reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 14 - COMMERCE › Part 200 - FRANCHISE DISCLOSURE ACT › Subpart J - REGISTRATION OF SALESPERSONS › Appendix B - Franchise roker Registration Forms › ILLUSTRATION C - Franchise Broker Surety Bond

Current through Register Vol. 48, No. 28, July 12, 2024
We, ____(broker name)_____, a corporation, with principal
					 offices at ____(broker address)____, as principal, and ___(name of Surety)___,
					 with principal offices at ___(Surety address)___, a Surety Company incorporated
					 under the laws of the State of ___(identify state)___ and authorized to conduct
					 business in the State of Illinois as Surety, are bound to the Illinois Attorney
					 General, Obligee in the sum of 11561 to be paid to the Obligee or its legal
					 representatives, successors, or assigns, for which payment we bind ourselves
					 and our legal representatives and successors, jointly and severally.
WHEREAS, the above-named principal has made application to
					 the Illinois Attorney General for registration as a franchise broker under the
					 Illinois Franchise Disclosure Act [815 ILCS 705 ] and is required pursuant to
					 the Rules and Regulations promulgated under the Illinois Franchise Disclosure
					 Act to post bond in the amount of 11561.
WHEREAS, the Obligee intends to assign this bond to the
					 respective purchaser(s) of the aforementioned franchise upon sale of the
					 aforementioned franchise(s) to said purchaser(s).
THEREFORE, the condition of this obligation is that the
					 principal:
1. Comply with the Illinois
				  Franchise Disclosure Act and Regulations promulgated thereunder; and
2. Pay all damages suffered by any person by
				  reason of the Broker's violation of said Illinois Franchise Disclosure Act or
				  any Rules or Regulations promulgated thereunder or any acts, rules,
				  regulations, or orders amendatory thereof, and/or supplementary thereto, or
				  hereafter enacted, or by reason of any misrepresentation, deceit, fraud or
				  omission to state a material fact necessary in order to make any statement
				  made, in the light of the circumstances under which such statement was made,
				  not misleading.
This bond and obligation hereunder shall be deemed to run
					 continuously and shall remain in full force and effect for four full years
					 after the date of execution shown below.
In the event that any action or proceeding is initiated
					 with respect to this bond, the parties agree that the venue thereof shall be
					 the County in which the offer or sale of the franchise occurred.
IN WITNESS WHEREOF, Principal and Surety have executed this
					 instrument at this _______ day of _____________________, ________.
__________________
Principal
__________________
Surety
Illinois Administrative Code › Title 14 - COMMERCE › Part 200 - FRANCHISE DISCLOSURE ACT › Subpart J - REGISTRATION OF SALESPERSONS › Appendix B - Franchise roker Registration Forms › ILLUSTRATION D - Broker Guaranty of Performance

Current through Register Vol. 48, No. 28, July 12, 2024
For value received ______(name of guarantor)______, located
					 at _____(address) ______, absolutely and unconditionally guarantees the
					 performance by broker, ____(name of broker)___, of all obligations under the
					 Illinois Franchise Disclosure Act and Rules, incurred in the sale of franchises
					 in the State of _______________ and any underlying contractual responsibilities
					 resulting from the sale of franchises occurring after this date with
					 franchisees under the jurisdiction of the Illinois Franchise Disclosure Act, as
					 the same have been or may hereafter be amended, modified, renewed or extended
					 from time to time. This guaranty shall continue in force until all such
					 obligations of broker shall have been satisfied or until such liability of
					 broker to such franchisees has been completely discharged, whichever first
					 occurs. Guarantor shall not be discharged from liability hereunder as long as
					 any such claim by a franchisee against broker remains outstanding. Notice of
					 acceptance is waived. Notice of default on the part of broker is not waived.
					 This guaranty shall be binding upon guarantor, its successors and
					 assigns.
In witness whereof, guarantor has, by a duly authorized
					 officer, executed this guarantee at, this ______ day of _________________,
					 ______.
ATTEST
_________________________
Guarantor
___________________________
By: ______________________
Title: _____________________
Illinois Administrative Code › Title 14 - COMMERCE › Part 200 - FRANCHISE DISCLOSURE ACT › Subpart J - REGISTRATION OF SALESPERSONS › Appendix C - Escrow Forms › ILLUSTRATION B - Franchisor's Petition for Release of Escrowed Funds

Current through Register Vol. 48, No. 28, July 12, 2024
_________________
)
_________________
)
SS
_________________
)
IN THE MATTER OF:
FRANCHISOR:
FRANCHISEE:
BEFORE THE ATTORNEY GENERAL OF
					 ILLINOIS
AS ADMINISTRATOR OF THE FRANCHISE DISCLOSURE
					 ACT
The undersigned franchisor hereby requests the
					 Administrator to authorize release from escrow the sum of
					 , plus accrued interest representing the
					 franchise fee paid by __________________________ on the ___ day of
					 ____________, ______.
The undersigned franchisor hereby represents that it has
					 fulfilled the initial obligations owed to the franchisee under the franchise
					 and other agreements and that the franchisee has commenced doing
					 business.
_________________________
Franchisor
________________________
By: _____________________
Escrowee Bank
Name and Title
________________________
________________________
Address of Bank
Printed Name of Franchisee
________________________
________________________
Phone Number of Bank
Address of Franchisee
Illinois Administrative Code › Title 14 - COMMERCE › Part 200 - FRANCHISE DISCLOSURE ACT › Subpart J - REGISTRATION OF SALESPERSONS › Appendix C - Escrow Forms › ILLUSTRATION C - Franchisee's Petition For Release of Escrowed Funds

Current through Register Vol. 48, No. 28, July 12, 2024
_____________
)
_____________
)
SS
_____________
)
IN THE MATTER OF:
FRANCHISOR:
FRANCHISEE:
BEFORE THE ATTORNEY GENERAL OF
					 ILLINOIS
AS ADMINISTRATOR FOR THE FRANCHISE
					 DISCLOSURE ACT
The undersigned franchisee hereby requests the
					 Administrator to authorize release from escrow the sum of $ _______________,
					 plus accrued interest representing the franchise fee paid by me on the
					 ___________ day of ________________, ____.
The undersigned franchisee hereby represents that the
					 franchisor has not fulfilled the initial obligations owed to me under the
					 franchise and other agreements and that I have not commenced doing
					 business.
_______________________
Franchisee Signature
_______________________
Printed Name of Franchisee
_______________________
Address of Franchisee
Subscribed and sworn to before me
								this
_______________________
______ day of ______,
_______________________
_______________________
Notary Public
Illinois Administrative Code › Title 14 - COMMERCE › Part 200 - FRANCHISE DISCLOSURE ACT › Subpart J - REGISTRATION OF SALESPERSONS › Appendix D - Guaranty Forms › ILLUSTRATION A - Guaranty of Performance

Current through Register Vol. 48, No. 28, July 12, 2024
For value received, ___(name of guarantor)___, located at
					 ____(address)____, absolutely and unconditionally guarantees the performance by
					 franchisor, __(name of franchisor)__, of all obligations under the Illinois
					 Franchise Disclosure Act and Rules, and of all of the obligations of franchisor
					 to furnish goods and/or services necessary to establish and open the business
					 of franchisees to whom franchises are granted by franchisor pursuant to the
					 registration of such franchises in the State of ______________ and the terms
					 and conditions of its franchise and other agreements entered into after this
					 date with franchisees under the jurisdiction of the Illinois Franchise
					 Disclosure Act, as the same have been or may hereafter be amended, modified,
					 renewed or extended from time to time. This guaranty shall continue in force
					 until all such obligations of franchisor shall have been satisfied or until
					 such liability of franchisor to such franchisees has been completely
					 discharged, whichever first occurs. Guarantor shall not be discharged from
					 liability hereunder as long as any such claim by a franchisee against
					 franchisor remains outstanding. Notice of acceptance is waived. Notice of
					 default on the part of franchisor is not waived. This guaranty shall be binding
					 upon guarantor, its successors and assigns.
In witness whereof, guarantor has, by a duly authorized
					 officer, executed this guarantee at______________, this _________ day of
					 ______________, ______.
ATTEST:
_____________________________
Guarantor
______________________________
By: __________________________
Title: _________________________
Illinois Administrative Code › Title 14 - COMMERCE › Part 200 - FRANCHISE DISCLOSURE ACT › Subpart J - REGISTRATION OF SALESPERSONS › Appendix D - Guaranty Forms › ILLUSTRATION B - Corporate Resolution

Current through Register Vol. 48, No. 28, July 12, 2024
RESOLVED, that it is desirable and in the best interest of
					 this Corporation that the franchisor be authorized to offer and sell franchises
					 in the State of Illinois; that the President, any Vice-President, the
					 Secretary, or any Assistant Secretary are hereby authorized to execute on
					 behalf of this Corporation any Guaranty of Performance of all of the duties and
					 obligations of franchisor under the Illinois Franchise Disclosure Act and
					 Rules, and obligations to furnish goods and/or services necessary to establish
					 and open the business of franchisees to whom franchises are granted by
					 franchisor pursuant to the registration of such franchises in the State of
					 Illinois, and the terms and conditions of its franchise and other agreements
					 entered into with franchises under the jurisdiction of the Illinois Franchise
					 Disclosure Act, as the same have been or may hereafter be amended, modified,
					 renewed, or extended from time to time; and that the execution of previous such
					 Guarantees of Performance of franchisor by any of the aforesaid officers is
					 hereby ratified and approved.
Illinois Administrative Code › Title 14 - COMMERCE › Part 200 - FRANCHISE DISCLOSURE ACT › Subpart J - REGISTRATION OF SALESPERSONS › Appendix D - Guaranty Forms › ILLUSTRATION C - Secretary's Certificate

Current through Register Vol. 48, No. 28, July 12, 2024
The undersigned hereby certifies that the undersigned is
					 the __________ Secretary of ___(name of guarantor)____ , a corporation
					 organized and existing under the laws of the State of ______________, that the
					 foregoing is a true and correct copy of the resolution duly adopted at a
					 meeting of the Board of Directors of said corporation held on the ______ day of
					 ____________, ______, at which meeting a quorum was at all times present and
					 acting; that the passage of said resolution was in all respects legal; and that
					 said resolution is in full force and effect.
Dated this _______ day of _____________ , ________.
________________
Secretary
(Corporate Seal)
Illinois Administrative Code › Title 14 - COMMERCE › Part 200 - FRANCHISE DISCLOSURE ACT › Subpart J - REGISTRATION OF SALESPERSONS › Appendix F - Certificate of Deposit orms › ILLUSTRATION A - Franchisor's Petition for Release of Certificate of Deposit

Current through Register Vol. 48, No. 28, July 12, 2024
__________
)
__________
)
SS
__________
)
IN THE MATTER OF:
FRANCHISOR:
FRANCHISEE:
BEFORE THE ATTORNEY GENERAL OF
					 ILLINOIS
AS ADMINISTRATOR FOR THE FRANCHISE
					 DISCLOSURE ACT
The undersigned franchisor hereby requests the
					 Administrator to authorize release of the Certificate of Deposit in the name of
					 the Administrator in the sum of $16950, plus accrued interest representing the
					 franchise fee paid by _________on the _______ day of______, ______.
The undersigned franchisor hereby represents that it has
					 fulfilled the initial obligations owed to the franchisee under the franchise
					 and other agreements and that the franchisee has commenced doing
					 business.
In furtherance of this request, the undersigned franchisor
					 submits the franchisee's statement indicating the franchisee has no objection
					 to this request. By this statement the franchisee has not waived any rights
					 which he may have against the undersigned franchisor.
________________________
Franchisor
By: ____________________
Name and Title
Subscribe and sworn to before me
________________________
this _________day of ________,___
Printed Name of
								Franchisee
_____________________________
_______________________
Notary Public
Address of Franchisee
Illinois Administrative Code › Title 14 - COMMERCE › Part 200 - FRANCHISE DISCLOSURE ACT › Subpart J - REGISTRATION OF SALESPERSONS › Appendix F - Certificate of Deposit orms › ILLUSTRATION B - Franchisee's Petition for Release of Certificate of Deposit

Current through Register Vol. 48, No. 28, July 12, 2024
________
)
________
)
SS
________
)
IN THE MATTER OF:
FRANCHISOR:
FRANCHISEE:
BEFORE THE ATTORNEY GENERAL OF
					 ILLINOIS
AS ADMINISTRATOR FOR THE FRANCHISE
					 DISCLOSURE ACT
The undersigned franchisee hereby requests the
					 Administrator to authorize the release of the Certificate of Deposit issued in
					 the name of the Administrator in the sum of ___________, plus accrued interest
					 representing the franchisee fee paid by me on the ___________ day of _________,
					 ____.
The undersigned franchisee hereby represents that the
					 franchisor has not fulfilled the initial obligations owed to me under the
					 franchise and other agreements and that I have not has commenced doing
					 business.
In furtherance of this request, the undersigned franchisor
					 submits the franchisee's statement indicating that it has no objection to this
					 request.
_______________________________
Signature
_______________________________
Printed Name of
								Franchise
________________________________
Address of Franchisee
Subscribe and sworn to before me
this _______________ day of _____,___.
_________________________________
_________________________________
Notary Public
Illinois Administrative Code › Title 14 - COMMERCE › Part 250 - TOBACCO PRODUCTS MANUFACTURERS' ESCROW ENFORCEMENT ACT OF 2003 › Section 250.10 - General

Current through Register Vol. 48, No. 28, July 12, 2024
This Part provides for enforcement of the Tobacco Product
				Manufacturers' Escrow Act [30 ILCS 168 ], in accordance with the Tobacco
				Products Manufacturers' Escrow Enforcement Act of 2003 [30 ILCS 167 ] (see P.A.
				93-446). The former Act, passed as a result of the Master Settlement Agreement
				(MSA) entered into between 46 states, including Illinois, and the major tobacco
				companies, requires tobacco product manufacturers not participating in the MSA
				to set up qualified escrow accounts and to deposit funds into those accounts
				based on the number of manufacturers' cigarettes sold in each state. The latter
				Act provides for enforcement of the escrow obligations.
Illinois Administrative Code › Title 14 - COMMERCE › Part 250 - TOBACCO PRODUCTS MANUFACTURERS' ESCROW ENFORCEMENT ACT OF 2003 › Section 250.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"AGO" means the Office of the Illinois Attorney General.
"Brand family" has the same meaning ascribed in Section 10 of
				the Escrow Enforcement Act.
"Cigarette" has the same meaning ascribed in Section 10 of the
				Escrow Act, which includes roll-your-own tobacco.
"Department" means the Illinois Department of Revenue.
"Director" means Director of Revenue.
"Distributor" has the same meaning ascribed in Section 1 of the
				Cigarette Tax Act [ 35 ILCS 130 ] and Section 1 of the Cigarette Use Tax Act [
				35 ILCS 135 ]. Additionally, "distributor" means a distributor, as defined by
				Section 10-5 of the Tobacco Products Tax Act of 1995 [ 35 ILCS 143 ], of
				roll-your-own tobacco.
"Escrow Act" means the Tobacco Product Manufacturers' Escrow
				Act [ 30 ILCS 168 ].
"Escrow Enforcement Act" means the Tobacco Products
				Manufacturers' Escrow Enforcement Act of 2003 [ 30 ILCS 167 ].
"Filed" means received by the AGO in readable form, however
				transmitted, or postmarked for delivery by the U.S. mail.
"Liability year" means the calendar year in which a tobacco
				product manufacturer's cigarettes are sold in Illinois, and to which the
				requirements of the Escrow Act apply.
"Master Settlement Agreement" or "MSA" has the meaning ascribed
				in Section 10 of the Escrow Act.
"NPM" means a tobacco product manufacturer that is not a
				participating manufacturer.
"Participating manufacturer" has the same meaning ascribed in
				Section 15(a)(1) of the Escrow Act.
"Qualified Escrow Fund" has the same meaning ascribed in
				Section 10 of the Escrow Act.
"Roll-Your-Own" or "RYO" has the same meaning set out in
				Section 10 of the Escrow Act (definition of "cigarette").
"Stamps or imprints" means revenue tax stamps or imprints as
				provided for in Section 3 of the Cigarette Tax Act or stamps or imprints
				evidencing the payment of cigarette use tax as provided for in Section 3 of the
				Cigarette Use Tax Act, as appropriate.
"Tobacco product manufacturer" or "TPM" has the same meaning
				ascribed in Section 10 of the Escrow Act.
"Units sold" has the same meaning ascribed in Section 10 of the
				Escrow Act and includes "roll-your-own" tobacco for which tobacco products tax
				is owed and does not bear an excise tax stamp of the State.
Illinois Administrative Code › Title 14 - COMMERCE › Part 250 - TOBACCO PRODUCTS MANUFACTURERS' ESCROW ENFORCEMENT ACT OF 2003 › Section 250.30 - Distributor Filings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
			 distributor shall report quarterly to the AGO on paper or electronic forms
			 provided by the AGO such information as is necessary for the AGO to ascertain
			 the quantity of each NPM's cigarettes sold in Illinois by the distributor
			 during the preceding quarter. Paper forms shall be sent to: Office of the
			 Illinois Attorney General, 500 South Second Street, Springfield, Illinois
			 62706. Paper forms may alternatively be faxed to (217) 524-4701. Electronic
			 forms shall be e-mailed to tobacco@atg.state.il.us. The quarterly information
			 to be reported shall include:
1) The number
			 of each NPM's cigarettes distributed by the distributor within Illinois, by
			 brand.
2) The equivalent stick
			 count of each NPM's RYO tobacco distributed by the distributor within Illinois,
			 by brand.
3) The NPM name and
			 address for each brand.
4) The name
			 and address of the person or entity from whom the distributor purchased or
			 obtained the brand.
5) The name and
			 address of the first importer of foreign NPM brands or the first purchaser of
			 non-resident NPM brands.
Illinois Administrative Code › Title 14 - COMMERCE › Part 250 - TOBACCO PRODUCTS MANUFACTURERS' ESCROW ENFORCEMENT ACT OF 2003 › Section 250.40 - Prohibition of Distribution of Non-Compliant TPM Cigarettes

Current through Register Vol. 48, No. 28, July 12, 2024
a) A distributor shall not affix or cause to
			 be affixed stamps or imprints to individual packages of cigarettes delivered or
			 caused to be delivered by the distributor in Illinois, and may not otherwise
			 deliver or cause to be delivered in Illinois RYO tobacco, if the tobacco
			 product manufacturer of those cigarettes or RYO tobacco does not appear on
			 either the directory of participating manufacturers or the directory of
			 compliant NPMs.
b) A distributor
			 that affixes or causes to be affixed stamps or imprints to individual packages
			 of cigarettes for delivery in Illinois, or that otherwise delivers or causes to
			 be delivered RYO tobacco in Illinois, which cigarettes or RYO tobacco are
			 manufactured by a tobacco product manufacturer whose name on the date of
			 stamping or imprinting (of cigarettes), or on the date of delivery (of RYO
			 tobacco), does not appear on either the directory of participating
			 manufacturers or the directory of compliant NPMs, may be deemed to be in
			 violation of the Escrow Enforcement Act and may be dealt with in accordance
			 with Section
			 250.110.
Illinois Administrative Code › Title 14 - COMMERCE › Part 250 - TOBACCO PRODUCTS MANUFACTURERS' ESCROW ENFORCEMENT ACT OF 2003 › Section 250.50 - Appointment of Agent for Service of Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any non-resident or foreign NPM that has
			 not registered to do business in this State shall appoint an agent located
			 within the State of Illinois to receive service of process on behalf of that
			 non-resident or foreign NPM. On forms provided by the AGO, the NPM shall submit
			 the name, address, phone number, company name (if applicable) and hours of
			 availability of the agent, as well as proof of appointment, to the
			 AGO.
b) If the NPM terminates the
			 authority of the agent, the NPM shall notify the AGO of the termination at
			 least 30 calendar days prior to the termination, and provide proof at least 5
			 calendar days prior to the termination of the appointment of a new agent. If
			 the agent terminates an agency appointment, the NPM shall notify the AGO of the
			 termination no later than 5 calendar days after the termination, and shall
			 include proof of the appointment of a new agent.
c) Any foreign or non-resident NPM that fails
			 to appoint an agent as required by this Section and in Section 20 of the Escrow
			 Enforcement Act shall be deemed to appoint the Illinois Secretary of State as
			 the agent on whom process may be served on its behalf. However, such
			 appointment will not satisfy the condition precedent for having its brand
			 families listed in the directory of compliant NPMs.
Illinois Administrative Code › Title 14 - COMMERCE › Part 250 - TOBACCO PRODUCTS MANUFACTURERS' ESCROW ENFORCEMENT ACT OF 2003 › Section 250.60 - Certification Requirements for Tobacco Product Manufacturers

Current through Register Vol. 48, No. 28, July 12, 2024
a) No later than
			 April 30 of each year, on paper or electronic forms provided by the AGO, every
			 tobacco product manufacturer whose cigarettes or RYO tobacco were sold in
			 Illinois during the preceding calendar year shall execute and deliver to the
			 AGO a certification acknowledging under penalty of perjury that:
1) as of the date of the certification, the
			 tobacco product manufacturer is a participating manufacturer or an
			 NPM;
2) if it is a participating
			 manufacturer, it has generally performed its financial obligations under the
			 MSA;
3) if it is an NPM, it is in
			 full compliance with the Escrow Act and the Escrow Enforcement Act.
Illinois Administrative Code › Title 14 - COMMERCE › Part 250 - TOBACCO PRODUCTS MANUFACTURERS' ESCROW ENFORCEMENT ACT OF 2003 › Section 250.70 - NPMs Required to Make Quarterly Installment Payments

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever the AGO determines that
			 compliance with the Escrow Act will be promoted by requiring certification and
			 escrow deposits more frequently than on an annual basis, the AGO may require an
			 NPM, on a case-by-case basis, to certify its compliance with the Escrow Act and
			 make its required escrow deposits in quarterly installments during the
			 Liability Year. The notice of the AGO's determination requiring the payment of
			 quarterly installments shall be a final administrative decision reviewable
			 under the Administrative Review Law [735 ILCS 5 /Art. III]. Factors which may
			 be considered in making this determination include, but are not limited to, the
			 following:
1) the initial addition of an NPM
			 to the directory of compliant NPMs;
2) a history of the NPM not complying with
			 the Escrow Act;
3) a history of the
			 NPM under-funding its qualified escrow account;
4) a history of the NPM failing to timely
			 pay, or failing to pay entirely, judgments or penalties due under the Escrow
			 Act to a qualified escrow account or to the AGO;
5) credible evidence supporting a concern by
			 the AGO that the NPM may not be financially able to meet its fiscal obligations
			 under the Escrow Act when they become due on April 30 of the following calendar
			 year;
6) a volume of more than
			 2,000,000 cigarettes sold during a calendar quarter.
Illinois Administrative Code › Title 14 - COMMERCE › Part 250 - TOBACCO PRODUCTS MANUFACTURERS' ESCROW ENFORCEMENT ACT OF 2003 › Section 250.80 - Establishment of Directory of Participating Manufacturers and Directory of Compliant NPMs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The AGO shall
			 develop, maintain, and publish a directory of participating manufacturers who
			 have generally performed their financial obligations under the MSA, and a
			 separate directory of compliant NPMs who have established a qualified escrow
			 account and who are otherwise in compliance with Section 15(a)(2) of the Escrow
			 Act and Section 15(a)(2) and (3) of the Escrow Enforcement Act.
b) The directories shall be published on the
			 AGO's website (
www.illinoisattorneygeneral.gov
)
			 and shall be revised as necessary as new information is received by the AGO.
1) If the AGO intends to remove or not list a
			 TPM from the directory, the AGO shall send a notice of intent to deny the TPM
			 or its agent for service of process. The notice of intent to deny shall
			 include:
A) the factual and legal
			 deficiencies upon which the AGO's intended action rests;
B) the actions that the TPM must undertake to
			 cure the factual or legal deficiencies upon which the intended action is based;
			 and
C) a notification that the TPM
			 shall have 10 calendar days to cure deficiencies and submit documentation or
			 other information of its attempt to cure to the AGO.
Illinois Administrative Code › Title 14 - COMMERCE › Part 250 - TOBACCO PRODUCTS MANUFACTURERS' ESCROW ENFORCEMENT ACT OF 2003 › Section 250.90 - Release of Escrow Account Money

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Funds deposited by a tobacco product manufacturer pursuant to Section 15 of the
			 Escrow Act shall be released from escrow only:
1) to pay a judgment or settlement on any
			 released claim brought against the tobacco product manufacturer by the State or
			 any releasing party located or residing in the State;
2) to the extent a tobacco product
			 manufacturer establishes that the amount it was required to place into escrow
			 was greater than the MSA payments, as determined by Section IX(i) of that
			 Agreement, in which case the excess shall revert back to the tobacco product
			 manufacturer;
3) to the extent the
			 funds were not released under subsection (a)(1) or (2) above in which case the
			 remaining funds shall revert back to the tobacco product manufacturer 25 years
			 after the date on which they were placed into escrow.
Illinois Administrative Code › Title 14 - COMMERCE › Part 250 - TOBACCO PRODUCTS MANUFACTURERS' ESCROW ENFORCEMENT ACT OF 2003 › Section 250.100 - Review of AGO Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
All AGO's determinations of removal or refusal to list and
				AGO's determinations regarding quarterly installments shall be final
				administrative decisions. Any TPM dissatisfied with the AGO's determination of
				removal or refusal to list, or with the AGO's determination regarding quarterly
				installments, may obtain judicial review, which shall be governed by the
				provisions of the Administrative Review Law [735 ILCS 5 /Art.
				III].
Illinois Administrative Code › Title 14 - COMMERCE › Part 250 - TOBACCO PRODUCTS MANUFACTURERS' ESCROW ENFORCEMENT ACT OF 2003 › Section 250.110 - Violations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The AGO may
			 investigate conduct that appears to be in violation of the Escrow Act, the
			 Escrow Enforcement Act, or this Part, and may request the assistance of the
			 Department in accordance with its investigatory powers under the Cigarette Tax
			 Act [35 ILCS 130 ], the Cigarette Use Tax Act [35 ILCS 135 ], or the Tobacco
			 Products Tax Act of 1995 [35 ILCS 143 ].
b) If the AGO determines that a violation has
			 occurred, it shall give written notice to the distributor or the TPM that has
			 committed the violation and shall provide written notice of the violation to
			 the Director. The notice shall include copies of any documents evidencing the
			 violation and a recommendation for revocation or suspension of license pursuant
			 to Section 6 of the Cigarette Tax Act, Section 6 of the Cigarette Use Tax Act,
			 or Section 10-25 of the Tobacco Products Tax Act of 1995, as
			 appropriate.
c) The AGO may
			 initiate litigation in Circuit Court to enforce the provisions of the Escrow
			 Act, the Escrow Enforcement Act, and this Part, or to seek an injunction to
			 restrain a threatened or actual violation of the Acts or rules. In any such
			 action, the AGO shall be entitled to recover the costs of the investigation,
			 the costs of the litigation, and reasonable attorney fees.
Illinois Administrative Code › Title 14 - COMMERCE › Part 300 - RESTRICTED CALL REGISTRY › Subpart A - GENERAL PROVISIONS › Section 300.10 - Procedures Governed

Current through Register Vol. 48, No. 28, July 12, 2024
The Restricted Call Registry Act [815 ILCS 402 ] concerns
				  telephone solicitations. This Part establishes procedures for a Restricted Call
				  Registry, methods to obtain the Registry, subscriber enrollment, public
				  notification, complaints procedures, violations and relief.
Illinois Administrative Code › Title 14 - COMMERCE › Part 300 - RESTRICTED CALL REGISTRY › Subpart A - GENERAL PROVISIONS › Section 300.30 - Federal Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The federal rules for the restriction of telemarketing calls
				  are found at
				  47 CFR
				  64.1200 for the Federal Communications
				  Commission and at 16 CFR 310 for the Federal Trade
				  Commission.
Illinois Administrative Code › Title 14 - COMMERCE › Part 300 - RESTRICTED CALL REGISTRY › Subpart B - RESTRICTED CALL REGISTRY › Section 300.100 - Establishment and Maintenance of the Registry

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission shall establish and provide
				for the operation of a Restricted Call Registry. The national "do-not-call"
				registry established and maintained by the Federal Trade Commission, pursuant
				to
				16 CFR
				310.4(b)(1)(iii)(B) shall
				serve as the Illinois Restricted Call Registry.
b) The Registry shall contain a list of the
				telephone numbers of residential subscribers who do not wish to receive
				telephone solicitation calls. (Section 20 of the Act [815
				ILCS 402/20 ])
Illinois Administrative Code › Title 14 - COMMERCE › Part 300 - RESTRICTED CALL REGISTRY › Subpart B - RESTRICTED CALL REGISTRY › Section 300.110 - Use of the Registry

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Information pertaining to residential subscribers in the Registry is
				confidential and shall be afforded reasonable privacy protection except as
				necessary for compliance to avoid making or causing to be made any telephone
				solicitation calls to any residential subscriber more than 45 days after the
				person or entity obtains the Registry or any update of the Registry on which
				the residential subscriber's telephone number or numbers first appear and in a
				proceeding under Subpart E. The information is not a public record under the
				Freedom of Information Act [5 ILCS 140 ]. (Sections 10 and 20 of the Act [815
				ILCS 402/10 and 20 ]
b) A person or
				entity that obtains the Registry shall not use the Registry for any purpose
				other than to comply with the Act. These unlawful purposes include, but are not
				limited to, causing a subscriber to participate in and be included in the
				Registry without the subscriber's knowledge or consent, selling or leasing the
				Registry to a person other than a telephone solicitor, selling or leasing by a
				telephone solicitor of the Registry, and a telephone solicitor, either directly
				or indirectly, persuading a subscriber with whom it has an established business
				relationship to place his or her telephone number in the Registry, if the
				solicitation has the effect of preventing competitors from contacting that
				solicitor's customers. (Section 20 of the Act)
c) No person or entity that sells, leases,
				exchanges, or rents telephone solicitation lists, except for directory
				assistance and telephone directories sold by telephone companies or their
				affiliates, shall include in those lists those telephone numbers that appear in
				the current Registry. (Section 20 of the Act)
Illinois Administrative Code › Title 14 - COMMERCE › Part 300 - RESTRICTED CALL REGISTRY › Subpart B - RESTRICTED CALL REGISTRY › Section 300.120 - Obligations of Telephone Solicitors

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prohibited calls. Beginning October 1,
				2003, it is a violation of the Act for any person or entity to make or cause to
				be made any telephone solicitation calls to any residential subscriber more
				than 45 days after the person or entity obtains the Registry or any update of
				the Registry on which the residential subscriber's telephone number or numbers
				first appear on the Registry. (Section 10 of the Act)
b) Any person or entity conducting telephone
				solicitation calls within the State of Illinois shall purchase the Restricted
				Call Registry and updates no less frequently than every 3 months exclusively
				from the Federal Trade Commission. Failure to do so prior to conducting
				telephone solicitation calls is a violation subject to the penalties provided
				for in Subpart E. (Section 20 of the Act)
Illinois Administrative Code › Title 14 - COMMERCE › Part 300 - RESTRICTED CALL REGISTRY › Subpart C - PUBLIC NOTIFICATION › Section 300.200 - Public Notification

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Commission shall include, on its Internet web site, information to customers
				regarding their right to be included in the Registry and the various methods by
				which they may enroll. (Section 30 of the Act [815
				ILCS 402/30 ])
b) At least once per year, local exchange
				telecommunications companies shall notify their customers about the
				availability from the Commission of, and instructions for requesting
				information pertaining to, the Registry. Local exchange telecommunications
				companies shall provide this notice, using language developed by the
				Commission's Consumer Services Division, through a message on the customer's
				bill, or a notice in the information section of all telephone directories
				distributed to customers and shall include on their website a link to the
				Commission's web page for the Registry.
Illinois Administrative Code › Title 14 - COMMERCE › Part 300 - RESTRICTED CALL REGISTRY › Subpart E - VIOLATIONS › Section 300.400 - Relief

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission
				may initiate administrative proceedings in accordance with this Part relating
				to a knowing and willful violation of Section 10 of the Act. (Section 35(a) of
				the Act [815 ILCS
				402/35(a) ])
b) Any enforcement proceedings for violation
				of the Act shall be conducted pursuant to 83 Ill. Adm. Code 200.
c) If it is determined after a hearing that a
				person has knowingly and willfully violated one or more provisions of Section
				35 of the Act, the Commission may assess a fine not to exceed $1,000 for the
				first violation and not to exceed $2,500 for a second or subsequent violation.
				Each individual violation of Section 10 of the Act shall be a separate and
				distinct offense under this Section. In imposing a penalty under Section 35 of
				the Act, the Commission shall, at a minimum, consider the following factors:
1) Whether the offense was knowing or
				willful;
2) Whether the entity
				committing the offense has a prior history of non-compliance with the
				Act;
3) The offender's relative
				ability to pay a penalty;
4)
				Whether the offender has or has not cooperated with the Commission in pursuing
				the investigation; and
5) Such
				other special, mitigating or aggravating circumstances as the Commission may
				find to exist.
Illinois Administrative Code › Title 14 - COMMERCE › Part 300 - RESTRICTED CALL REGISTRY › Subpart E - VIOLATIONS › Section 300.410 - Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person or
				entity may not be held liable for violating the Act if:
1) The person or entity has obtained copies
				of the Registry and each updated Registry from the Federal Trade Commission and
				has established and implemented written policies and procedures related to the
				requirements of the Act;
2) The
				person or entity has trained its personnel in the requirements of the
				Act;
3) The person or entity
				maintains records demonstrating compliance with Section 40(a)(1) and (a)(2) of
				the Act and the requirements of the Act; and
4) Any subsequent telephone solicitation is
				the result of unintentional error.
Illinois Administrative Code › Title 14 - COMMERCE › Part 400 - SOLICITATION FOR CHARITY ACT › Section 400.10 - General

Current through Register Vol. 48, No. 28, July 12, 2024
The Charitable Trusts Bureau of the Attorney General's Office
				(hereafter Bureau) will maintain a file of all charitable organizations,
				professional fund raisers, professional fundraising consultants and
				professional solicitors registered under the Illinois Solicitation for Charity
				Act at its Chicago office.
Illinois Administrative Code › Title 14 - COMMERCE › Part 400 - SOLICITATION FOR CHARITY ACT › Section 400.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The words used in this Part are used with the same meaning
				assigned to them by statute unless clarified below.
"Charitable purposes" means any charitable, benevolent,
				philanthropic, patriotic, or eleemosynary purpose and includes the conduct
				described in Section
				480.20(e)
				of Charitable Trust Act (14 Ill. Adm. Code 480).
"Contributions" means the gross amount of money raised and not
				merely the portion which after expenses is devoted to the
				charity.
Illinois Administrative Code › Title 14 - COMMERCE › Part 400 - SOLICITATION FOR CHARITY ACT › Section 400.30 - Registration

Current through Register Vol. 48, No. 28, July 12, 2024
a) Charitable
			 Organization
1) Any charitable organization
			 which solicits in Illinois must first register with the Attorney General unless
			 it is exempt under the provisions of Section 3(b) of the Act.
2) To register, a charitable organization
			 must file a completed registration statement in the forms set forth in Appendix
			 A, Illustrations A and B of this Part, all appropriate attachments, including a
			 schedule of assets and investments, and all required statutory fees. All
			 registrations must be accompanied by a copy of the instrument under which the
			 property is administered (for example, trust documents, articles of
			 incorporation, constitution, by-laws) and a financial statement. If the
			 organization employs a professional fund raiser, a copy of its contract with
			 the professional fund raiser must accompany the registration
			 statement.
3) If the organization
			 has been in operation prior to registering, it must file, in addition to its
			 registration statement, financial statements for each of the past three years
			 and executed copies of annual reports or returns filed with the Internal
			 Revenue Service for each of the past three years, must pay all filing fees and
			 all late fees as provided by Sections 2 and 4 of the Act, and is subject to
			 accounting for all past years of operation prior to registration.
4) When a registration is canceled, to return
			 to compliance, a re-registration must be made. Re-registration requires the
			 submission of all of the above registration documents as applicable, including
			 the re-registration penalty fees as provided by Section 2 of the Act.
5) Registration by an organization under
			 Section 2 of the Act may upon request also satisfy the organization's
			 registration requirements under the Charitable Trust Act [760 ILCS
			 55/5 ].
6)
			 The Attorney General may by pre-approval accept registration forms used by
			 other states which contain the information required in Appendix A, Illustration
			 A.
Illinois Administrative Code › Title 14 - COMMERCE › Part 400 - SOLICITATION FOR CHARITY ACT › Section 400.40 - Religious Exemption

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Religious organizations are subject to the Act and must register under the Act.
			 If the Attorney General has issued a religious exemption to an organization
			 pursuant to the provisions of Section 3(a) of the Act, that organization is
			 exempt from filing annual reports.
b) To obtain a religious exemption, an
			 organization must file a completed registration statement, request an exemption
			 and submit a religious exemption questionnaire in the form set forth in
			 Appendix A, Illustration C of this Part.
c) The Attorney General may require the
			 organization to supply supplemental information as is necessary to determine
			 its religious character.
d) The
			 Attorney General may issue either a blanket or an individual religious
			 exemption.
e) An individual
			 religious exemption covers a single named religious group.
f) A blanket religious exemption is issued to
			 and upon the request of the central body of a church or denomination and covers
			 the church and all of the affiliated agencies listed in the exemption
			 request.
g) Any religious
			 organization with multiple subdivisions may request a blanket
			 exemption.
h) An application for a
			 blanket religious exemption must be filed by the central governing authority of
			 the church and shall contain the information required by Section
			 400.40(b)
			 and also a list of the affiliated organizations and agencies which are directed
			 and controlled by the central church.
i) If, upon the filing of an application for
			 religious exemption, the Attorney General determines that the organization is
			 religious within the definition of Section 3(a) of the Act and that its
			 purposes are actual and genuine, a religious exemption will be
			 issued.
j) Organizations receiving
			 blanket exemptions shall periodically supply the Attorney General with current
			 lists of their affiliates.
Illinois Administrative Code › Title 14 - COMMERCE › Part 400 - SOLICITATION FOR CHARITY ACT › Section 400.60 - Annual Reports for Charitable Organizations

Current through Register Vol. 48, No. 28, July 12, 2024
a) To complete a proper annual report filing,
			 all annual reports required under the Act must be filed on the form set forth
			 in Appendix A, Illustration D of this Part and with the attachments prescribed
			 by the form and this Section, signed by both the president of the organization
			 or other authorized officer, and the chief fiscal officer, and with all
			 required statutory fees paid prior to the due date.
b) Each annual financial report is due within
			 six months after the close of the organization's fiscal year. An organization
			 may request a 60 day extension of the due date pursuant to Section 4(f) of the
			 Act.
c) Failure to file a complete
			 annual report including all required attachments, along with payment of fees
			 due prior to the due date, shall result in the organization being classified
			 delinquent, and shall subject the organization to the payment of a late filing
			 fee.
d) On each annual report an
			 organization must report separately all program costs associated with a joint
			 cost fundraising appeal to the extent such was allocated to charitable program
			 service expense and included on the annual report as charitable program service
			 expense. The organization must maintain written records showing how the
			 allocation was determined and the reasoning behind it.
e) The form and attachments required for an
			 organization's annual report is determined by the amount of its revenue and
			 assets during the reporting fiscal period or whether it has used the services
			 of a paid professional fund raiser as follows:
1) Any organization which received
			 contributions of more than $150,000 in any reporting fiscal year or any
			 organization which employed professional fund raisers during any part of the
			 fiscal year who raised contributions totaling more than $25,000 during the
			 organization's fiscal year must file:
A) The
			 Illinois Charitable Organization Annual Report form signed by the president and
			 the treasurer and/or two trustees;
B) A copy of the Federal Internal Revenue
			 return and/or report as required by the Internal Revenue Codes and incorporated
			 attachments for the same period;
C)
			 A financial report accompanied by financial statements and the certification of
			 an independent certified public accountant. Certification must be in the form
			 of an unqualified opinion letter;
D) All required statutory fees, including all
			 late fees and re-registration fees; and
E) If the organization employs a professional
			 fund raiser, the Illinois Fundraising Campaign form for each professional
			 fundraising campaign conducted during the fiscal period in the form set forth
			 in Appendix A, Illustration E of this Part.
Illinois Administrative Code › Title 14 - COMMERCE › Part 400 - SOLICITATION FOR CHARITY ACT › Section 400.65 - Mid-Year and Annual Reports for Professional Fund Raisers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Mid-Year Reports:
1) Every registered professional fund raiser
			 who takes possession or control of charitable funds directly, indirectly, by an
			 agent, or as an escrowee shall file a full written accounting to the charitable
			 organization of all funds it or its agents collected on behalf of the
			 charitable organization during the six month period ending June 30 of each
			 year, and file a copy of the accounting with the Attorney General by September
			 30 of each year.
2) The accounting
			 shall be in writing and signed under oath on forms prescribed by the Attorney
			 General as set forth in Appendix B, Illustrations D through G of this
			 Part.
Illinois Administrative Code › Title 14 - COMMERCE › Part 400 - SOLICITATION FOR CHARITY ACT › Section 400.70 - Professional Fund Raiser Renewal

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The registration of all professional fund raisers expires on the next June 30
			 following their registration.
b) A
			 registered professional fund raiser who wishes to continue to act as
			 professional fund raiser in Illinois must apply for renewal of its registration
			 during June of the year in which his registration expires.
c) To renew, a professional fund raiser must
			 file a new, completed registration statement, an annual financial report as
			 provided by the Attorney General, professional fund raiser bond which meets the
			 requirements of Section
			 400.30(b)(3)
			 for the period beginning July 1 and ending June 30 of the next year, and copies
			 of active contracts and all required statutory fees.
d) All Illinois professional fund raisers
			 must file a copy of each professional fundraising contract prior to conducting
			 a fundraising campaign.
e) All
			 charitable organizations and professional fund raisers shall retain copies of
			 their professional fundraising contracts for three years following the
			 completion of the contract.