reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart I - ELECTRONIC NOTARIZATIONS › Section 176.865 - Electronic Notarial Certificates

Current through Register Vol. 48, No. 28, July 12, 2024
a) A form of notarial certificate for an
				electronic notarization complies with
				5 ILCS
				312/6A-105 if it is in the form provided by applicable
				law and contains a statement substantially as follows: "This electronic
				notarization involved the use of an electronic system provider".
b) A short form of acknowledgment prescribed
				in 5 ILCS
				312/6A-105 or other form of notarial certificate
				required by law complies with the Act if it is in substantially the same form
				as one of the following statements:
1) For an
				acknowledgment in an individual capacity:
State of Illinois
County of
The foregoing instrument was acknowledged before me using an
				  electronic notarization system provider on (date) by (name(s) of
				  individual(s)).
(Signature of notary public)
Notary Public
(Electronic seal)
(My commission expires:)
2) For an acknowledgment in a representative
				capacity:
State of Illinois
County of
The foregoing instrument was acknowledged before me using an
				  electronic notarization system provider on (date) by (name(s) of individual(s))
				  as (type of authority, such as officer or trustee) of (name of party on behalf
				  of whom the instrument was executed).
(Signature of notary public)
Notary Public
(Electronic seal)
(My commission expires:)
3) For a verification on oath or affirmation:
State of Illinois
County of:
Signed and sworn to (or affirmed) before me using an
				  electronic notarization system provider on (date) by (name(s) of individual(s)
				  making statement).
(Signature of notary public)
Notary public
(Electronic seal)
(My commission expires:)
4) For witnessing or attesting a signature:
State of Illinois
County of:
Signed or attested before me on (date) by (name(s) of
				  persons(s))
(Signature of notary public)
(Electronic seal)
(My commission expires:)
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart I - ELECTRONIC NOTARIZATIONS › Section 176.870 - Prohibited Acts

Current through Register Vol. 48, No. 28, July 12, 2024
a) An electronic
				notary public shall not:
1) Engage in any
				fraudulent activity, deceptive practice, or inequitable act in connection with
				the Act.
2) Engage in any activity
				prohibited by 5 ILCS 312/6-104.
3) Fail to record an electronic notarial act
				performed using audio-video communication or fail to keep such a recording as
				required by 5 ILCS 312/6A-104.
4) Use an electronic seal or digital
				certificate that is invalid or fails to comply with this Subpart or Article
				VI-A of the Act during the performance of an electronic notarial act.
5) Fail to notify the Secretary of State of a
				change in the electronic seal or digital certificate.
6) Use one's own electronic seal, alone or
				together with the electronic signature, except in the performance of an
				electronic notarial act.
7) Allow
				unauthorized access to the electronic journal kept by the electronic notary
				public under 5 ILCS 312/3-107, the electronic
				notary public's electronic signature or the digital certificate, or to the
				electronic notarization solution used by the electronic notary public to
				perform an electronic notarial act.
8) Violate any other provision of this
				Subpart I or Article VI-A of the Act relating to the performance of an
				electronic notarial act.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart J - JOURNAL › Section 176.900 - Journal Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Every notary public, whether or not also an electronic notary public, must
				record each notarial act in a journal at the time of notarization to comply
				with 5 ILCS
				312/3-107 and this Subpart J.
b) Each journal of a notary public, whether
				maintained on a tangible medium or in an electronic format, must contain all of
				the following information in any order:
1)
				The name of the notary public as it appears on the commission;
2) The notary public's commission
				number;
3) The notary public's
				commission expiration date;
4) The
				notary public's office address of record with the Secretary of State;
5) A statement that, upon the death or
				adjudication of incompetency of the notary public, the notary public's personal
				representative or guardian or any other person knowingly in possession of the
				journal must deliver or mail it to the Secretary of State;
6) The meaning of any abbreviated word or
				symbol used in recording a notarial act in the notarial journal; and
7) The signature of the notary
				public.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart J - JOURNAL › Section 176.910 - Journal Entries and Prohibited Entries

Current through Register Vol. 48, No. 28, July 12, 2024
a) Required Entries. Each entry shall contain
				at least the following information:
1) The
				name of the principal;
2) The name
				of each credible witness relied upon to verify the identity of the
				principal;
3) The name of any other
				person that signed for the principal;
4) The title or a description of the document
				notarized;
5) The date of the
				notarization;
6) Whether the
				notarization was conducted in person, remotely, or electronically;
7) The fee charged, if any; and
8) The physical location of the notary and
				the principal.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart J - JOURNAL › Section 176.920 - Form and Content of Journals Maintained on a Tangible Medium

Current through Register Vol. 48, No. 28, July 12, 2024
a) A journal maintained on paper or any other
				tangible medium may be in any form that meets the physical requirements in this
				Section and the entry requirements in Section
				176.910.
b) The cover and pages inside the journal
				must be bound together by any binding method that is designed to prevent the
				insertion, removal, or substitution of the cover or a page. This includes glue,
				staples, grommets, or another binding, but does not include the use of tape,
				paper clips, or binder clips.
c)
				Each page must be consecutively numbered from the beginning to the end of the
				journal. If a journal provides two pages on which to record the required
				information about the same notarial act, both pages may be numbered with the
				same number or each page may be numbered with a different number. Page numbers
				must be preprinted.
d) Each line,
				or entry if the journal is designed with numbered entry blocks, must be
				consecutively numbered from the beginning to the end of the page. If a line
				extends across two pages, the line must be numbered with the same number on
				both pages. A line or entry number must be preprinted.
e) The journal of a notary public must remain
				within the exclusive control of the notary public at all times.
f) A notary public who performs multiple
				notarizations for the same principal within a single transaction may abbreviate
				the entry of those notarizations in the notary journal after first including
				all the information required by the Act. The abbreviated entry must indicate
				the type of transaction and the number of documents notarized as part of that
				single transaction.
g) A journal
				maintained in a tangible format must be retained for a minimum of 7 years after
				the final notarial act chronicled in the journal.
h) The retention requirements for this Part
				do not apply to notaries in the course of their employment with a governmental
				entity.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart J - JOURNAL › Section 176.930 - Form and Content of an Electronic Notarial Journal

Current through Register Vol. 48, No. 28, July 12, 2024
a) A journal maintained in electronic format
				may be in any form that complies with this Section and the entry requirements
				in Section 176.910.
b) A journal maintained in an electronic
				format must be designed to prevent the insertion, removal, or substitution of
				an entry.
c) A journal maintained
				in an electronic format must be securely stored and recoverable in the case of
				a hardware or software malfunction.
d) Entries from the notarial journal must be
				available upon request by the Secretary of State in a PDF format.
e) The journal of a notary public shall
				remain within the exclusive control of the notary public at all
				times.
f) A notary public who
				performs multiple notarizations for the same principal within a single
				transaction may abbreviate the entry of those notarizations in the notary
				journal after first including all of the information required by the Act. The
				abbreviated entry must indicate the type of transaction and the number of
				documents notarized as part of that single transaction.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart J - JOURNAL › Section 176.940 - Custody and Control of the Journal and Notification of a Lost, Compromised, Destroyed, or Stolen Journal

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				notary public must maintain custody and control of the journal at all times
				during the term of the notary public's commission. When not in use, the journal
				must be kept in a secure location and accessible only to the notary public. A
				secure location includes the notary public's sole possession or a locked
				location to which only the notary public has access.
b) Notification of a lost, compromised,
				destroyed, or stolen journal under
				5 ILCS
				312/3-107 must be made in writing or electronically
				the next business day after the date the notary public or personal
				representative or guardian discovers the loss or theft of the journal. The
				notification must include all of the following:
1) A statement of whether the journal is
				lost, compromised, destroyed, or stolen;
2) An explanation of how the journal became
				lost, compromised, destroyed, or stolen;
3) The date the notary public discovered that
				the journal was lost, compromised, destroyed, or stolen;
4) A statement that the journal has been
				destroyed or that the notary public does not possess the journal and does not
				know who possesses it or where it is located; and
5) A statement that, if the notary public
				subsequently acquires possession of the lost or stolen journal, the notary
				public shall file a written statement with the Secretary of State within 10
				business days after the date the notary public reacquires possession of the
				lost or stolen journal, including a written explanation of how the journal was
				recovered.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart J - JOURNAL › Section 176.950 - Inspection of a Journal, Response to Subpoenas and Investigative Requests, and Public Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) In the
				notary's presence, any person may inspect an entry in the official journal of
				notarial acts during the notary's regular business hours, but only if:
1) The person's identity is personally known
				to the notary or proven through satisfactory evidence;
2) The person affixes a signature in the
				journal in a separate, dated entry;
3) The person specifies the month, year, type
				of document, and the name of the principal for the notarial act or acts sought;
				and
4) The person is shown only the
				entry or entries specified.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart J - JOURNAL › Section 176.960 - Electronic Journal Record Retention and Depositories

Current through Register Vol. 48, No. 28, July 12, 2024
a) A notary public must retain the electronic
				journal required and any audio-video recording created under
				5 ILCS
				312/6A-104 in a computer or other electronic storage
				device that protects the journal and recording against unauthorized access by
				password or cryptographic process. The recording must be created in an
				industry-standard, audio-visual file format and must not include images of any
				electronic record that was the subject of the electronic or remote
				notarization.
b) An electronic
				journal must be retained for at least 7 years after the last electronic or
				remote notarial act chronicled in the journal. An audio-visual recording must
				be retained for at least 7 years after the recording is made.
c) A notary public must take reasonable steps
				to ensure that a backup of the electronic journal and audio-visual recording
				exists and is secure from unauthorized use.
d) Upon the death or adjudication of
				incompetency of a current or former notary public, the notary public's personal
				representative or guardian or any other person knowingly in possession of an
				electronic journal or audio-visual recording must:
1) Comply with the retention requirements of
				this Section;
2) Transmit the
				journal and recording to one or more depositories under subsection (e);
				or
3) Transmit the journal and
				recording in an industry-standard readable data storage device to the Illinois
				Secretary of State, Index Department at 111 E. Monroe St., Springfield, IL
				62756.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart J - JOURNAL › Section 176.970 - Complaints of Alleged Violations

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of this Section, "notary public" includes an
				  electronic notary public and remote notary public.
a) A person may file a complaint in writing
				with the Secretary of State alleging that a notary public has violated one or
				more of the provisions of the Act or any provision of this Part. The complaint
				should include as much information as possible, including:
1) The name of the notary public, and the
				employer or business name of the notary;
2) If known, the name of the county in which
				the notary resides;
3) If known and
				assigned, the notary public commission number assigned to the notary;
4) An explanation of the reason for the
				complaint;
5) A copy of relevant
				documents related to the matter;
6)
				Whether the notarial act was an electronic or remote notarial act performed
				using audio-video communication; and
7) Additional information that the person
				considers relevant to the complaint or notarization.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart J - JOURNAL › Section 176.980 - Revocation, Suspension, and Reprimand

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of this Section, "notary public" includes an
				  electronic notary public and remote notary public.
a) Revocation. A notary public's commission
				may be revoked for any of the foregoing acts or omissions:
1) The notary public demonstrates the notary
				public lacks the honesty, integrity, competence, or reliability to act as a
				notary public; or
2) The notary
				public fails to maintain a residence or place of employment in
				Illinois.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart K - ADMINISTRATIVE HEARINGS › Section 176.1000 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Illinois Notary Public Act [5 ILCS
				  312 ].
"Contested case" means an adjudicatory
				  proceeding
conducted by the Department of Administrative Hearings
in which the individual legal rights, duties, or privileges of a party
				  are required by law to be determined by
the Secretary of State
only after an opportunity for a hearing.
[5 ILCS
				  100/1-30 ]
"Continue a hearing" means to reschedule a hearing to another
				  date certain. A decision to continue a hearing is a continuance.
"Department of Administrative Hearings" means the Department
				  of Administrative Hearings of the Office of the Secretary of State of
				  Illinois.
"Director" means the Director or Acting Director of the
				  Department of Administrative Hearings.
"Formal Hearing" means a hearing authorized to be held by the
				  Department of Administrative Hearings under the Act or this Part.
"Hearing Officer" means any person designated by the
				  Secretary of State to preside at any hearing conducted under this
				  Subpart.
"Order of Default" means an Order entered by the Department
				  of Administrative Hearings which denies all relief because a petitioner fails
				  to appear for a hearing at the time, date, and place specified in the Notice of
				  Hearing or Notice of a continued hearing date without prior notification to the
				  Department of the petitioner's inability to appear.
"Party" means any person named or admitted as a participant
				  in any hearing conducted under this Subpart, including the Secretary and the
				  Department of Administrative Hearings.
"Person" includes any individual, corporation, partnership,
				  association, or firm legally capable of either seeking the action of the Office
				  of the Secretary of State or being the subject of the action.
"Petitioner" is the party who by written request seeks or
				  applies for any relief from the Secretary under the Act or this Part.
"Respondent" means a person against whom a complaint or
				  petition is filed, or who, because of interest in the subject matter of a
				  petition or application or the relief sought in the petition or application, is
				  made a respondent or to whom an order or complaint is directed by the
				  Department of Administrative Hearings.
"Secretary" means the Illinois Secretary of State.
"Withdrawal from a hearing" means to terminate a hearing upon
				  the motion or at the request of the petitioner.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart K - ADMINISTRATIVE HEARINGS › Section 176.1005 - Right to Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
a) Attorneys
				Must be Licensed or 711 Students. Any party may appear and be heard through an
				attorney at law licensed to practice in the State of Illinois, or any law
				student licensed under Supreme Court Rule 711, in any hearing in any matter
				involving the exercise or legal skill of knowledge.
b) Pro Hac Vice. Attorneys admitted to
				practice in states other than the State of Illinois may appear and be heard in
				a specific hearing, upon the attorney's verbal representations or written
				documentation as to the attorney's admittance, by special leave of the Director
				of Administrative Hearings or a designee, pursuant to an Order pro hac vice, as
				authorized by Supreme Court Rule 707 and Rule
				5.5 of the Illinois Rules of
				Professional Conduct.
c) Pro Se. A
				natural person may appear and represent oneself instead of representation by an
				attorney.
d) Corporations, Limited
				Liability Companies, and Partnerships. A corporation, association, limited
				liability company, or partnership must appear by legal counsel licensed to
				practice in the State of Illinois or appearing pro hac vice.
e) The standard of conduct shall be the same
				as before all Courts of Illinois.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart K - ADMINISTRATIVE HEARINGS › Section 176.1010 - Appearance of Attorney

Current through Register Vol. 48, No. 28, July 12, 2024
An attorney appearing in a representative capacity shall file
				  a written notice of appearance with the Department of Administrative Hearings
				  office where the formal hearing is requested or pending, providing a name,
				  address, email address, website, facsimile number, telephone number, Supreme
				  Court registration number, and identification of the party
				  represented.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart K - ADMINISTRATIVE HEARINGS › Section 176.1020 - Special Appearance

Current through Register Vol. 48, No. 28, July 12, 2024
Before filing any other pleading or motion, a special
				  appearance may be made either in person or by an attorney for the limited
				  purpose of objecting to jurisdiction. Every appearance not expressly designated
				  a special appearance will be considered to be a general appearance. If the
				  reasons for objecting to jurisdiction are not apparent from the papers on file
				  in the proceeding, the special appearance shall be supported by an affidavit
				  setting forth the reasons. In ruling upon any objection at any hearing, the
				  hearing officer may consider all matters apparent from the papers on file,
				  affidavits submitted by any party, and any other evidence offered upon disputed
				  issues of fact. No determination of any issue of fact in connection with the
				  objection is a determination of the merits of the case or any aspect thereof. A
				  ruling adverse to the movant does not preclude the making of any motion or
				  defense which might otherwise have been made. If the hearing officer sustains
				  the objection, an appropriate ruling shall be entered on the record. Error in
				  ruling against the objection is not waived by the objector's taking part in
				  further proceedings in this matter.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart K - ADMINISTRATIVE HEARINGS › Section 176.1030 - Substitution of Parties

Current through Register Vol. 48, No. 28, July 12, 2024
A hearing officer shall, upon motion, rule on a request for
				  the substitution of parties in cases in which a party has died, resigned, been
				  moved, or otherwise succeeded to the interest of a previously named
				  party.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart K - ADMINISTRATIVE HEARINGS › Section 176.1040 - Commencement of Actions - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice of Hearing. A contested case is
				begun when the Office of the Secretary, upon either the written request of the
				petitioner or its own initiative, serves a Notice of Hearing upon the
				respondent. "Written request" means a petition via facsimile, electronic
				transmission, or regular mail. The Notice of Hearing must be sent by electronic
				transmission if the petitioner agrees to receive the Notice of Hearing and
				Decision or Order via electronic transmission.
b) The Notice of Hearing shall include:
1) The names and addresses of all known
				parties, including the department initiating the hearing;
2) Whether the hearing is at the request of
				the petitioner or a department;
3)
				The time, date, and place of the hearing. The Department of Administrative
				Hearings will try to accommodate a party's request regarding the location of a
				hearing, but reserves the discretion to schedule a hearing at a site that is
				mutually convenient for all parties involved, including witnesses, and subject
				to the constraints imposed by budgetary and personnel considerations;
4) A concise statement of facts (as
				distinguished from conclusions of law or a mere recitation in the words of the
				statute):
A) the alleged act or acts done by
				each petitioner or, when appropriate, the respondent;
B) either the time, date, and place each such
				act was done or a concise statement of the matters asserted;
C) the rule, statute, or constitutional
				provision, if any, alleged to have been violated or otherwise involved in the
				proceeding; and
D) the relief
				sought by the petitioning party; and
5) A statement to each party that:
A) each party may be represented by legal
				counsel and may present evidence, cross-examine witnesses, and otherwise
				participate in the hearing;
B)
				failure to appear shall constitute a default, unless a party has, upon due
				notice to other parties, moved for and obtained a continuance from the hearing
				officer; and
C) delivery of notice
				to the designated representative of a party constitutes service upon that
				party.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart K - ADMINISTRATIVE HEARINGS › Section 176.1050 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Form of Motions.
				All motions must be made in writing and must set forth the relief or order
				sought and must be filed with the Department of Administrative Hearings at the
				earliest time to be considered by the hearing officer. Motions may be hand
				delivered or sent by regular mail, courier, or facsimile transmission. Motions
				must be sent to the hearing location designated in the notice of hearing and
				are considered received on the date that they are file-stamped by Department of
				Administrative Hearings personnel. Motions based on information that does not
				appear on the record must be supported by an affidavit. Motions may be
				presented by a party to obtain appropriate relief, such as dismissing the
				proceedings, adding necessary parties, or extending time to comply with an
				order.
b) Motions to Correct or
				Reconsider. The Department will not consider motions to correct a material
				misstatement of fact or to reconsider a decision made or an Order entered in a
				formal hearing. The proper avenue for relief is to file a complaint under the
				Administrative Review Law. [735 ILCS 5/Art. III ]
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart K - ADMINISTRATIVE HEARINGS › Section 176.1060 - Form of Documents Filed - Original Documents Required

Current through Register Vol. 48, No. 28, July 12, 2024
a) Form of Papers
1) All papers filed in any proceeding must:
A) be clearly written or
				typewritten;
B) contain a caption
				showing the title of the proceeding with a case number:
C) be signed or verified by the party filing
				the papers or that party's authorized representative or attorney; and
D) contain the party's address, telephone
				number, website, and email address, if available.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart K - ADMINISTRATIVE HEARINGS › Section 176.1080 - Orders, Notifications, and Time Limits on Obtaining Relief

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				shall prepare a written order for all final determinations, which shall include
				the Findings of Fact, Conclusions of Law, Recommendations of the hearing
				officer, and the Order of the Secretary.
b) The hearing officer shall prepare the
				Findings of Fact, Conclusions of Law, and Recommendations to the Secretary. The
				Findings of Fact and Conclusions of Law must be stated separately.
c) The Order of the Secretary shall be the
				decision of the Office of the Secretary of State upon the application for
				relief.
d) The Department of
				Administrative Hearings shall notify all parties or their agents personally, by
				facsimile, regular mail, or electronic transmission, of the Findings of Fact,
				Conclusions of Law, Recommendations, and the Order. If it is the Order of the
				Secretary to grant the petitioner relief, then the Department of Administrative
				Hearings will also provide instructions on what steps the petitioner must take
				to obtain the relief. The failure to follow and complete these instructions
				will result in the denial of relief.
e) An Order of Default will be entered
				against the petitioner or respondent who fails to appear for a hearing at the
				scheduled time and has failed to request or been granted a continuance under
				Section 176.1070(u).
f) Orders resulting from formal hearings are
				final administrative orders within the meaning of the Administrative Review Law
				[735 ILCS
				5/Art. III ].
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart K - ADMINISTRATIVE HEARINGS › Section 176.1090 - Record of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				record of the hearing in a contested case shall include:
1) All pleadings (including all pre-hearing
				and post-hearing notices and responses thereto, admissions, stipulations of
				facts, motions, and rulings thereon);
2) All documentary evidence;
3) A statement of matters officially
				noticed;
4) A transcript of the
				proceedings;
5) The Findings of
				Fact, Conclusions of Law, and Recommendations of the hearing officer;
				and
6) The Order of the Secretary
				of State, which shall constitute a final administrative decision within the
				provisions of the Illinois Administrative Review Law [735 ILCS 5/Art.
				III ].
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart K - ADMINISTRATIVE HEARINGS › Section 176.1095 - Invalidity

Current through Register Vol. 48, No. 28, July 12, 2024
If any portion of this Subpart shall be held by a court of
				  competent jurisdiction to be invalid, that holding shall not affect the
				  remaining portions.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart K - ADMINISTRATIVE HEARINGS › ILLUSTRATION A - Nonresident Notary Public Affidavit of Applicant

Current through Register Vol. 48, No. 28, July 12, 2024
NONRESIDENT NOTARY PUBLIC
AFFIDAVIT OF APPLICANT
STATE OF
COUNTY OF
I, (name), being first duly sworn, state upon
							 personal knowledge and under penalty of perjury as follows:
1. The address of my residence is:
2. I am employed by:
3. The address of my employer is:
4. The telephone number at my place of employment
							 is:
5. The email address at my place of employment
							 is:
6. The web address at my place of employment
							 is:
Dated this
day of
, 20
Signature of Applicant:
Signed and sworn before me on
day of
, 20
By
(Printed Name of Applicant)
(seal)
Signature of Notary Public
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart K - ADMINISTRATIVE HEARINGS › ILLUSTRATION B - Notary Public Course of Study and Examination Provider Surety Bond Form

Current through Register Vol. 48, No. 28, July 12, 2024
Know All Persons by These Presents, That We,
				  ___________________, hereinafter referred to in this document as Principal and
				  __________________, a corporation organized and existing to do business in the
				  State of Illinois, for the use and benefit of all persons who may be damaged by
				  breach of this bond, as Obligees, in the penal sum of $50,000, lawful money of
				  the United States of America, for the payment of which sum, well and truly to
				  be made, we bind ourselves, our executors, administrators, successors, and
				  assigns, firmly by these presents. The condition of this obligation is such
				  that the principal has applied to the Illinois Secretary of State for
				  certification as a provider of a notary course of study and examination
				  provider.
If the Principal faithfully complies with the Illinois Notary
				  Act and all rules and regulations that have been or may hereafter be in force
				  concerning the certification and shall save and keep harmless the Obligees from
				  all loss or damage that may be sustained as a result of the issuance of the
				  license or permit to the Principal, this obligation shall be void; otherwise,
				  this obligation shall remain in full force and effect. The bond will expire but
				  may be continued by a renewal certificate signed by the Principal and Surety.
				  The Surety may at any time terminate its liability by giving 30 days' written
				  notice to the Index Department, 111 East Monroe, Springfield, Illinois 62756,
				  and the Surety shall not be liable for any default after that 30-day notice
				  period, except for defaults occurring before the notice period.
Signed, Sealed and Dated this _____ day of _________________,
				  20______.
Principal ____________________________
Surety_______________________________
By__________________________________(Attorney-in-fact)
Illinois Administrative Code › Title 14 - COMMERCE › Part 177 - CREDIT SERVICES ORGANIZATIONS › Section 177.10 - Filing with the Secretary of State

Current through Register Vol. 48, No. 28, July 12, 2024
All documents required to be filed with the Secretary of State
				by the Credit Services Organizations Act (P.A. 85-1384, effective January 1,
				1989) shall be filed with the Secretary's Index Department, 111 East Monroe
				Street, Springfield, Illinois 62756, between the hours of 8:00 a.m. and 4:30
				p.m., Monday through Friday, excluding holidays.
Illinois Administrative Code › Title 14 - COMMERCE › Part 177 - CREDIT SERVICES ORGANIZATIONS › Section 177.20 - Requirements for Filing

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 registration statement. The statement as shown in Illustration A will be
			 supplied by the Index Department and shall be used by the credit services
			 organization.
b) A one hundred
			 dollar ($100.00 ) filing fee. The fee shall be paid in cash, by money order,
			 certified check or personal check. No registration statement shall be accepted
			 and filed without the payment of the fee.
c) A $100,000.00 surety bond if a credit
			 services organization charges or receives any money or other valuable
			 consideration prior to full and complete performance of the services the credit
			 services organization agrees to perform (Section 5(1) of P.A. 85-1384). The
			 bond shall contain the same terminology as the bond shown in Illustration B.
			 The bond form will be supplied by the Index Department.
Illinois Administrative Code › Title 14 - COMMERCE › Part 178 - LIMITED LIABILITY COMPANY ACT › Subpart A - RIGHTS AND REQUIREMENTS › Section 178.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the definitions contained in Section 1-5 of
				  the Limited Liability Company Act [805 ILCS 180 ] the following definitions
				  shall apply:
"Abstracts of Limited Liability Companies" shall consist of a
				  hard copy print-out of the information shown on the computer records of the
				  Department of Business Services of the Office of the Secretary of State.
"Delinquent" or "Delinquency" shall mean a status of a
				  limited liability company that is in non-compliance with this Act.
"Department" shall mean the Department of Business Services
				  of the Office of the Secretary of State located in Springfield.
"Director" shall mean the Director of the Department of
				  Business Services.
"Electronic Filing" shall mean the ability to utilize
				  interactive computer applications for the submission, review and filing of
				  documents required or authorized by LLCA.
"Interrogatories" shall mean a written request for
				  information to ascertain whether the limited liability company has complied
				  with the provisions of the Act.
"LLCA" shall mean the Limited Liability Company Act [805 ILCS
				  180 ].
"LLC Division" shall mean that unit of the Department which
				  administers the provisions of LLCA.
"Organizer" shall mean a person who has executed the original
				  articles of organization.
"Secretary" shall mean the Secretary of State of
				  Illinois.
Illinois Administrative Code › Title 14 - COMMERCE › Part 178 - LIMITED LIABILITY COMPANY ACT › Subpart A - RIGHTS AND REQUIREMENTS › Section 178.15 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of this Part shall be applicable to all
				  limited liability companies, which are, will or may become subject to the
				  provisions of the Limited Liability Company Act of 1992.
Illinois Administrative Code › Title 14 - COMMERCE › Part 178 - LIMITED LIABILITY COMPANY ACT › Subpart A - RIGHTS AND REQUIREMENTS › Section 178.20 - Filing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				entities, other than natural persons, serving as a member or manager in a
				limited liability company must provide evidence of existence upon request of
				the Secretary of State. Such evidence shall be provided in the formats set
				forth in subsections (a)(1)-(4) of this Section. All other entities not
				specifically addressed shall provide proof of existence in the manner
				prescribed by subsections (a)(1)-(4) that most appropriately applies to their
				entity format.
1) Corporations, limited
				liability companies, limited partnerships and limited liability partnerships
				shall provide either a Certificate of Existence or a Certificate of Good
				Standing duly authenticated by the proper officer from the state or country of
				domicile.
2) General partnerships
				shall provide a statement of information that includes the name of the
				partnership, the state of formation, the county of formation, the date of
				formation, the address at which the records of the partnership are kept, and
				the names and addresses of all partners. The statement shall be sworn to, dated
				and executed by one of the general partners.
3) Trusts shall provide a statement of
				information concerning the trust that includes the name of the trust, the date
				of its creation, the name of all trustees, the location, including state and
				county, of the trust, and that the trust is currently in full force and effect.
				The statement shall be dated and executed by a trustee.
4) Estates shall provide a copy of the
				relevant court order currently dated and executed.
Illinois Administrative Code › Title 14 - COMMERCE › Part 178 - LIMITED LIABILITY COMPANY ACT › Subpart A - RIGHTS AND REQUIREMENTS › Section 178.25 - Additional Requirements for Forms

Current through Register Vol. 48, No. 28, July 12, 2024
a) All forms filed with the Department,
				except the original articles of organization and application for admission of a
				foreign limited liability company, shall contain the file number assigned to
				the limited liability company by the Department.
b) All forms and attachments submitted by a
				limited liability company shall be typewritten or printed on 81/2" by 11" white
				paper.
Illinois Administrative Code › Title 14 - COMMERCE › Part 178 - LIMITED LIABILITY COMPANY ACT › Subpart A - RIGHTS AND REQUIREMENTS › Section 178.30 - Filing Location

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				documents required to be filed with the Secretary of State pursuant to the LLCA
				shall be filed with the Department.
b) Documents submitted for filing in
				Springfield, the Department's headquarters, shall be filed at the following
				address:
Secretary of State's Office
Department of Business Services
Limited Liability Company Division
Room 351, Howlett Building
Springfield, Illinois 62756
c) Documents submitted by mail for filing
				should be sent to the Department's Springfield office.
Illinois Administrative Code › Title 14 - COMMERCE › Part 178 - LIMITED LIABILITY COMPANY ACT › Subpart A - RIGHTS AND REQUIREMENTS › Section 178.35 - Business Hours

Current through Register Vol. 48, No. 28, July 12, 2024
The Department of Business Services business hours are 8:00
				  a.m. to 4:30 p.m. in Springfield, Monday through Friday, except
				  holidays.
Illinois Administrative Code › Title 14 - COMMERCE › Part 178 - LIMITED LIABILITY COMPANY ACT › Subpart A - RIGHTS AND REQUIREMENTS › Section 178.45 - Right to Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
a) Hearing
				procedures will be governed by Subpart A of 14 Ill. Adm. Code 150.
b) Any party may appear and be heard through
				an attorney at law licensed to practice in the State of Illinois.
1) Attorneys admitted to practice in states
				other than the State of Illinois may appear and be heard upon the attorney's
				verbal representation or written documentation as to the attorney's admittance,
				pursuant to an order pro hac vice entered by a judge of the circuit court of
				the county in which the hearing is conducted, as provided in Supreme Court Rule
				707.
2) A natural person may appear
				and be heard on his or her own behalf.
3) A corporation, association, or partnership
				may appear and present evidence by any bona fide officer, employee, or
				representative.
Illinois Administrative Code › Title 14 - COMMERCE › Part 178 - LIMITED LIABILITY COMPANY ACT › Subpart A - RIGHTS AND REQUIREMENTS › Section 178.50 - Service of Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) For the
				purposes of Section 1-50 of the LLCA, the procedures set forth in this Section
				shall apply.
b) Any process, notice
				or demand to be served under this Part shall be made upon the Secretary, the
				Director, or any employee of the Department designated by the Director to
				accept such service for him or her, in the following manner:
1) Service shall comply with the provisions
				of Part 2 of the Civil Practice Law [735 ILCS 5/2 ], the Federal Rules of Civil
				Procedure (2B USCA), or any administrative rules of service, as may be
				appropriate.
2) The affidavit of
				compliance required by Section 1-50 and 45-55 of the LLCA to be appended to the
				process, notice or demand to be served, containing the information described in
				subsection (b) of this Section, shall be signed by the person instituting the
				action, suit or proceeding or by an attorney of record, and the signature of
				the affiant, without more, shall constitute the affirmation or acknowledgement,
				under penalties of perjury, that the affidavit is the act or deed of the
				affiant and that facts stated therein are true.
Illinois Administrative Code › Title 14 - COMMERCE › Part 178 - LIMITED LIABILITY COMPANY ACT › Subpart A - RIGHTS AND REQUIREMENTS › Section 178.55 - Payment of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
All payments of fees and penalties with respect to original
				  articles of organization, applications for original admission to transact
				  business, applications for reinstatement of limited liability companies, and
				  report of penalty-return to good standing shall be by money order, certified
				  check, cashier's check or a check drawn on the account of an Illinois licensed
				  attorney or certified public accountant, payable to the "Secretary of State" or
				  by credit card, a debit card or an electronic funds transfer. All other
				  payments may be made by an entity check, payable to the "Secretary of State."
				  Any check that is returned by the bank to the Secretary of State's Office for
				  any reason will immediately void the transaction for which it was intended and
				  the Secretary of State will treat the filing event as never
				  occurring.
Illinois Administrative Code › Title 14 - COMMERCE › Part 178 - LIMITED LIABILITY COMPANY ACT › Subpart A - RIGHTS AND REQUIREMENTS › Section 178.60 - Refunds

Current through Register Vol. 48, No. 28, July 12, 2024
A refund of any fee paid to the Department shall be made only
				  in cases of duplicate filings or overpayment of fees, or upon compliance with
				  Section 5-48 of the Limited Liability Company Act.
Illinois Administrative Code › Title 14 - COMMERCE › Part 178 - LIMITED LIABILITY COMPANY ACT › Subpart A - RIGHTS AND REQUIREMENTS › Section 178.65 - New Practices and Technologies

Current through Register Vol. 48, No. 28, July 12, 2024
The Secretary of State is authorized to adopt practices and
				  procedures to accomplish receipt, processing, maintenance, retrieval and
				  transmission of, and remote access to, LLCA filing data by means of electronic,
				  voice, optical and/or other technologies, and without limiting the foregoing,
				  to maintain and operate, in addition to or in lieu of a paper-based system, a
				  non-paper-based filing system utilizing any such
				  technologies.
Illinois Administrative Code › Title 14 - COMMERCE › Part 178 - LIMITED LIABILITY COMPANY ACT › Subpart A - RIGHTS AND REQUIREMENTS › Section 178.70 - Extension of Filing Deadlines

Current through Register Vol. 48, No. 28, July 12, 2024
Filing of Organizational Documents, Annual Reports, and Other
				  Business Entity Materials
a) All
				organizational documents, annual reports, and other business entity materials
				required to be filed with the Secretary of State pursuant to Chapter 805 of the
				Illinois Compiled Statutes shall be filed with the Business Services
				Department, Howlett Building, Room 350, Springfield IL 62756 or 69 West
				Washington, Suite 1240, Chicago IL 60602.
b) Pursuant to the powers vested in him by
				Section 5(7) of the Secretary of State Act, the Secretary of State hereby
				extends for the duration of the disaster proclaimed by the Governor in
				Gubernatorial Proclamation number 2020-038, issued on March 9, 2020, as
				extended by subsequent proclamations, and for a period of 90 days thereafter,
				the filing deadlines for materials required to be filed with the Secretary of
				State pursuant to Chapter 805 of the Illinois Compiled Statutes and that were
				due to be filed on or after March 17, 2020. This extension period may be
				rescinded by the Secretary of State through the adoption of an emergency rule.
				Business organizations are required to pay the statutory amounts to the
				Secretary of State when materials are filed, including penalties, filing fees,
				and other charges required to be paid, without regard to the application of the
				filing extension deadline of this Section.
c) Pursuant to the terms of Executive Order
				2020-39, as extended by Executive Order 2020-44, and as may be further extended
				by subsequent Executive Orders, the provisions of Section 55-5 of the Limited
				Liability Company Act of 1986 (LLCA) that require the Secretary of State to,
				within 10 days after any of the documents subject to Section 55-5 are delivered
				to the Secretary for filing, give written notice of his or her disapproval of
				the documents are suspended for the duration of the disaster proclaimed in
				Gubernatorial Proclamation 2020-44, as extended, and for 30 days thereafter.
				During this period of suspension, the Secretary shall process these documents
				as expeditiously as possible.
d)
				Pursuant to the terms of Executive Order 2020-39, as extended by Executive
				Order 2020-44, and as may be further extended by subsequent Executive Orders,
				the provisions of Section 50-50 of the LLCA that require the Secretary of State
				to provide expedited services upon request are suspended for the duration of
				the disaster proclaimed in the Gubernatorial Proclamation 2020-44, as extended,
				and for 30 days thereafter. During this period of suspension, the Secretary
				shall process the expedited documents within 24 hours or as soon as possible
				thereafter. For purposes of filing dates, the date the document was submitted
				for filing will be the document's filing date.
Illinois Administrative Code › Title 14 - COMMERCE › Part 178 - LIMITED LIABILITY COMPANY ACT › Subpart B - NAMES › Section 178.100 - Availability of Names: Statutory Requirements and Placement of Suffix

Current through Register Vol. 48, No. 28, July 12, 2024
A proposed limited liability company name shall comply with
				  the applicable provisions of the LLCA. The term "Limited Liability Company",
				  "L.L.C.", "LLC", or the like, as used in Section 1-10(a) of the LLCA, must be
				  placed at the end of the company name.
Illinois Administrative Code › Title 14 - COMMERCE › Part 178 - LIMITED LIABILITY COMPANY ACT › Subpart B - NAMES › Section 178.105 - Preliminary Determination of Availability

Current through Register Vol. 48, No. 28, July 12, 2024
Requests for searches of the records of the Secretary of
				  State, Department of Business Services, Limited Liability Company Division, for
				  a preliminary determination of the availability of a proposed name will only be
				  accepted through the Springfield office of the Department. Requests may be made
				  over the counter, by letter, or by telephone and will be answered by the same
				  however, no more than three searches may be requested by a single telephone
				  call. A preliminary determination of availability shall be informational only
				  and shall not be deemed a final determination for any
				  purpose.