Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 552 - DEPARTMENTAL DUTIES › Section 552.10 - Service of Process Upon the Secretary of State

Current through Register Vol. 48, No. 28, July 12, 2024
The following procedure for substitute service of process upon
				the Secretary of State shall apply for the specific statute cited. The specific
				department of the Office of the Secretary of State stated in this Section shall
				receive the service of process and retain the records of the service in
				accordance with the applicable statutes and rules. Nothing in this Section or
				Section
				552.20
				shall affect in any way any substantive or procedural rights granted by the
				statutes referred to in this Section. Any service of process sent to the
				incorrect department within the Office of the Secretary of State shall be sent
				by that department's staff to the correct department as designated by this
				Section and Section 552.20. These Sections are intended only to allocate the
				responsibilities for the receipt and storage of service of process within the
				Office of the Secretary of State.
a) In
			 cases involving the sale of securities, service of process upon the Secretary
			 of State under Section 10 of the Illinois Securities Law of 1953 [815 ILCS 5 ]
			 shall be made in accordance with 14 Ill. Adm. Code
			 130.120 and
			 delivered to the Office of the General Counsel, 100 W. Randolph Street, Suite
			 5-400, Chicago, Illinois 60601.
b)
			 In cases involving corporations under the Business Corporation Act of 1983 [805
			 ILCS 5 ], the General Not For Profit Corporation Act of 1986 [805 ILCS 105 ],
			 the Limited Liability Company Act [805 ILCS 180 ], the Uniform Partnership Act
			 (1997) [805 ILCS 206 ], the Uniform Limited Partnership Act (2001) [805 ILCS
			 215 ], or Section 4-3 of the Corporate Fiduciary Act [205 ILCS 620 ], service
			 of process upon the Secretary of State shall be made in accordance with 14 Ill.
			 Adm. Code 150, Subpart E, 14 Ill. Adm. Code
			 160.17, 14
			 Ill. Adm. Code
			 178.50, 14
			 Ill. Adm. Code
			 166.70, and 14
			 Ill. Adm. Code
			 171.70 and
			 delivered to the Business Services Department, Room 350, Howlett Building,
			 Springfield, Illinois 62756.
c) In
			 cases involving a motor vehicle collision involving a non-resident, service of
			 process upon the Secretary of State under Section 10-301 of the Illinois
			 Vehicle Code [625 ILCS 5 ] shall be delivered to the Office of the General
			 Counsel, Room 298, Howlett Building, Springfield, Illinois 62756 or to the
			 Office of the General Counsel, 100 W. Randolph Street, Suite 5-400, Chicago,
			 Illinois 60601. Per Section 10-301 of the Illinois Vehicle Code, an affidavit
			 of compliance is required for service of process on the non-resident motorist.
			 Further, verification of a person's non-residency in this State shall be
			 required, in support of the affidavit of compliance, attesting to and providing
			 the out-of-state address or the manner in which non-residency was
			 determined.
d) In cases in which
			 service of process upon the Secretary of State is permitted under one of the
			 following statutes, and in all other cases to which subsection (a), (b) or (c)
			 do not apply, service shall be made upon the Office of the General Counsel,
			 Room 298, Howlett Building, Springfield, Illinois 62756 or the Office of the
			 General Counsel, 100 W. Randolph Street, Suite 5-400, Chicago, Illinois 60601:
235 ILCS 5/8-14 (Liquor Control
				Act of 1934)
820
				ILCS 405/2208 (Unemployment Insurance Act)
215
				ILCS 5/121-6 and 121 -7 (Illinois Insurance
				Code)
735 ILCS
				5/2-209 (Civil Practice Law (Products Liability -
				$5.00 filing fee))
735 ILCS
				5/2-210 (Civil Practice Law (Aircraft and Ship Owners
				and Operators - $2.00 filing fee))
35
				ILCS 5/1404 (Illinois Income Tax Act)
35 ILCS
				105/12a (Use Tax Act)
35
				ILCS 110/13 (Service Use Tax Act)
35 ILCS
				115/13 (Service Occupation Tax Act)
35 ILCS
				120/5i (Retailers' Occupation Tax Act)
765 ILCS
				1036/15 (Trademark Registration and Protection
				Act)
e) In cases involving
			 the Secretary of State as a party, such as any administrative review actions
			 contesting a rule or procedure of any Secretary of State department, any civil
			 rights actions and personnel action, service of process shall be made upon the
			 Office of the General Counsel, Room 298, Howlett Building, Springfield,
			 Illinois 62756 or the Office of the General Counsel, 100 W. Randolph Street,
			 Suite 5-400, Chicago, Illinois 60601.
f) The Secretary of State is not the default
			 agent for service of process in the State of Illinois. The Secretary of State
			 has the authority to accept service of process only in those specifically
			 mandated areas of the law stated in subsections (a) through (d) and as
			 determined by the Illinois General Assembly. Any court order issued authorizing
			 service of process upon the Secretary of State pursuant to Section 2-203.1 of
			 the Code of Civil Procedure will be rejected unless the Secretary of State has
			 the specific statutory authority to accept that service of process. Attempts to
			 serve the Secretary of State under Section 2-203.1 will be denied and service
			 rejected.