reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 14 - COMMERCE › Part 145 - REGULATIONS UNDER THE ILLINOIS LOAN BROKERS ACT OF 1995 › Subpart F - SERVICE OF PROCESS › Section 145.1000 - Service of Process upon the Secretary of State

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any process, notice or demand to be served
				upon the Secretary of State under the Act shall be made by delivering
				personally to the Securities Director, or any employee of the Securities
				Department designated by the Securities Director to accept such service on
				behalf of the Secretary of State, or by sending by registered mail or certified
				mail, return receipt requested, a copy of the process, notice or demand to the
				Securities Department. Procedures for service are specified in the Act in the
				following Sections:
1) Service upon any
				person who has filed a consent to service of process upon the Secretary of
				State;
2) Service upon any person
				who, by virtue of acting as a loan broker in this State which is neither
				registered nor covered by an exemption from registration, shall have appointed
				the Secretary of State as agent for service of process; and
3) Service of a copy of a complaint in a
				private civil action.
Illinois Administrative Code › Title 14 - COMMERCE › Part 145 - REGULATIONS UNDER THE ILLINOIS LOAN BROKERS ACT OF 1995 › Subpart G - EVIDENTIARY MATTERS AND NON-BINDING STATEMENTS › Section 145.1200 - Request for Non-Binding Statements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Required Information and Format.
1) All requests for non-binding statements
				shall be in writing and be accompanied by the fee set forth in Section
				145.2110 of this
				Part. The request shall be filed with the Securities Department and shall
				contain the following:
A) A brief summary of
				the Sections of the Act and of the Rules to which the request
				pertains;
B) A detailed factual
				representation concerning every relevant aspect of the proposed transaction,
				such as the names of affected parties, details regarding the transactions, each
				claim of exemption, if any, and reasoning in support of each such claim.
				Requests should be limited to the particular situation, and should not attempt
				to include every possible type of situation which may arise in the
				future;
C) A discussion of current
				statutes, rules and legal principles relevant to the facts set forth;
D) A statement setting forth the person's own
				opinion in the matter and the basis for such opinion; and
E) A representation that the transaction in
				question has not been commenced and will not commence for at least 30
				days.
Illinois Administrative Code › Title 14 - COMMERCE › Part 145 - REGULATIONS UNDER THE ILLINOIS LOAN BROKERS ACT OF 1995 › Subpart H - PUBLIC INFORMATION › Section 145.1400 - Inspection of Loan Broker Records

Current through Register Vol. 48, No. 28, July 12, 2024
Records of all registered loan brokers are available for
				  public inspection during the business hours at the Springfield or Chicago
				  office of the Securities Department of the Secretary of State upon written
				  request.
Illinois Administrative Code › Title 14 - COMMERCE › Part 145 - REGULATIONS UNDER THE ILLINOIS LOAN BROKERS ACT OF 1995 › Subpart H - PUBLIC INFORMATION › Section 145.1401 - Non-Public Distribution of Information

Current through Register Vol. 48, No. 28, July 12, 2024
Information or documents obtained by employees of the
				  Secretary of State in the course of any examination or investigation pursuant
				  to Section 15-45 of the Act shall, unless made a matter of public record, be
				  deemed confidential. Employees are hereby prohibited from making such
				  confidential information or documents or any other non-public records of the
				  Secretary of State available to anyone other than an employee of the Secretary
				  of State, or other governmental agency, unless the Secretary of State
				  authorizes the disclosure of such information or the production of such
				  documents as not being contrary to the public interest.
Illinois Administrative Code › Title 14 - COMMERCE › Part 145 - REGULATIONS UNDER THE ILLINOIS LOAN BROKERS ACT OF 1995 › Subpart I - RULES OF GENERAL APPLICATION › Section 145.2100 - Business Hours of the Securities Department

Current through Register Vol. 48, No. 28, July 12, 2024
a) The principal office of the Securities
				Department at Jefferson Terrace, Suite 300A, 300 W. Jefferson Street,
				Springfield IL 62702 is open each day, except Saturdays, Sundays and holidays,
				from 8:00 a.m. to 4:30 p.m. Central Standard Time or Central Daylight Savings
				Time, whichever is currently in effect in Springfield.
b) An office of the Securities Department at
				69 West Washington Street, Suite 1220, Chicago, Illinois 60602 is open each
				day, except Saturdays, Sundays and holidays, from 8:30 a.m. to 5:00 p.m.
				Central Standard Time or Central Daylight Savings Time, whichever is currently
				in effect in Chicago.
Illinois Administrative Code › Title 14 - COMMERCE › Part 145 - REGULATIONS UNDER THE ILLINOIS LOAN BROKERS ACT OF 1995 › Subpart I - RULES OF GENERAL APPLICATION › Section 145.2101 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
The time within which an act under the Illinois Loan Broker
				  Act of 1995, [815 ILCS 175 ] shall be done shall be computed by excluding the
				  first day and including the last, unless the last day is a Saturday, Sunday or
				  holiday as defined or fixed in any statute now or hereafter in force in this
				  State, and then it shall also be excluded. If the day succeeding such Saturday,
				  Sunday or holiday is also a Saturday, Sunday or holiday, then such succeeding
				  day shall also be excluded.
Illinois Administrative Code › Title 14 - COMMERCE › Part 145 - REGULATIONS UNDER THE ILLINOIS LOAN BROKERS ACT OF 1995 › Subpart I - RULES OF GENERAL APPLICATION › Section 145.2110 - Payment of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Fees under
				the Act are as follows:
Section 15-15
Application Filing Fee
$300
Examination Fee
$50
Registration Fee
$10
Section 15-20
Renewal Application Filing Fee
$300
Examination Fee
$50
Renewal Late Fee
$100*
Loan Broker Fee to report a change in its form of
							 organization or change of its name
$20
Service of Process (when served upon the Secretary of
							 State)
$10
Section 15-50
Certificate
$10
Certified Copy of Document
$10 plus
Each Page Certified
$ .50
Non-Binding Statement
$75
Duplication of Documents
Each Page Duplicated
$ .50
Additional fee for payment of fee returned to the
							 Securities Department due to insufficient funds or for a similar reason
$50
*If the renewal application is filed within 29 days preceding
				  the expiration of the current registration.
b) All payments of fees, except for payment
				of administrative fines under the Act, as set forth below, shall be made by
				check, money order, certified check, bank cashier's check, or indicia of forms
				of electronic transfer of funds payable to the "Secretary of State". No third
				party check or money order endorsed over to the Secretary of State shall be
				accepted as payment of any fee. All payments for administrative fines, except
				for a person registered under Section 15-15 or 15-20 of the Act shall be made
				by money order, certified check or bank cashier's check.
c) Any person whose payment of fees is
				returned to the Securities Department due to insufficient funds or for a
				similar reason shall pay to the Secretary of State the amount of fee owed plus
				an additional fee as set forth in this Section for each payment returned. This
				fee shall include the fee required by 5 ILCS 290/10.
d) The Secretary of State shall require any
				person to make payment of fees in the form of a money order, certified check or
				bank money order if any previous payment of fees has been returned to the
				Securities Department due to insufficient funds or for a similar
				reason.
e) All payment of fees
				under the Act shall be deemed to be filed and the fees paid upon receipt by the
				Securities Department, provided that the fee paid is not less or more than five
				dollars of the amount due.
Illinois Administrative Code › Title 14 - COMMERCE › Part 145 - REGULATIONS UNDER THE ILLINOIS LOAN BROKERS ACT OF 1995 › Subpart I - RULES OF GENERAL APPLICATION › Section 145.2120 - Place of Filing

Current through Register Vol. 48, No. 28, July 12, 2024
All applications for registration or exemption from
				  registration and other papers filed with the Securities Department or the
				  Secretary of State pursuant to the Act shall be filed at Springfield or
				  Chicago, Illinois. Such material may be filed by delivery to the Securities
				  Department, through the mail or otherwise.
Illinois Administrative Code › Title 14 - COMMERCE › Part 145 - REGULATIONS UNDER THE ILLINOIS LOAN BROKERS ACT OF 1995 › Subpart I - RULES OF GENERAL APPLICATION › Section 145.2130 - Date of Filing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The date of
				filing of any document required to be filed with the Securities Department
				shall be the date of delivery of the document and any required fee to the
				Securities Department in Springfield or Chicago, Illinois, as specified in
				Section
				145.2120 of this
				Part, or if a document or fee is sent by United States registered mail,
				certified mail or certificate of mailing, a record authenticated by the United
				States Postal Service of such registration, certification or certificate shall
				be considered competent evidence that the document or fee was mailed on the
				date shown on the record.
b) A
				document may not be deemed to be filed with the Secretary of State unless all
				requirements of the Act and this Part with respect to such filing have been
				complied with and the required fee has been paid.
Illinois Administrative Code › Title 14 - COMMERCE › Part 145 - REGULATIONS UNDER THE ILLINOIS LOAN BROKERS ACT OF 1995 › Subpart I - RULES OF GENERAL APPLICATION › Section 145.2140 - Requirements as to Proper Form

Current through Register Vol. 48, No. 28, July 12, 2024
Any document filed with the Securities Department pursuant to
				  the Act shall be prepared in accordance with the form, if any, prescribed by
				  the Securities Department. Any such document shall be deemed to be filed on the
				  proper form unless objection to the form is made by the Securities
				  Department.
Illinois Administrative Code › Title 14 - COMMERCE › Part 145 - REGULATIONS UNDER THE ILLINOIS LOAN BROKERS ACT OF 1995 › Subpart I - RULES OF GENERAL APPLICATION › Section 145.2141 - Additional Information

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the information expressly required to be
				  included in an application for registration, the applicant shall include other
				  material information which may be necessary to make the required statements
				  truthful.
Illinois Administrative Code › Title 14 - COMMERCE › Part 145 - REGULATIONS UNDER THE ILLINOIS LOAN BROKERS ACT OF 1995 › Subpart I - RULES OF GENERAL APPLICATION › Section 145.2143 - Information Unknown or Not Reasonably Available

Current through Register Vol. 48, No. 28, July 12, 2024
Information required need be given only insofar as it is
				  known or reasonably available to the applicant. If any required information is
				  unknown and not reasonably available to the applicant, either due to
				  unreasonable effort or expense, or because it rests within the knowledge of
				  another person not affiliated with the applicant, the information may be
				  omitted, subject to the following conditions:
a) The applicant shall give such information
				on the subject as it possesses or can acquire without unreasonable effort or
				expense, together with the sources thereof.
b) The applicant shall include a statement
				either showing that unreasonable effort or expense would be involved or
				indicating the absence of any affiliation with the person within whose
				knowledge the information rests and stating the result of a request made to the
				person for the information.
Illinois Administrative Code › Title 14 - COMMERCE › Part 145 - REGULATIONS UNDER THE ILLINOIS LOAN BROKERS ACT OF 1995 › Subpart I - RULES OF GENERAL APPLICATION › Section 145.2144 - Requirements as to Paper, Printing and Language

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application for registration shall be
				filed on good quality, unglazed, white paper, 81/2 by 11 inches in size,
				insofar as practicable.
b) The
				application for registration, and all papers and documents filed as a part
				thereof, shall be printed, lithographed, mimeographed or typewritten. However,
				the application or any portion thereof may be prepared by any similar process
				which, in the opinion of the Secretary of State, produces copies suitable for
				permanent record. All copies of the material shall be clear, easily readable
				and suitable for repeated photocopying.
c) The application for registration shall be
				in the English language. If any exhibit or other paper or document filed with
				the application for registration is in a foreign language, it shall be
				accompanied by a translation into the English language.
Illinois Administrative Code › Title 14 - COMMERCE › Part 145 - REGULATIONS UNDER THE ILLINOIS LOAN BROKERS ACT OF 1995 › Subpart I - RULES OF GENERAL APPLICATION › Section 145.2145 - Number of Copies - Signatures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				One copy of the completed application for registration, manually signed by the
				applicant, including exhibits and all other papers, if any, and documents filed
				as a part of the application, shall be filed with the Securities
				Department.
b) If any name is
				signed to the application for registration pursuant to a power of attorney, a
				copy of the power of attorney shall be filed with the application for
				registration. In addition, in the case of a corporate applicant, if the name of
				any officer signing on behalf of the applicant, or attesting to the applicant's
				seal, is signed pursuant to a power of attorney, a copy of a resolution of the
				applicant's board of directors authorizing the signature shall be filed with
				the application for registration.
Illinois Administrative Code › Title 14 - COMMERCE › Part 145 - REGULATIONS UNDER THE ILLINOIS LOAN BROKERS ACT OF 1995 › Subpart I - RULES OF GENERAL APPLICATION › Section 145.2190 - Provisions for Granting of Variance from Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The Secretary of State or his or her designee may grant
				  variances from this Part in individual cases where he or she determines
				  that:
a) the provisions from which the
				variance is granted is not statutorily mandated;
b) no party will be injured by granting the
				variance; and
c) the Section from
				which the variance is granted would, in the particular case, be unnecessarily
				burdensome.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart A - HEARING PROCEDURES › Section 150.10 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart shall apply to all hearings conducted pursuant
				  to the Business Corporation Act of 1983 [805 ILCS 5 ].
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart A - HEARING PROCEDURES › Section 150.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" shall mean the Business Corporation Act of 1983 (Ill.
				  Rev. Stat. 1991, ch. 32, par. 1.01 et seq.) [805 ILCS 5 ].
"Applicant" or "Petitioner" is the party who, by written
				  request seeks or applies for any relief from the Department under the
				  provisions of the Business Corporation Act of 1983, or otherwise from any rule,
				  regulation, order, or determination of the Office.
"Contested case" means any adjudicatory proceeding conducted
				  by the Office in which the legal rights, privileges, immunities, duties, or
				  obligations of any person or party are required by law or regulation to be
				  determined by the Secretary of State after an opportunity for a hearing.
"Department" means the Department of Business Services of the
				  Office of the Secretary of State of Illinois.
"Director" means the Director or Acting Director of the
				  Department.
"Division" means the Corporation Division of the
				  Department.
"Hearing" means a proceeding conducted by the Department of
				  Business Services of the Secretary of State in which the rights, privileges,
				  immunities, duties or obligations of any person or party are required by law to
				  be determined by the Secretary of State only after opportunity for a
				  hearing.
"Hearing Officer" means the presiding official(s) designated
				  by the Department of Business Services of the Secretary of State to conduct a
				  hearing or anyone designated by the Department of Business Services to hear
				  evidence. The hearing officer must be admitted to practice law in the State of
				  Illinois and must be a member in good standing of the Bar of Illinois.
"Office" refers to the Office of the Secretary of State and
				  not to any particular department, address, or location.
"Party" means any person named or admitted as a participant
				  in any hearing conducted pursuant to these rules, including the Office and
				  Department.
"Person" includes any individual, corporation, partnership,
				  association, or firm legally capable of either seeking the action of the Office
				  or being the subject of said action.
"Respondent" means a person against whom a complaint or
				  petition is filed, or who, by reason of interest in the subject matter of a
				  petition or application or the relief sought therein, is made a respondent or
				  to whom an order or complaint is directed by the Department initiating a
				  proceeding.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart A - HEARING PROCEDURES › Section 150.30 - Right to Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
a) 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 by special leave of the Hearing Officer appointed to conduct the
				hearing, upon the attorney's verbal representation or written documentation as
				to the attorney's admission to the practice of law.
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 150 - BUSINESS CORPORATION ACT › Subpart A - HEARING PROCEDURES › Section 150.40 - Appearance of Attorney

Current through Register Vol. 48, No. 28, July 12, 2024
An attorney appearing in a representative capacity shall file
				  with the Department a written notice of appearance identifying himself by name,
				  address, and telephone number, and identifying the party
				  represented.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart A - HEARING PROCEDURES › Section 150.50 - Special Appearance

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to filing any other pleading or motion, a special
				  appearance may be made either in person or by attorney for the limited purpose
				  of objecting to jurisdiction. Every appearance not expressly designated a
				  special appearance shall be deemed 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 affidavit setting
				  forth the reasons. In ruling upon any objection at any hearing, the Hearing
				  Officer will consider all matters apparent from the papers on file, affidavits
				  submitted by any party, and any other evidence adduced 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 of defense
				  which might otherwise have been made. If the Hearing Officer sustains the
				  objection, an appropriate order shall be entered of record. Error in ruling
				  against the objection is not waived by the objector's taking part in further
				  proceedings in the matter.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart A - HEARING PROCEDURES › Section 150.60 - Substitution of Parties or Attorneys

Current through Register Vol. 48, No. 28, July 12, 2024
A Hearing Officer will, upon motion, order a substitution of
				  parties or attorneys when attorneys have withdrawn or been replaced by a party,
				  or the proposed new party is the successor in interest to the previous
				  party.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart A - HEARING PROCEDURES › Section 150.70 - Commencement of Action; Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) A contested case is commenced by the
				Office, either at the request of the applicant or on the Office's initiative,
				by service of a Notice of Hearing upon the respondent at the last known address
				of the respondent on the records of the Department.
b) The Notice of Hearing shall include:
1) The names and addresses of all known
				parties and respondent, or the Department initiating said hearing, or the fact
				that the hearing is at the request of the Petitioner or applicant.
2) The time, date, and place of
				hearing;
3) The name of the Hearing
				Officer;
4) A short and concise
				statement of facts, (as distinguished from conclusions of law or a mere
				recitation in the words of the statute) alleging the act or acts done by each
				Petitioner or, where appropriate, Respondent; the time, date, and place each
				such act was done; and the rule, statute, or constitutional provision, if any,
				alleged to have been violated, or otherwise involved in the proceeding; and the
				relief sought by the petitioning party;
5) A concise statement to each party that:
A) Such party may be represented by legal
				counsel; may present evidence; may cross-examine witnesses and otherwise
				participate in the hearing.
B)
				Failure to so appear shall constitute a default, unless such party has, upon
				due notice to other parties moved for and obtained a continuance from the
				Hearing Officer.
C) Delivery of
				notice to the designated representative of a party constitutes service upon
				said party.
D) Upon delivery of
				notice in a multi-party contested case, the Department shall not participate in
				any ex-parte consultation leading to disposition of the case with any one party
				without giving prior notice of any opportunity to participate in such
				consultation to all other parties.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart A - HEARING PROCEDURES › Section 150.80 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
All motions shall be made in writing and shall set forth the
				  relief or order sought and shall be filed with the Department at least
				  twenty-four hours before the time of the hearing so they can be considered by
				  the Hearing Officer. Motions based on matter which does not appear of record
				  shall be supported by affidavit. Motions may be presented by a party to obtain
				  appropriate relief, such as to dismiss the proceedings, to add necessary
				  parties, or to extend time for compliance with an order.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart A - HEARING PROCEDURES › Section 150.90 - Form of Papers

Current through Register Vol. 48, No. 28, July 12, 2024
All papers filed in any proceeding shall be legibly written,
				  or typewritten, on white paper using one side of the paper only. They shall
				  contain a caption showing the title of the proceeding with a case number. All
				  papers must be signed by the party filing the same or his authorized
				  representative or attorney, and shall contain his address and telephone number.
				  An original and one copy shall be filed by each party.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart A - HEARING PROCEDURES › Section 150.110 - Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				shall prepare a written order and opinion 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 of State shall
				be the decision of the Office upon the application for relief.
d) The Department shall notify all parties or
				their agents personally or by mail of the Findings of Fact, Conclusions of Law,
				Recommendations, and the Order, within 180 calendar days after the end of the
				hearings.
e) Orders of Default
				shall be entered against the petitioner or respondent, as the case may be,
				where the petitioner or respondent fails to appear for the hearing at the
				scheduled time, and has failed to request, or has not been granted a
				continuance in accordance with Section
				150.100(t) and
				(u).
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart A - HEARING PROCEDURES › Section 150.120 - 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 evidence admitted;
3) A statement of matters officially
				noticed;
4) A transcript of the
				proceedings;
5) The Findings of
				Fact, Conclusions of Law, and Recommendation of the Hearing Officer.
6) The Order of the Secretary of State, which
				shall constitute a final administrative decision within the provisions of the
				Administrative Review Law [805 ILCS 5 /Art. III].
7) All staff memoranda or data submitted to
				the Hearing Officer in connection with his or her consideration of the case.
				F4F2
8) Any communication
				prohibited by Section 10-60 of the Illinois Administrative Procedure Act
				[5 ILCS
				100/10-60 ], but such communication shall not form the
				basis for any finding of fact. F4F2
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart A - HEARING PROCEDURES › Section 150.130 - Invalidity

Current through Register Vol. 48, No. 28, July 12, 2024
If any part of this Subpart shall be held invalid by a court
				  of competent jurisdiction, such holding shall not affect the remaining parts
				  thereof.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart B - SALE AND RELEASE OF INFORMATION › Section 150.200 - Annual List of Corporations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				annual list of corporations shall contain the list of all corporations
				registered in the State of Illinois, both foreign and domestic during a
				calendar year, as shown on the records of the Department of Business Services
				of the Office of the Secretary of State.
b) All requests for the annual list shall be
				sent to the Director of the Department of Business Services at Room 328,
				Howlett Building, Springfield, Illinois 62756.
c) The fee for the annual list shall be equal
				to the cost of publishing plus postage, not to exceed $200. The fee shall be
				paid by certified check or money order. No fee shall be charged to local
				governments, State departments or agencies.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart B - SALE AND RELEASE OF INFORMATION › Section 150.210 - Monthly List of Corporations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				monthly list of newly formed corporations shall consist of the daily lists
				compiled for the previous calendar month. (Ill. Rev. Stat. 1991, ch. 32, par.
				1.25) [805 ILCS
				5/1.25 ]
b) Local governments or state departments
				desiring to receive the monthly list of corporations shall request such list in
				writing, directed to the Director of the Department of Business Services, Room
				328, Howlett Building, Springfield, Illinois 62756.
c) The fee for the monthly list shall be
				$180.00 per year, payable by check or money order for a 12 month subscription
				or $15.00 per month for the balance of a subscription term, unless a fee
				exemption in Section
				1.25 of the
				Business Corporation Act of 1983 (Ill. Rev. Stat. 1991, ch. 32, par. 1.25)
				[805 ILCS
				5/1.25 ] exists.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart B - SALE AND RELEASE OF INFORMATION › Section 150.220 - Daily List of Corporations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				daily list of newly formed corporations, business and not-for-profit, shall be
				published by the Department of Business Services.
b) All requests to subscribe to the daily
				list shall be sent to the Director of the Department of Business Services, Room
				328, Howlett Building, Springfield, Illinois 62756.
c) The charge for the subscription to the
				daily list of corporations shall be $318 for a 12 month subscription or $26.50
				per month for the balance of the subscription term based on a calendar year,
				payable by certified check or money order by all subscribers, except local
				governments or state departments and agencies.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart B - SALE AND RELEASE OF INFORMATION › Section 150.230 - Computer Access to Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) Computer connections by non-Department
				users.
1) Computer terminal connections to
				the Secretary's computer may be provided to other State agencies. This service
				may be made available at no charge so long as the requesting agency incurs all
				costs and so long as the service does not substantially increase costs or
				network traffic on the Secretary's computer.
2) Fees for information supplied by means of
				computer connections between the Secretary of State's computers and those of
				any other agency, corporation, or person may be paid on a daily or monthly
				basis for all information delivered during that day or month, as determined by
				the Secretary and the agency or person to be the economically simplest way of
				billings. The proper fee shall be determined by negotiation between the agency
				or commercial user and the Director based upon telephone line charges, rental
				or purchase fees for terminals, and any other appropriate factors, such as
				statutory fees (see
				805 ILCS
				5/15.10 ) for certain types of information and the
				requirements of this Subpart.
3)
				Computer terminal connection may be allowed to commercial users provided that
				all costs are borne by the commercial user. The allowance of computer terminal
				connections shall be contingent upon the best interests of the Office of the
				Secretary of State, which is based upon the volume of requests received, the
				cost-effectiveness of providing the information through computer terminal
				connections as opposed to other methods, and other factors which may impede the
				operations of the Office of the Secretary of State. This service will be
				suspended at any time, should the connection interfere with the Secretary's
				internal work schedules and processing.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart B - SALE AND RELEASE OF INFORMATION › Section 150.240 - Abstracts of Corporate Record

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				An abstract of corporate record of a corporation 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.
b) All requests for abstracts of corporate
				records shall be in writing shall be sent to the Department of Business
				Services, Room 328, Howlett Building, Springfield, Illinois 62756. Attention:
				Abstracts.
c) The fee for each
				abstract of corporate record shall be $5.00 and must accompany the written
				request.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart B - SALE AND RELEASE OF INFORMATION › Section 150.250 - Invalidity

Current through Register Vol. 48, No. 28, July 12, 2024
If any part of this Subpart shall be held by a court of
				  competent jurisdiction to be invalid, such holding shall not affect the
				  remaining parts thereof.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart C - ERRORS, REFUNDS, CORRECTIONS, ADJUSTMENTS, OBJECTIONS, AND OTHER RELIEF › Section 150.300 - Errors or Defects

Current through Register Vol. 48, No. 28, July 12, 2024
a) Matters
				deemed "errors" or "defects" for which a statement of correction may be filed
				are facts that have been misreported in a document filed with the Secretary of
				State's Office and do not include any other matter which in retrospect is
				considered a mistake or which as to the action reported reflects a subsequent
				event.
b) Matters deemed errors or
				defects in original articles of incorporation are: typographical errors in the
				names of the first board of directors (but not such as to substitute or delete
				a person or part); errors in the number of shares proposed to be issued; or
				errors in the amount of consideration to be received for the initial issue of
				shares. Any other matters shall not be the subject of a statement of correction
				but, in an appropriate case, shall be dealt with by articles of
				amendment.
c) Matters deemed errors
				or defects in an application for an original or amended certificate of
				authority of a foreign corporation and for which a statement of correction may
				be filed are: typographical errors in the corporate name which is not the same
				as the name shown on the certified copy; errors in the names or addresses of
				the directors, the officers, or the principal office; errors in the number of
				shares issued or in the amount of the paid-in capital.
d) Matters deemed errors or defects for which
				a statement of correction may be filed in a reservation of transfer of
				corporate name, an application to adopt, change or cancel an assumed corporate
				name, an application for registration or renewal of corporate name (foreign), a
				statement of change or notice of resignation of registered agent/office, or an
				application for reinstatement not including the corporate or assumed corporate
				name are those in the personal names or addresses reported therein, but not
				those alleged errors which would substitute or delete a person or party or
				address.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart C - ERRORS, REFUNDS, CORRECTIONS, ADJUSTMENTS, OBJECTIONS, AND OTHER RELIEF › Section 150.305 - Financial Data as Support Documentation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any statement of correction which may
				result in a refund or adjustment of more than $5,000.00 must be accompanied by
				a financial statement by a certified public accountant explaining in detail the
				financial and accounting basis for the petition. This statement must explain
				when, by whom, and through what process the original error or mistake was made,
				and the true financial facts at the time of original filing of documents by the
				corporation.
b) Internal Revenue
				forms for corporate taxes, state tax forms for corporate taxes, corporate
				balance sheets, and other corporate financial reports shall be submitted if
				requested by the Department to show the validity of the statements contained in
				the petition.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart C - ERRORS, REFUNDS, CORRECTIONS, ADJUSTMENTS, OBJECTIONS, AND OTHER RELIEF › Section 150.310 - Invalidity

Current through Register Vol. 48, No. 28, July 12, 2024
If any part of this Subpart shall be held by a court of
				  competent jurisdiction to be invalid, such holding shall not affect the
				  remaining parts thereof.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart D - NAMES › Section 150.400 - 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 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 method; 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.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart D - NAMES › Section 150.405 - Final Determination of Availability

Current through Register Vol. 48, No. 28, July 12, 2024
A final determination whether a proposed name is available as
				  a corporate name shall be made only upon payment of the proper fees as listed
				  in Section
				  15.10 of the Act (Ill.
				  Rev. Stat. 1991, ch. 32, par. 15.10) [805 ILCS
				  5/15.10 ] and the submission of a document required or
				  permitted to be filed with the Secretary of State, stamped and filed with the
				  Department of Business Services, which necessitates such a determination. (Ill.
				  Rev. Stat. 1991, ch. 32, pars. 4.05 to 4.25) [805 ILCS 5/4.05 to
				  4.25]
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart D - NAMES › Section 150.410 - Response as to Basis of Unavailability

Current through Register Vol. 48, No. 28, July 12, 2024
Any final determination or any preliminary determination
				  under this subpart that indicates a proposed name is unavailable shall specify
				  a reason therefor when a document has been properly submitted or when a request
				  in writing has been made, and has specifically requested that a reason for
				  unavailability be stated. Only one reason for unavailability need be stated
				  and, when appropriate, only one conflicting name need be set forth. Any stated
				  reason for unavailability made with respect to a preliminary determination
				  shall be informational only and shall not be deemed a final determination for
				  any purpose.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart D - NAMES › Section 150.415 - Reconsideration Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant may request reconsideration of a final
				  determination that a proposed name is unavailable, by making a written request
				  addressed to the Director, Room 328, the Howlett Building, Springfield,
				  Illinois, 62756. The applicant shall attach to his request a copy of the
				  written final determination made rejecting the name, and shall include a
				  statement of the reasons upon which the applicant seeks approval of the name.
				  The applicant may include material in support of the request for
				  reconsideration. This reconsideration procedure shall not apply to any request
				  for a preliminary determination of availability. Only after the Director's
				  determination of unavailability shall an applicant be entitled to a hearing
				  pursuant to Subpart A of this Part.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart D - NAMES › Section 150.420 - Effect of Final Determination

Current through Register Vol. 48, No. 28, July 12, 2024
A final determination under this subpart that a corporate
				  name is available is concerned solely with the administrative convenience of
				  the Department of Business Services, and does not warrant the name selected or
				  guarantee the unqualified use of the name without regard to the rights of other
				  parties. The Secretary of State does not pass upon the legality of a corporate
				  name by merely permitting incorporation, qualification, reservation or
				  registration under a name. A final determination of corporate name
				  unavailability is not based on deceptiveness, confusing similarity or other
				  such considerations derived from unfair competition and trademark
				  law.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart D - NAMES › Section 150.425 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of this subpart shall be applicable to all
				  corporations, which are, or will or may become subject to the provisions of the
				  Business Corporation Act of 1983 [805 ILCS 5 ].
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart D - NAMES › Section 150.430 - Availability of Names: Statutory Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
A proposed corporate name shall comply with the applicable
				  provisions of the Business Corporation Act of 1983 [805 ILCS 5 ], the General
				  Not For Profit Corporation Act [805 ILCS 105 ], the Professional Service
				  Corporation Act [805 ILCS 10 ], the Medical Corporation Act [805 ILCS 15 ], the
				  Close Corporation Act [805 ILCS 5/Art. 2A], and any other statute of this State
				  which may prohibit or restrict corporate names.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart D - NAMES › Section 150.435 - Standards - Conflicting Names

Current through Register Vol. 48, No. 28, July 12, 2024
A corporate name shall be distinguishable upon the record of
				  the Secretary of State, Department of Business Services, from the name or
				  assumed name of any domestic corporation or limited liability company organized
				  under the Limited Liability Company Act, whether profit or not for profit,
				  existing under any Act of this State or of the name or assumed name of any
				  foreign corporation or foreign limited liability company registered under the
				  Limited Liability Company Act, whether profit or not for profit, authorized to
				  transact business in this State, or a name the exclusive right to which is, at
				  the time, reserved or registered in the manner provided in the Act or Section
				  1-15 of the Limited Liability Company Act.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart D - NAMES › Section 150.440 - Distinguishable - Defined

Current through Register Vol. 48, No. 28, July 12, 2024
A corporate name is distinguishable when containing a
				  difference from other names on the record when the corporate name
				  distinguishability is recognizable by the Secretary of State or his/her
				  designee by means of sight.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart D - NAMES › Section 150.445 - Matters Not Considered

Current through Register Vol. 48, No. 28, July 12, 2024
Only the proposed name and the names of active corporations
				  and active limited liability companies, and domestic corporations that have
				  been administratively dissolved for less than three years, on record are
				  considered in determining name availability. Among the matters not considered
				  are:
a) the purpose, location or
				relative size of the business;
b)
				the intent of the applicant;
c) any
				consent by a corporation bearing a similar title;
d) the names of unincorporated
				entities;
e) the common law or
				statutory law of unfair competition, unfair trade practices, trade marks, trade
				names, service marks, service names, copyrights or any other right to the
				exclusive use of names or symbols;
f) the names of corporations or limited
				liability companies not on record with the Secretary of State;
g) whether or not the public may be likely to
				be deceived or misled by the resemblance of the proposed name to the name of
				other corporations or limited liability companies;
h) whether or not an existing corporation or
				limited liability company may possibly be injured by a resemblance to the
				proposed name;
i) any criteria of
				sound, including, but not limited to, phonetics derived from deliberate
				misspelling or otherwise.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart D - NAMES › Section 150.450 - Differences

Current through Register Vol. 48, No. 28, July 12, 2024
Corporate names are deemed not to be distinguishable when a
				  comparison of the names reveals no difference except for:
a) one or more of the terms "corporation",
				"company", "incorporated", "limited", or "limited liability company" or an
				acceptable abbreviation thereof, regardless of where in the name such term may
				appear;
b) the inclusion or
				omission of punctuation, articles of speech, conjunctions, contractions (or
				symbols thereof), or a letter or letters;
c) an abbreviation versus a spelling out of a
				word; a different tense of a word; or the use of the singular as opposed to the
				plural of a word.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart D - NAMES › Section 150.455 - Surnames

Current through Register Vol. 48, No. 28, July 12, 2024
A surname shall be considered a "word". Where a corporate
				  name consists of a surname without a given name or initials, it is treated in
				  the same manner as other words for application of this subpart. A person may
				  use his or her own name in a corporate name, but the corporate name must still
				  be distinguishable from other corporate names.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart D - NAMES › Section 150.460 - Alphabet Names

Current through Register Vol. 48, No. 28, July 12, 2024
Where a name or unit of a name consists of initials only or
				  letters of the alphabet, the combination of initials or letters of the alphabet
				  will be treated as a "word" in the same manner as other words for application
				  of the subpart.