reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart D - NAMES › Section 150.470 - Restricted and Professional Words

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Words which are subject to restrictions on their use in a corporate name
				include, but are not limited to, the following and any variation thereof:
				Trust, Pawners, Cooperative, Housing, Engineering, Insurance, Bank, Bankers,
				Banking, Union, Surety, Underwriters, Assurance, Reinsurance, Indemnity,
				Casualty, Guaranty, Gaurantee, Guarantor, Trustee and Fiduciary or any other
				prohibited term.
b) However,
				"Banks", "Banker", or "Banking" may be used in a corporate name if, at the time
				of filing of the articles of incorporation, application for certificate of
				authority by a foreign corporation, or an amendment to either of these
				documents to change the corporate name, the corporation or incorporators give
				the Department a letter signed by the Commissioner of Banks and Trusts of
				Illinois granting permission to use these words, pursuant to the standards set
				forth in the Illinois Banking Act, Section 46 [205
				ILCS 5/46 ].
1) The
				corporation using any of these aforementioned words must not be engaged in the
				banking business, but may be a bank holding company.
2) The use of these words shall be allowed if
				the corporation is not doing financial business and otherwise prohibited word
				is a person's proper name, e.g. "Robert Banks".
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart D - NAMES › Section 150.475 - Acceptable Characters of Print

Current through Register Vol. 48, No. 28, July 12, 2024
The Corporate name must consist of letters of the English
				  alphabet, Arabic or Roman numerals, and/or symbols capable of being readily
				  reproduced by the Office of the Secretary of State [805 ILCS
				  5/4.05(a)(6) ].
a) Letters of the English alphabet include
				upper case or capital letters only; no distinction as to type face or font is
				recognized.
b) Arabic numerals
				include: 0,1,2,3,4,5,6,7,8,9
c)
				Roman numeral characters include: I, V, X, L, C, D, M
d) Symbols recognized by the Secretary of
				State include: ! @ # $ % & * ( ) - = + : " ; ' / ? , .
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart D - NAMES › Section 150.480 - 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 150.485 - Improper Names

Current through Register Vol. 48, No. 28, July 12, 2024
The corporate name or assumed corporate name shall not
				  contain any word or words that create a connotation that is offensive to good
				  taste and decency.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart D - NAMES › Section 150.490 - Assumed Corporate Names

Current through Register Vol. 48, No. 28, July 12, 2024
When a foreign corporation is authorized to transact business
				  in Illinois and its true corporation name is not available for use, the
				  corporation must comply with Sections 4.05(a)(1) and
				  4.15
				  of the Business Corporation Act. [805 ILCS 5 ]
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart E - SERVICE OF PROCESS ON THE SECRETARY OF STATE › Section 150.500 - Preamble

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of this Part, service of process on the
				  Secretary of State shall refer to any service to be had on the Secretary of
				  State in his or her capacity as an agent for service on corporations as
				  required by the provisions of the Business Corporation Act of 1983 [805 ILCS 5
				  ].
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart E - SERVICE OF PROCESS ON THE SECRETARY OF STATE › Section 150.510 - Manner of Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				process, notice or demand to be served under this Part shall be made upon the
				Secretary of State, or the Director of the Department of Business Services, or
				any employee of the Department designated by the Director to accept such
				service for him or her, in the following manner:
1) Service shall comply with the provisions
				of the Civil Practice Law in all respects (Ill. Rev. Stat. 1991, ch. 110, pars.
				2-201 and 2-212) [735 ILCS 5/2-201 and 2 -212], the Federal Rules of Civil
				Procedure (28 USCA) or any administrative rules of service, as may be
				appropriate.
2) The affidavit of
				compliance required by Section 5.25 of the Business Corporation Act of 1983 to
				be appended to the process, notice or demand to be served, containing the
				information described in subsection (b) herein, shall be signed by the person
				instituting the action, suit or proceeding or by an attorney of record and the
				signature of the affiant, without more, shall constitute the affirmation or
				acknowledgment, under penalties of perjury, that the affidavit is the act or
				deed of the affiant and that the facts stated therein are true.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart E - SERVICE OF PROCESS ON THE SECRETARY OF STATE › Section 150.520 - Place of Service

Current through Register Vol. 48, No. 28, July 12, 2024
Service of any process, notice or demand made under this Part
				  shall be had with the Department of Business Services either at Room 328,
				  Howlett Building, Springfield, Illinois 62756, or at 69 W.Washington St., Room
				  1240, Chicago IL 60602.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart E - SERVICE OF PROCESS ON THE SECRETARY OF STATE › Section 150.530 - Payment of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
At the time of any service under this Part, there shall be
				  paid a fee of $10, payable by check or money order to the "Illinois Secretary
				  of State." Each process, notice or demand shall be submitted with a separate
				  payment.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart E - SERVICE OF PROCESS ON THE SECRETARY OF STATE › Section 150.540 - 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 F - FEES, FRANCHISE TAX AND LICENSE FEES: ANNUAL REPORT › Section 150.600 - Payment of Fees, Franchise Tax and License Fee

Current through Register Vol. 48, No. 28, July 12, 2024
All payments of fees, franchise taxes, license fees and
				  penalties with respect to original articles of incorporation, applications for
				  original certificates of authority and applications for reinstatement of
				  domestic or foreign corporations shall be by money order, certified check,
				  cashier's check or a check drawn on the account of an Illinois licensed
				  attorney or certified public accountant, payable to the "Secretary of State."
				  All other payments may be made by personal or business firm check, payable to
				  the "Secretary of State". Any check that is returned by the bank to the
				  Secretary of State's Office for any reason will immediately void the
				  transaction for which it was intended and the Secretary of State will treat the
				  filing event as never occurring.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart F - FEES, FRANCHISE TAX AND LICENSE FEES: ANNUAL REPORT › Section 150.610 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purpose of computing franchise taxes and license fees
				  as provided in Sections 15.40, 15.55 and
				  15.70 of the
				  Business Corporation Act of 1983 [805 ILCS 5/15.40, 15.55 and 15.70] the words
				  and phrases in this Section shall have the meaning set forth herein.
a) "Property" means gross assets, including
				all real, personal tangible and intangible property, without
				qualification.
b) "Business" means
				gross receipts, from whatever source derived.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart F - FEES, FRANCHISE TAX AND LICENSE FEES: ANNUAL REPORT › Section 150.620 - Annual Report

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Section 14.05 of the Business Corporation Act of
				  1983 (Ill. Rev. Stat. 1991, ch. 32, par. 14.05) [805
				  ILCS 5/14.05 ], the annual report of domestic or
				  foreign corporation, to be filed in calendar year 1986 and thereafter, shall
				  include the state or country under the laws of which the corporation is
				  organized, the date of incorporation or qualification, and the period of its
				  duration.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart F - FEES, FRANCHISE TAX AND LICENSE FEES: ANNUAL REPORT › Section 150.621 - Confidentiality of Annual Report Financial Data

Current through Register Vol. 48, No. 28, July 12, 2024
The Secretary and the Department shall keep confidential all
				  corporate revenue and expense data contained on annual reports and applications
				  for certificates of authority to do business filed with the Department as
				  required by Section
				  1.40 of
				  the Act. Such information shall not be released to any person, entity,
				  government agency, or corporation except upon presentation to the Department of
				  a valid and certified court order, issued by a court with jurisdiction over the
				  corporation whose report is sought, directing the Department to release
				  reported information. Any fee for copies must be paid at the same time of
				  request by the party seeking the report. (Such confidentiality is pursuant to
				  Section
				  1.40 of
				  the Act, because the financial information is being given to the Department in
				  response to interrogatories on the annual report form and the forms for
				  applying for a certificate of authority.)
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart F - FEES, FRANCHISE TAX AND LICENSE FEES: ANNUAL REPORT › Section 150.630 - Shares Having a Par Value

Current through Register Vol. 48, No. 28, July 12, 2024
The consideration received at the time of the issuance of
				  shares or, in the case of shares issued as a share dividend, the amount added
				  or transferred to the paid-in capital for or on account of the issuance of
				  shares cannot be less than the aggregate par value of the shares issued, and at
				  no time shall the paid-in capital be an amount less than the aggregate par
				  value of all issued shares.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart F - FEES, FRANCHISE TAX AND LICENSE FEES: ANNUAL REPORT › Section 150.631 - Amended Annual Report

Current through Register Vol. 48, No. 28, July 12, 2024
a) A corporation
				may amend its most recently filed annual report to denote any subsequent
				changes in the names and addresses of its officers and directors, principal
				place of business and/or status as a minority or female owned business. The
				amended annual report must set forth the information required in Section
				14.05(a), (b), (c), (d), (e), (f), (g) and (i) of the Business Corporation
				Act.
b) An amended annual report
				shall not take the place of any document, statement or report otherwise
				required to be filed by the Business Corporation Act.
c) The filing fee for an amended annual
				report will be the amount set forth in Section
				15.10(o)
				of the Business Corporation Act.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart F - FEES, FRANCHISE TAX AND LICENSE FEES: ANNUAL REPORT › Section 150.632 - Officers and Directors - Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
An officer and/or director of a domestic or foreign
				  corporation, incorporated or authorized to transact business in this State,
				  must be a natural person and 18 years of age or older.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart F - FEES, FRANCHISE TAX AND LICENSE FEES: ANNUAL REPORT › Section 150.640 - 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 G - INTERPRETIVE COMMENTS AND GENERAL PROVISIONS › Section 150.700 - Interpretive Comments Applicable Generally

Current through Register Vol. 48, No. 28, July 12, 2024
The annotations in the Illinois Business Corporation Act
				  Annotated, with forms, Third Edition, as supplemented, copyright 1975 (no
				  subsequent dates or editions), prepared by the Chicago Bar Association, to the
				  extent that they continue to apply to those Sections of the Act which remain in
				  effect, are also adopted and incorporated by reference herein, pursuant to
				  Section 5-75 of the Illinois Administrative Procedure Act (Ill. Rev. Stat.
				  1991, ch. 127, par. 1005-75) [5 ILCS
				  100/5-75 ]. A copy of this book, in three volumes, is
				  available for inspection in the Department's Springfield office, or Chicago Bar
				  Association, 321 South Plymouth Court, Chicago, Illinois 60604.
AGENCY NOTE: The Department shall employ the official
				  comments of the Corporate Acts Advisory Committee of the Secretary of State on
				  the Illinois Business Corporation Act of 1983 as guidelines in administering
				  and interpreting the Act. Copies of the comments are available from:
Business Services Department
Office of the Secretary of State
Room 328, Howlett Building
Springfield, Illinois 62756
(217)782-6961
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart G - INTERPRETIVE COMMENTS AND GENERAL PROVISIONS › Section 150.705 - Paid-In Capital

Current through Register Vol. 48, No. 28, July 12, 2024
The phrase "paid-in capital represented by shares acquired
				  and cancelled" contained in Section 9.20(a)(1)(i) of the Act shall mean the
				  actual cost of the re-acquired shares paid by the corporation, or decrease in
				  paid-in capital, to the corporation from the acquisition of shares. Except, in
				  the case of a wholly owned subsidiary created and funded totally from the
				  assets of the parent corporation, the merger of the subsidiary back into the
				  parent corporation shall not result in the totalling of the paid-in capital of
				  the parent and subsidiary corporations as to corporate funds or assets that
				  were not created previously by one of the merging corporations and transferred
				  to the other corporation. The surviving corporation must demonstrate, by
				  competent financial evidence presented to the Department, the history of the
				  financial transactions between the parent and subsidiary corporation. If the
				  request of the corporation is denied, it may seek relief pursuant to Subpart A
				  of this Part.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart G - INTERPRETIVE COMMENTS AND GENERAL PROVISIONS › Section 150.710 - Advice to the Public

Current through Register Vol. 48, No. 28, July 12, 2024
The Department staff will not provide legal advice to any
				  member of the public concerning the Act, or the best or better words or phrases
				  to place in the forms provided by the Department for use under the
				  Act.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart G - INTERPRETIVE COMMENTS AND GENERAL PROVISIONS › Section 150.720 - Incorporating Licensed Professionals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Authorized Corporate Structure
The following professionals may incorporate using only the
				  corporate structures indicted on this list:
1) The Business Corporation or Professional
				Corporation Act may be used by these professions:
PROFESSION
STATUTORY REFERENCE
Roofer
225 ILCS 335
Architecture
225 ILCS 305
Professional Engineering
225 ILCS 325
Structural Engineering
225 ILCS 340
Land Surveyors
225 ILCS 330
Landscape Architect
225 ILCS 315
Pharmacist
(Pharmacy may be a BCA, but the pharmacist himself
							 may only be a PC)
225 ILCS 85
Real Estate Broker
225 ILCS 455
Marriage and Family Therapists
225 ILCS 55
Private Security Guard, Private Detectives, and
							 Private Alarm Contractors
(Person shall be PC if detective, but agency can be
							 BCA)
225 ILCS 445
Detection of Deception Examiners
225 ILCS 430
Collection Agencies
225 ILCS 425
2)
				The Professional Corporation Act, in its statement of intent, specifically
				states that it was enacted to allow licensed professionals to use this form of
				corporate structure.
PROFESSIONAL CORPORATIONS
STATUTORY REFERENCE
Athletic Trainer
225 ILCS 5
Barbers
(BCA can be formed to own barber shops, but licensed
							 barber can only form PC)
225 ILCS 410
Professional Boxing & Wrestling
225 ILCS 105
A)
Promoters
B)
Contestants
C)
Seconds
D)
Referees
E)
Judges
F)
Managers
G)
Trainers
H)
Timekeepers
Cosmetologists
(BCA can be formed to own barber shops, but licensed
							 barber can only form PC)
225 ILCS 410/3
Esthetician
225 ILCS 41 0
Nail Technicians
225 ILCS 410
Funeral Directors/Embalmer
(Any person can form a business corporation to own a
							 funeral home, but the operation of a funeral home is limited to a licensed
							 funeral director)
225 ILCS 41
Speech-Language Pathologists and Audiologists
225 ILCS 110
Physicians, including osteopath psychiatrist and
							 chiropractor
225 ILCS 60
Dentists (Dental Hygienists)
225 ILCS 25
Podiatrist
225 ILCS 100
Psychologist
225 ILCS 15
Physical Therapist
225 ILCS 90
Occupational Therapist
225 ILCS 75
Clinical Social Workers
25 ILCS 20
Interior Design
225 ILCS 310
Nutritionists and Dieticians
225 ILCS 30
Pharmacist
225 ILCS 85
Nurses
225 ILCS 65
Public Accountants
225 ILCS 450
Shorthand Reporters
225 ILCS 415
Veterinarians
225 ILCS 115
Nursing Home Administrators
225 ILCS 70
Attorneys
Supreme Court Rules 721
Optometrist
225 ILCS 80
Chiropractor
225 ILCS 60
Doctors
225 ILCS 60
This list was developed in coordination with the Department
				  of Professional Regulation. The corporate purposes will include the following
				  language prescribed in subsections (b) and (c) of this Section.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart G - INTERPRETIVE COMMENTS AND GENERAL PROVISIONS › Section 150.725 - Corporation Acting as an Incorporator

Current through Register Vol. 48, No. 28, July 12, 2024
Section
				  150.725
				  Corporation Acting as an Incorporator
A corporation acting as an incorporator must set forth its
				  corporate name and state or country of incorporation on the articles of
				  incorporation. A duly authorized officer of the corporation acting as the
				  incorporator must sign the articles of incorporation and print his or her name
				  and title beneath the signature.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart G - INTERPRETIVE COMMENTS AND GENERAL PROVISIONS › Section 150.730 - Business Hours

Current through Register Vol. 48, No. 28, July 12, 2024
In Springfield, the Department of Business Services business
				  hours are 8:00 a.m. to 4:30 p.m., Monday through Friday, except
				  holidays.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart G - INTERPRETIVE COMMENTS AND GENERAL PROVISIONS › Section 150.735 - Electronic Filing

Current through Register Vol. 48, No. 28, July 12, 2024
Documents transmitted for filing electronically must include
				  the name of the person making the submission. Such inclusion shall constitute
				  the affirmation or acknowledgement of the person, under penalties of perjury,
				  that the instrument is his or her act and deed or the act and deed of the
				  corporation, as the case may be, and that the facts stated in the submission
				  are true. Compliance with this Section shall satisfy the signature provisions
				  of Section
				  1.10
				  of the Business Corporation Act of 1983, which shall otherwise
				  apply.
Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart G - INTERPRETIVE COMMENTS AND GENERAL PROVISIONS › Section 150.740 - Extension of Filing and Secretary of State Deadlines

Current through Register Vol. 48, No. 28, July 12, 2024
Filing of Organizational Documents, Annual Reports, and Other
				  Business Entity Materials
a) All
				organizational documents, annual reports, and other business entity materials
				required to be filed with the Secretary of State pursuant to Chapter 805 of the
				Illinois Compiled Statutes shall be filed with the Business Services
				Department, Howlett Building, Room 350, Springfield IL 62756 or 69 West
				Washington, Suite 1240, Chicago IL 60602.
b) Pursuant to the powers vested in him by
				Section 5(7) of the Secretary of State Act, the Secretary of State hereby
				extends for the duration of the disaster proclaimed by the Governor in
				Gubernatorial Proclamation number 2020-038, issued on March 9, 2020, as
				extended by subsequent proclamations, and for a period of 90 days thereafter,
				the filing deadlines for materials required to be filed with the Secretary of
				State pursuant to Chapter 805 of the Illinois Compiled Statutes and that were
				due to be filed on or after March 17, 2020. This extension period may be
				rescinded by the Secretary of State through the adoption of an emergency rule.
				Business organizations are required to pay the statutory amounts to the
				Secretary of State when materials are filed, including franchise tax,
				penalties, interest, filing fees, and other charges required to be paid,
				without regard to the application of the filing extension deadline of this
				Section.
c) Pursuant to the terms
				of Executive Order 2020-39, as extended by Executive Order 2020-44, and as may
				be further extended by subsequent Executive Orders, the provisions of Section
				1.45
				of the Business Corporations Act (BCA) that require the Secretary of State to,
				within 10 days after any of the documents subject to Section
				1.45
				are delivered to the Secretary for filing, give written notice of his or her
				disapproval of the documents are suspended for the duration of the disaster
				proclaimed in Gubernatorial Proclamation 2020-44, as extended, and for 30 days
				thereafter. During this period of suspension, the Secretary shall process these
				documents as expeditiously as possible.
d) Pursuant to the terms of Executive Order
				2020-39, as extended by Executive Order 2020-44, and as may be further extended
				by subsequent Executive Orders, the provisions of Section 15.95 of the BCA that
				require the Secretary of State to provide expedited services upon request are
				suspended for the duration of the disaster proclaimed in the Gubernatorial
				Proclamation 2020-44, as extended, and for 30 days thereafter. During this
				period of suspension, the Secretary shall process the expedited documents
				within 24 hours or as soon as possible thereafter. For purposes of filing
				dates, the date the document was submitted for filing will be the document's
				filing date.
Illinois Administrative Code › Title 14 - COMMERCE › Part 160 - GENERAL NOT FOR PROFIT CORPORATIONS › Section 160.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Department" shall mean the Department of Business Services of
				the Office of the Secretary of State.
"Director" shall mean the Director of the Department.
"NFP" shall mean the General Not for Profit Corporation Act of
				1986 [805 ILCS 105 ].
"Secretary" shall mean the Secretary of State of
				Illinois.
Illinois Administrative Code › Title 14 - COMMERCE › Part 160 - GENERAL NOT FOR PROFIT CORPORATIONS › Section 160.11 - Office Location and Business Hours

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The documents to incorporate an Illinois not for profit corporation shall be
			 filed at the following address:
Department of Business Services
Room 328, Howlett Building
Springfield, Illinois 62756.
b) The business hours are 8:00 a.m. to 4:30
			 p.m., Monday through Friday, excluding holidays.
Illinois Administrative Code › Title 14 - COMMERCE › Part 160 - GENERAL NOT FOR PROFIT CORPORATIONS › Section 160.12 - Sale of Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 master not for profit corporation list computer format includes the file
			 number, the corporate name, the date of incorporation or qualification, the
			 registered agent's name and the registered office address, the duration of the
			 corporation, and the years in which the two previous annual reports were filed.
			 The information available by means of a computer connection shall include all
			 of the above. The fee for this list is $1,500.00. No other corporate
			 information in quantity shall be sold or otherwise made available for purchase
			 or for free. This subsection does not prevent a member of the public from
			 making inquires or purchases of information concerning an individual
			 corporation in which he or she is specifically interested. However, any person
			 requesting information arranged by a specific field of the formats shall be
			 referred to all commercial vendors of corporate information who have obtained
			 the information (pursuant to 14 Ill. Adm. Code
			 150.230(b)(3)
			 ), and the Department shall not provide the corporate information to the
			 requester. The Department shall not state any preference of commercial vendor
			 to the requester, but shall provide all names and addresses of the commercial
			 vendors to the requester.
b) The
			 list of condominium associations is available once per year in CD ROM form for
			 a fee of $150.00 per disc, payable by certified check or money order to the
			 "Secretary of State". The sets may be ordered in writing from the Director.
			 When the purchaser's request is approved by the Director and the fee paid, no
			 refunds shall be made.
Illinois Administrative Code › Title 14 - COMMERCE › Part 160 - GENERAL NOT FOR PROFIT CORPORATIONS › Section 160.13 - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
All payments of fees with respect to original articles of
				incorporation, applications for original certificates of authority and
				applications for reinstatement of domestic or foreign corporations shall be by
				money order, certified check, cashier's check or a check drawn on the account
				of an Illinois attorney or certified public accountant, payable to the
				"Secretary of State." All other payments may be made by personal or business
				firm check, payable to the "Secretary of State."
Illinois Administrative Code › Title 14 - COMMERCE › Part 160 - GENERAL NOT FOR PROFIT CORPORATIONS › Section 160.14 - Abstracts and Records

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 and shall be sent to the following address:
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 160 - GENERAL NOT FOR PROFIT CORPORATIONS › Section 160.15 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
The rules for formal administrative hearings at 14 Ill. Adm.
				Code 150.Subpart A, shall apply to all administrative hearings conducted under
				the NFP.
Illinois Administrative Code › Title 14 - COMMERCE › Part 160 - GENERAL NOT FOR PROFIT CORPORATIONS › Section 160.18 - Electronic Filing

Current through Register Vol. 48, No. 28, July 12, 2024
Documents transmitted for filing electronically must include
				the name of the person making the submission. Such inclusion shall constitute
				the affirmation or acknowledgement of the person, under penalties of perjury,
				that the instrument is his or her act and deed or the act and deed of the
				corporation, as the case may be, and that the facts stated in the submission
				are true. Compliance with this Section shall satisfy the signature provisions
				of Section
				101.10 of the General Not
				For Profit Corporation Act of 1986, which shall otherwise
				apply.
Illinois Administrative Code › Title 14 - COMMERCE › Part 160 - GENERAL NOT FOR PROFIT CORPORATIONS › Section 160.19 - 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 that, in retrospect, is
			 considered a mistake or that, 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). 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 authority of a foreign
			 corporation and for which a statement of correction may be filed are:
			 typographical errors in the corporate name that result in the name differing
			 from the name shown on the certified copy; errors in the names or addresses of
			 the directors, the officers, or the principal office.
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 name or assumed
			 corporate name are those in the personal names or addresses reported in the
			 documents, but not those alleged errors that would substitute or delete a
			 person or party or address.
Illinois Administrative Code › Title 14 - COMMERCE › Part 160 - GENERAL NOT FOR PROFIT CORPORATIONS › Section 160.20 - Amended Annual Report

Current through Register Vol. 48, No. 28, July 12, 2024
a) A corporation
			 may amend its most recently filed annual report to denote any subsequent
			 changes in the names and addresses of its officers and directors, principal
			 place of business and/or status as a Condominium Association, Homeowner's
			 Association or Cooperative Housing Corporation. The amended annual report must
			 set forth the information required in Section 114.05 of the General Not For
			 Profit Corporation Act of 1986 (the Act).
b) An amended annual report shall not take
			 the place of any document, statement or report otherwise required to be filed
			 by the Act.
c) The filing fee for
			 an amended annual report will be the amount set forth in Section
			 115.10(m)
			 of the Act.
Illinois Administrative Code › Title 14 - COMMERCE › Part 160 - GENERAL NOT FOR PROFIT CORPORATIONS › Section 160.21 - Officers and Directors - Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
The requirements governing officers and directors at 14 Ill.
				Adm. Code 150.632 shall apply to officers and directors under the General Not
				For Profit Corporation Act.
Illinois Administrative Code › Title 14 - COMMERCE › Part 160 - GENERAL NOT FOR PROFIT CORPORATIONS › Section 160.30 - Extension of Filing and Secretary of State Deadlines

Current through Register Vol. 48, No. 28, July 12, 2024
Filing of Organizational Documents, Annual Reports, and Other
				Business Entity Materials
a) All
			 organizational documents, annual reports, and other business entity materials
			 required to be filed with the Secretary of State pursuant to Chapter 805 of the
			 Illinois Compiled Statutes shall be filed with the Business Services
			 Department, Howlett Building, Room 350, Springfield IL 62756 or 69 West
			 Washington, Suite 1240, Chicago IL 60602.
b) Pursuant to the powers vested in him by
			 Section 5(7) of the Secretary of State Act, the Secretary of State hereby
			 extends for the duration of the disaster proclaimed by the Governor in
			 Gubernatorial Proclamation number 2020-038, issued on March 9, 2020, as
			 extended by subsequent proclamations, and for a period of 90 days thereafter,
			 the filing deadlines for materials required to be filed with the Secretary of
			 State pursuant to Chapter 805 of the Illinois Compiled Statutes and that were
			 due to be filed on or after March 17, 2020. This extension period may be
			 rescinded by the Secretary of State through the adoption of an emergency rule.
			 Business organizations are required to pay the statutory amounts to the
			 Secretary of State when materials are filed, including penalties, filing fees,
			 and other charges required to be paid, without regard to the application of the
			 filing extension deadline of this Section.
c) Pursuant to the terms of Executive Order
			 2020-39, as extended by Executive Order 2020-44, and as may be further extended
			 by subsequent Executive Orders, the provisions of Section 101.45 of the General
			 Not For Profit Corporation Act of 1986 (NFP) that require the Secretary of
			 State to, within 10 days after any of the documents subject to Section 101.45
			 are delivered to the Secretary for filing, give written notice of his or her
			 disapproval of the documents are suspended for the duration of the disaster
			 proclaimed in Gubernatorial Proclamation 2020-44, as extended, and for 30 days
			 thereafter. During this period of suspension, the Secretary shall process these
			 documents as expeditiously as possible.
d) Pursuant to the terms of Executive Order
			 2020-39, as extended by Executive Order 2020-44, and as may be further extended
			 by subsequent Executive Orders, the provisions of Section
			 115.20 of the NFP
			 that require the Secretary of State to provide expedited services upon request
			 are suspended for the duration of the disaster proclaimed in the Gubernatorial
			 Proclamation 2020-44, as extended, and for 30 days thereafter. During this
			 period of suspension, the Secretary shall process the expedited documents
			 within 24 hours or as soon as possible thereafter. For purposes of filing
			 dates, the date the document was submitted for filing will be the document's
			 filing date.
Illinois Administrative Code › Title 14 - COMMERCE › Part 166 - UNIFORM PARTNERSHIP ACT (1997) › Section 166.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the definitions contained in Section 101 of the
				Uniform Partnership Act [805 ILCS
				206/101 ], the following definitions shall
				apply:
"Abstracts of Record" shall consist of a hard copy printout of
				the information shown on the computer records of the Department of Business
				Services of the Office of the Secretary of State.
"Department" shall mean the Department of Business Services of
				the Office of the Secretary of State.
"Director" shall mean the Director of the Department of
				Business Services.
"Interrogatories" shall mean a written request for information
				to ascertain whether a limited liability partnership has complied with the
				provisions of the UPA.
"LLP" shall mean a Limited Liability Partnership.
"Secretary" shall mean the Secretary of State of
				Illinois.
"UPA" shall mean the Uniform Partnership Act (1997) [805 ILCS
				206 ].
"UPA Section" shall mean the unit of the Department that
				administers the provisions of the UPA.
Illinois Administrative Code › Title 14 - COMMERCE › Part 166 - UNIFORM PARTNERSHIP ACT (1997) › Section 166.30 - Filing Location

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 documents required to be filed with the Secretary of State pursuant to the UPA
			 shall be filed with the Department.
b) Documents submitted for filing in
			 Springfield, the Department's headquarters, shall be filed at the following
			 address:
Department of Business Services
Uniform Partnership Act Section
Room 357, Howlett Building
Springfield, Illinois 62756
c) Documents submitted by mail for filing
			 should be sent to the Department's Springfield office.
Illinois Administrative Code › Title 14 - COMMERCE › Part 166 - UNIFORM PARTNERSHIP ACT (1997) › Section 166.40 - Filing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 entities, other than natural persons, serving as partners in limited liability
			 partnerships or foreign limited liability partnerships must provide evidence of
			 existence upon request of the Secretary of State. The evidence shall be
			 provided in the formats set forth in this subsection (a). All other entities
			 not specifically addressed shall provide proof of existence in the manner
			 prescribed by this subsection that most appropriately applies to their entity
			 format.
1) Corporations, limited liability
			 companies, limited partnerships and limited liability partnerships serving as
			 partners in limited liability partnerships or foreign limited liability
			 partnerships shall provide either a Certificate of Existence or a Certificate
			 of Good Standing duly authenticated by the proper officer from the state or
			 country of domicile.
2) General
			 partnerships serving as partners in limited liability partnerships or foreign
			 limited liability partnerships shall provide a statement of information that
			 includes the names and addresses of all the partners, the state of formation,
			 the date of formation, and the address of the records office. The statement
			 shall be sworn to, dated and executed by one of the general partners.
3) Trusts serving as partners in limited
			 liability partnerships shall provide evidence of existence, including the name
			 of the trust, the date of its creation, the names of all trustees, the state of
			 location of the trust, and that the trust is currently in full force and
			 effect. The statement shall be dated and executed by a trustee.
4) Estates serving as partners in limited
			 liability partnerships shall provide evidence of existence by a copy of the
			 relevant court order, dated and executed.
Illinois Administrative Code › Title 14 - COMMERCE › Part 166 - UNIFORM PARTNERSHIP ACT (1997) › Section 166.45 - Additional Requirements for Forms

Current through Register Vol. 48, No. 28, July 12, 2024
a) All documents required by this Act to be
			 filed in the Office of the Secretary of State shall be made on the most recent
			 version of forms prescribed and furnished by the Secretary of State. The
			 Secretary of State employs the following forms:
1) Form UPA 303 Statement of Partnership
			 Authority (see
			 805 ILCS
			 206/303 );
2) Form UPA 304 Statement of Denial (see
			 805 ILCS
			 206/304 );
3) Form UPA 704 Statement of Dissociation
			 (see
			 805 ILCS
			 206/704 );
4) Form UPA 805 Statement of Dissolution of
			 Statement of Partnership Authority (see
			 805 ILCS
			 206/805 );
5) Form UPA 907 LLP/LP Statement of Merger
			 (see
			 805 ILCS
			 206/907 );
6) Form UPA 908 LLP/LLC Statement of Merger
			 (see
			 805
			 ILCS 206/908 );
7) Form UPA 1001 Limited Liability
			 Partnership Statement of Qualification (see
			 805 ILCS
			 206/1001 );
8) Form UPA 1001(e)/1101(f) Statement of
			 Withdrawal (see
			 805 ILCS 206/1001(e)
			 and 1102(f) );
9) Form UPA 1001(h)/1102(g) Statement of
			 Amendment (see
			 805 ILCS 206/1001(h)
			 and 1102(g) );
10) Form UPA 1003(D) Application for Renewal
			 of Domestic Limited Liability Partnership (see
			 805 ILCS
			 206/1003 );
11) Form UPA 1003(F) Renewal Statement of
			 Foreign Limited Liability Partnership (see
			 805 ILCS
			 206/1003 );
12) Form UPA 1004 Reinstatement of Limited
			 Liability Partnership Status (see
			 805
			 ILCS 206/1004 );
13) Form UPA 1005 Resignation of Agent for
			 Service of Process upon a Limited Liability Partnership (see
			 805
			 ILCS 206/1005 );
14) Form UPA 1102 Limited Liability
			 Partnership Statement of Foreign Qualification (see
			 805 ILCS
			 206/1102 );
15) Form UPA 1103 Affidavit of Compliance for
			 Service on Secretary of State (see
			 805 ILCS 206/1103(e)
			 and 14 Ill. Adm. Code
			 166.70
			 );
16) Form UPA 1106 Resignation of
			 Agent for Service of Process upon a Foreign Limited Liability Partnership (see
			 ILCS 206/1106).
Illinois Administrative Code › Title 14 - COMMERCE › Part 166 - UNIFORM PARTNERSHIP ACT (1997) › Section 166.50 - Renewal Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Secretary of State shall renew the registration of any limited liability
			 partnership upon payment of the required fee, providing the submission of the
			 renewal statement required by Section 1003 of the UPA is postmarked no later
			 than the expiration date.
b) A
			 renewal statement must be filed pursuant to Section 1003 of the UPA. Timely
			 submitted renewals that require revisions or changes shall be granted a 30 day
			 extension.
Illinois Administrative Code › Title 14 - COMMERCE › Part 166 - UNIFORM PARTNERSHIP ACT (1997) › Section 166.55 - Payment of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
All payments of fees with respect to the filing of statements
				of qualification (domestic) and statements of foreign qualification shall be by
				money order, certified check, cashier's check, or a check drawn on the account
				of an Illinois licensed attorney or certified public accountant, made payable
				to the "Secretary of State", or by a credit card, a debit card or an electronic
				funds transfer. All other payments may be made by entity check, payable to the
				"Secretary or State". Any check that is returned by the bank to the Secretary
				of State's Office for any reason will immediately void the transaction for
				which it was intended and the Secretary of State shall treat the filing event
				as never occurring.
Illinois Administrative Code › Title 14 - COMMERCE › Part 166 - UNIFORM PARTNERSHIP ACT (1997) › Section 166.60 - Sale of Information

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Information concerning any limited liability partnership shall be available to
			 the public from the Department of Business Services upon written request, or by
			 telephone or in person, or, if technology is available, on line through
			 interactive computer.
b)
			 Information in the form of an abstract of record concerning the limited
			 liability partnerships on file with the Department shall be printed from the
			 computer file of the Department and shall consist of the limited liability
			 partnership name, its date of qualification, its registered agent, the address
			 of the office at which the records are maintained, the foreign jurisdiction
			 where formed (if applicable), the date of filing with the Department, and the
			 file number assigned by the Department. The fee for each abstract of record
			 shall be $25.
c) Copies of all
			 documents pertaining to limited liability partnerships on file with the
			 Department are available:
1) upon written
			 request and payment of the required fee.
2) by telephone request with advance payment
			 using a credit card, a debit card or an electronic funds transfer.
3) in person and with payment of the required
			 fee at the Department's address set forth in Section
			 166.30.
Illinois Administrative Code › Title 14 - COMMERCE › Part 166 - UNIFORM PARTNERSHIP ACT (1997) › Section 166.70 - Service of Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) For the
			 purposes of the UPA, the procedures set forth in this Section shall
			 apply.
b) Any process, notice or
			 demand to be served under this Part shall be made upon the Secretary, the
			 Director, or any employee of the Department designated by the Director to
			 accept such service for him or her, in the following manner:
1) service shall comply with the provisions
			 of Part 2 of the Code of Civil Procedure [735 ILCS 5 /Art. II, Part 2], the
			 Federal Rules of Civil Procedure (FRCP Rule 4), or any administrative rules of
			 service, as may be appropriate.
2)
			 an affidavit of compliance must be appended to the process, notice or demand to
			 be served, containing the information described in subsection (c), shall be
			 signed by the person instituting the action, suit or proceeding or by an
			 attorney of record, and the signature of the affiant, without more, shall
			 constitute the affirmation or acknowledgement, under penalties of perjury, that
			 the affidavit is the act or deed of the affiant and that the facts stated in
			 the affidavit are true.
Illinois Administrative Code › Title 14 - COMMERCE › Part 166 - UNIFORM PARTNERSHIP ACT (1997) › Section 166.75 - Interrogatories

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Secretary of
			 State may propound to any limited liability partnership subject to the
			 provisions of the UPA, and to any partner, such interrogatories as may be
			 reasonably necessary and proper to enable the Secretary to ascertain whether
			 the limited liability partnership has complied with all the applicable
			 provisions of the UPA and this Part. The interrogatories shall be answered
			 within 30 days after mailing, or within such additional time as shall be fixed
			 by the Secretary, and the answers shall be full and complete, and shall be made
			 in writing and under oath. If the interrogatories are directed to a person,
			 they shall be answered by him or her; if directed to a limited liability
			 partnership, they shall be answered by the partners. The Secretary need not
			 file any document to which the interrogatories relate until the interrogatories
			 are answered and not then if the answers disclose that the document is not in
			 conformity with the UPA and this Part. The Secretary of State shall certify to
			 the Attorney General, for such action as the Attorney General may deem
			 appropriate, all interrogatories and answers that disclose a violation of the
			 UPA or this Part.
b)
			 Interrogatories propounded by the Secretary of State and the answers shall not
			 be open to public inspection, nor shall the Secretary disclose any facts or
			 information obtained, except insofar as official duty may require them to be
			 made public or in the event the interrogatories or the answers are required for
			 evidence in any criminal proceeding or in any other action by the
			 State.