, or consent order with a respondent in accordance with the provisions of the Illinois Administrative Procedure Act. The provisions of the agreed settlement, stipulation, or consent order shall have the full force and effect of an order issued by the Secretary of State.
(6) The action of the Secretary of State in denying,     suspending, or revoking the registration of a business opportunity, in prohibiting or suspending a person from offering or selling business opportunities, in prohibiting or suspending the offer or sale of business opportunities, in imposing any fine for violation of this Law, or in issuing any order shall be subject to judicial review under the Administrative Review Law which shall apply to and govern every action for the judicial review of final actions or decisions of the Secretary of State under this Law.
(Source: P.A. 92-308, eff. 1-1-02.)
(815 ILCS 602/5-70)
Sec. 5-70. 
		Rules, forms, orders and hearings.
(a) The Secretary of State may amend, modify, vacate, and expunge orders
and may make, amend and rescind
rules and forms as are necessary to carry out the
provisions of this Law including rules and forms governing
disclosure documents, applications and reports, and defining any
terms, whether or not used in this Law insofar as the
definitions are not inconsistent with the provisions of this
Law. For the purpose of rules and forms, the Secretary of State
may classify business opportunities, persons, and matters within
his or her jurisdiction, and prescribe different requirements
for different classes.
(b) No rule, form, or order may be made, amended, or
rescinded unless the Secretary of State finds that the action is
necessary or appropriate in the public interest or for the
protection of the purchaser. In prescribing rules and forms the
Secretary of State may cooperate with the administrators of
other jurisdictions with a view to effectuating the policy of
this Law to achieve maximum uniformity in the form and content
of disclosure statements, applications, and reports whenever
practicable.
(c) No provision of this Law imposing any liability applies
to any act done or omitted in good faith in conformity with any
rule, form, or order of the Secretary of State, notwithstanding
that the rule, form, or order may later be amended or rescinded
or be determined by judicial or other authority to be invalid
for any reason.
(Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97.)
(815 ILCS 602/5-75)
Sec. 5-75. 
		Administrative files and opinions.
(a) A document is filed
with the Secretary of  State when all requirements of this Law with respect
to
filing have
been complied with and the required fee has been paid.
(b) The Secretary of State shall keep records of all
applications for registration and disclosure documents which are
or have been effective under this Law and all orders which have
been entered under this Law. The register shall be open for
public inspection.
(c) Unless otherwise provided by law, any registration
statement, filing, application, or report filed with the
Secretary of State shall be open for public inspection.
(d) The Secretary of State may honor written requests from
interested persons for non-binding opinions upon the payment of
a fee established pursuant to subsection (c) of Section 5-30 of this Law, which
shall not be returnable in any event.
(Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97.)
(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     State; or
(3) The purchaser is domiciled in this State and the     business opportunity is or will be operated in this State.
(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     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.
(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     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.
(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     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
(2) The plaintiff's affidavit of compliance with this     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.
(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.)
(815 ILCS 602/5-85)
Sec. 5-85. 
		Statutory construction. 
		This Law shall be so construed
as to effectuate its general purpose to make uniform the law of
those states which enact it.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-90)
Sec. 5-90. 
		Severability of provisions. 
		If any provision of
this Law or its application to any person or
circumstance is held invalid, the invalidity of that provision or application
does not affect
other provisions or applications of this Law that can be given
effect without the invalid provision or application.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-95)
Sec. 5-95. 
		Fraudulent and prohibited practices.
(a) It is unlawful for any
person, in connection with the offer or sale of any business
opportunity in this State
or any offer or sale pursuant to the exemptions granted under subdivisions
5-10(a), (c), (d), or (h), directly or indirectly:
(1) to employ any device, scheme or artifice to     defraud;
(2) to make any untrue statement of a material fact     or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or
(3) to engage in any act, practice or course of     business which operates or would operate as a fraud or deceit upon any person.
(b) No person shall, either directly or indirectly, do any of the
following:
(1) offer or sell any business opportunity without     registration under this Act unless the person offering or selling the opportunity is exempt under the Act;
(2) fail to file with the Secretary of State any     application, report, document, or answer required to be filed under the provisions of this Act or any rule made by the Secretary of State pursuant to this Act or fail to comply with the terms of any order issued pursuant to this Act or any rules adopted by the Secretary of State; or
(3) fail to keep or maintain any records as  is     required under the provisions of this Act or any rule adopted by the Secretary of State pursuant to this Act.
(Source: P.A. 92-308, eff. 1-1-02.)
(815 ILCS 602/5-100)
Sec. 5-100. 
		Misleading filings. 
		It is unlawful for any
person to make or cause to be made, in any document filed with
the Secretary of State or in any proceeding under this Law any
statement which is, at the time and in the light of the
circumstances under which it is made, false or misleading in any
material respect or, in connection with such statement, to omit
to state a material fact necessary in order to make the
statements made, in the light of the circumstances under which
they are made, not misleading.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-105)
Sec. 5-105. 
		Unlawful representations. 
		Neither the fact that
an application for registration has been filed nor the fact that
a business opportunity is effectively registered constitutes a
finding by the Secretary of State that any document filed under
this Law is true, complete and not misleading. Neither any such
fact nor the fact that an exemption or exception is available
for a business opportunity means that the Secretary of State has
passed in any way upon the merits or qualifications of, or
recommended or given approval to, any person or business
opportunity. It is unlawful to make, or cause to be made, to any
purchaser any representation inconsistent with the requirements of this
Section.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-110)
Sec. 5-110. 
		Advertising. 
		It is unlawful for any person, in
connection with the offer or sale of any business opportunity in
this State, to publish, circulate or use any advertising which
contains an untrue statement of a material fact or omits to
state a material fact necessary in order to make the statements
made, in the light of the circumstances under which they are
made, not misleading.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-115)
Sec. 5-115. 
		Criminal penalties.
(a) Any person who willfully violates Sections 5-25,
5-50, 5-95, 5-105,  5-110, subsection (a) of Section 5-35, subsection
(a)
of Section 5-40, or subsection (d) of Section 5-60 of this Law
or who willfully violates
any order of which the person has notice, or who violates
Section 5-100 of this Law knowing that the statement made was
false or misleading in any material respect is guilty of a Class 3 felony for
each offense. Each of the acts specified shall constitute a
separate offense and a prosecution or conviction for any one of
such offenses shall not bar prosecution or conviction for any
other offense.
(b) No prosecution for any crime under this Law may be
commenced more than 5 years after the alleged violation.
(c) Nothing in this Law limits the power of the State to
punish any person for any conduct which constitutes a crime
under any other statute.
(d) The Secretary of State may refer such evidence as may
be available concerning violations of this Law or any rule,
regulation, or order under this Law to the Attorney General or
appropriate State's attorney, who may, with or without such a
reference, institute the appropriate criminal proceedings under
this Law.
(Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97.)
(815 ILCS 602/5-120)
Sec. 5-120. 
		Rescission; surety bond.
(a) Any person who violates Section 5-25, 5-50, subsection (a) of Section
5-35, or subsection (a) of Section 5-40
of this Law, is liable to the purchaser who may sue either at
law or in equity for rescission, for recovery of all money or
other valuable consideration paid for the business opportunity
and for actual damages, together with interest at 10% per annum
from the date of sale, reasonable attorney's fees and court
costs.
(b) Any person who violates Section 5-95, 5-105, or 5-110 of this
Law is liable to the purchaser who may sue either at law or in
equity for rescission, for recovery of all money or other
valuable consideration paid for the business opportunity and for
treble the actual damages, together with interest at 10% per
annum from the date of sale, reasonable attorney's fees and
court costs.
(c) Any person who violates Section 5-95, 5-105, 5-110, or subsection (a) of
Section 5-35
of this Law, or who breaches any business opportunity contract or
agreement or any obligation arising under the contract or
agreement is liable to the purchaser who may sue the surety of
the bond, either at law or in equity to recover all money or
other valuable consideration paid for the business opportunity
and actual damages, together with interest at 10% per annum from
the date of sale, reasonable attorney's fees and court costs.
The liability of the surety shall not exceed the amount of the
bond.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-125)
Sec. 5-125. 
		Persons liable. 
		Every person who directly or
indirectly controls a person liable under Section 5-120 or 5-125 of
this Law, every partner in a partnership so liable, every
principal executive officer or director of a corporation so
liable, every person occupying a similar status or performing
similar functions and every employee of a person so liable who
materially aids in the act or transaction constituting the
violation is also liable jointly or severally with and to the
same extent as such person, unless the person liable under this
Section proves that he or she did not know, and in the exercise
of reasonable care could not have known of the existence of the
facts constituting the alleged liability. There is contribution,
as in cases of contract, among the several persons held liable.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-130)
Sec. 5-130. 
		Miscellaneous provisions.
(a) No action shall be maintained under Section 5-120 of this
Law unless commenced before 3 years after the act or transaction
constituting the violation.
(a-5) No administrative action shall be brought by the Secretary of State
for
relief under
this Law after the earlier to occur of (i) 3 years from the date upon which the
Secretary of State had notice of facts which in the exercise of reasonable
diligence
would lead to actual knowledge of the alleged violation of the Act, or (ii) 5
years
from the date on which the alleged violation occurred.
(b) The rights and remedies under this Law are in addition to any
other rights or remedies that may exist at law or in equity.
(c) Any condition, stipulation or provision binding any
purchaser of a business opportunity to waive compliance with or
relieving a person from any duty or liability imposed by or any
right provided by this Law or any rule, regulation or order
issued pursuant to this Law is void.
(Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97.)
(815 ILCS 602/5-135)
Sec. 5-135. 
		Deposit of moneys. 
		All moneys received under this Law shall
be deposited into the Securities Audit and Enforcement Fund.
(Source: P.A. 89-209, eff. 1-1-96.)
(815 ILCS 602/5-145)
Sec. 5-145. 
		Service of process.
(a) The offer or sale of business opportunities in this State by any person,
unless exempt from registration under this Act, shall constitute an
appointment of the Secretary of State,  or his or her successors in office, by
the person to be the true and lawful attorney for the person upon whom may be
served all lawful process in any action or proceeding against the person,
arising out of the offer or sale of the securities.
(b) Service of process under this Section shall be made by serving a copy
upon the Secretary of State or any employee in his or her office designated by
the Secretary of State to
accept such service for him or her, provided notice and a copy of the
process are, within 10 days after receiving the notice and process, sent by
registered mail or certified mail, return
receipt requested, by the plaintiff to the defendant, at the last known address
of the defendant.  The filing fee for service of process under this Section
shall be as established pursuant to Section
5-30 of this Act, and shall not be returnable in any event.  The Secretary of
State shall keep a record of all processes each of which shall show the day of
the service.
(Source: P.A. 92-308, eff. 1-1-02.)