reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 14 - COMMERCE › Part 166 - UNIFORM PARTNERSHIP ACT (1997) › Section 166.80 - Right to Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
a) Hearing
			 procedures will be governed by 14 Ill. Adm. Code 150, Subpart A.
b) Any party may appear and be heard through
			 an attorney at law licensed to practice in the State of Illinois.
1) Attorneys admitted to practice in states
			 other than the State of Illinois may appear and be heard upon the attorney's
			 verbal representation of written documentation as to the attorney's admittance,
			 pursuant to an order pro hac vice, entered by a judge of the circuit court of
			 the county in which the hearing is conducted, as provided in Supreme Court Rule
			 707.
2) A natural person may appear
			 and be heard on his or her own behalf.
3) A corporation, limited liability company,
			 association or partnership may appear and present evidence by any bonafide
			 officer, employee or representative.
Illinois Administrative Code › Title 14 - COMMERCE › Part 166 - UNIFORM PARTNERSHIP ACT (1997) › Section 166.85 - Extension of Filing Deadlines

Current through Register Vol. 48, No. 28, July 12, 2024
Filing of Organizational Documents, Annual Reports, and Other
				Business Entity Materials
a) All
			 organizational documents, annual reports, and other business entity materials
			 required to be filed with the Secretary of State pursuant to Chapter 805 of the
			 Illinois Compiled Statutes shall be filed with the Business Services
			 Department, Howlett Building, Room 350, Springfield IL 62756 or 69 West
			 Washington, Suite 1240, Chicago IL 60602.
b) Pursuant to the powers vested in him by
			 Section 5(7) of the Secretary of State Act, the Secretary of State hereby
			 extends for the duration of the disaster proclaimed by the Governor in
			 Gubernatorial Proclamation number 2020-038, issued on March 9, 2020, as
			 extended by subsequent proclamations, and for a period of 90 days thereafter,
			 the filing deadlines for materials required to be filed with the Secretary of
			 State pursuant to Chapter 805 of the Illinois Compiled Statutes and that were
			 due to be filed on or after March 17, 2020. This extension period may be
			 rescinded by the Secretary of State through the adoption of an emergency rule.
			 Any fees for late filings of materials shall be waived for materials subject to
			 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 1209 of the Uniform Partnership Act 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 171 - UNIFORM LIMITED PARTNERSHIP ACT (2001) › Section 171.10 - Prohibited Terms in Title

Current through Register Vol. 48, No. 28, July 12, 2024
The name of a limited partnership or limited liability limited
				partnership or the assumed name of a limited partnership or limited liability
				limited partnership shall not contain the terms "Corporation", "Corp.",
				"Incorporated", "Inc.", "Company", or "Co.".
Illinois Administrative Code › Title 14 - COMMERCE › Part 171 - UNIFORM LIMITED PARTNERSHIP ACT (2001) › Section 171.15 - Improper Names

Current through Register Vol. 48, No. 28, July 12, 2024
The name of a limited partnership or limited liability limited
				partnership or the assumed name of a limited partnership or limited liability
				limited partnership shall not contain any word or words that create a
				connotation that is offensive to good taste. By way of example only, prohibited
				words and phrases include, but are not limited to, profanity, those that are
				likely to be considered slurs based on race, ethnicity, sexual orientation or
				gender, or those that otherwise defame a person or group of
				persons.
Illinois Administrative Code › Title 14 - COMMERCE › Part 171 - UNIFORM LIMITED PARTNERSHIP ACT (2001) › Section 171.20 - Assumed Names

Current through Register Vol. 48, No. 28, July 12, 2024
a) A limited
			 partnership or limited liability limited partnership may adopt, change, renew
			 or cancel an assumed name by filing an application with the Department and
			 paying the fee stated at Section 1302(b)(5) of the ULPA. The application shall
			 contain the name of the limited partnership or limited liability limited
			 partnership, the file number, and the assumed name to be adopted, changed,
			 renewed, or cancelled.
b) The
			 application to adopt, change, or cancel an assumed name shall be on a separate
			 form from the application to renew an assumed name.
Illinois Administrative Code › Title 14 - COMMERCE › Part 171 - UNIFORM LIMITED PARTNERSHIP ACT (2001) › Section 171.25 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the definitions contained in Section 102 of the
				Uniform Limited Partnership Act (2001) the following definitions shall
				apply:
"Abstracts of Limited Partnerships" 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.
"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 partnership or a limited liability limited
				partnership has complied with the provisions of the ULPA.
"Secretary" shall mean the Secretary of State of
				Illinois.
"ULPA" shall mean the Uniform Limited Partnership Act (2001)
				[805 ILCS 215 ].
"ULPA Section" shall mean the unit of the Department that
				administers the ULPA.
Illinois Administrative Code › Title 14 - COMMERCE › Part 171 - UNIFORM LIMITED PARTNERSHIP ACT (2001) › Section 171.30 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of this Part shall be applicable to all limited
				partnerships and limited liability limited partnerships that are or that will
				or may become subject to the provisions of the Uniform Limited Partnership Act
				(2001).
Illinois Administrative Code › Title 14 - COMMERCE › Part 171 - UNIFORM LIMITED PARTNERSHIP ACT (2001) › Section 171.35 - 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 ULPA
			 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
Limited Partnership 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 171 - UNIFORM LIMITED PARTNERSHIP ACT (2001) › Section 171.45 - Filing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 entities, other than natural persons, serving as general partners in limited
			 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 limited partnerships serving as
			 general partners in limited partnerships or foreign limited 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 general partners in limited partnerships shall provide a statement
			 of information that includes the names of the partnership, the state of
			 formation, the country of formation, the date of formation, the address at
			 which the records of the partnership are kept, and the names and addresses of
			 all partners. The statement shall be sworn to, dated and executed by one of the
			 general partners.
3) Trusts serving
			 as general partners in limited partnerships shall provide to the Secretary of
			 State evidence of existence, including the name of the trust, the date of its
			 creation, the name 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 general partners in limited partnerships shall provide the
			 Secretary of State evidence of existence by a copy of the relevant court order,
			 dated and executed.
Illinois Administrative Code › Title 14 - COMMERCE › Part 171 - UNIFORM LIMITED PARTNERSHIP ACT (2001) › Section 171.50 - Additional Requirements for Forms

Current through Register Vol. 48, No. 28, July 12, 2024
a) All documents required by the ULPA 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. Fees for
			 the forms can be found at
			 805 ILCS 215/1302. The
			 Secretary of State employs the following forms:
1) Form LP 108.5 Application to Adopt, Change
			 or Cancel an Assumed Name (see
			 805 ILCS 215/108.5
			 );
2) Form LP 108.5(e) Assumed Name
			 Renewal Application (see
			 805 ILCS
			 215/108.5(e) );
3) Form LP 109 Application to Reserve Name,
			 Cancellation of Reserved Name, Transfer of Reserved Name (see
			 805 ILCS
			 215/109 );
4) Form LP 115 Change of Designated Office or
			 Agent for Service of Process (see
			 805
			 ILCS 215/115 );
5) Form LP 116 Resignation of Agent for
			 Service of Process (see
			 805 ILCS
			 215/116 );
6) Form LP 117 Affidavit of Compliance for
			 Service on Secretary of State (see
			 805 ILCS
			 215/117 );
7) Form LP 201 Certificate of Limited
			 Partnership (see
			 805
			 ILCS 215/201 );
8) Form LP 202 Amendment to the Certificate
			 of Limited Partnership (see
			 805 ILCS
			 215/202 );
9) Form LP 202-RECE Restated Certificate of
			 Limited Partnership (see
			 805 ILCS
			 215/202 );
10) Form LP 203 Statement of Termination of
			 the Certificate of Limited Partnership (see
			 805 ILCS
			 215/203 );
11) Form LP 207 Statement of Correction (see
			 805 ILCS
			 215/207 );
12) Form LP 210 Annual Report (see
			 805 ILCS
			 215/210 );
13) Form LP 810/906.5 Application for
			 Reinstatement (see
			 805
			 ILCS 215/810 );
14) Form LP 902 Application for Certificate
			 of Authority (see
			 805 ILCS
			 215/902 );
15) Form LP 902.5 Amended Application for
			 Certificate of Authority (see 805 ILCS 215/902);
16) Form LP 906.5 Reinstatement Following
			 Revocation (see
			 805 ILCS
			 215/906.5 );
17) Form LP 907 Cancellation of Certificate
			 of Authority (see
			 805
			 ILCS 215/907 );
18) Form LP 1104 Articles of Conversion (see
			 805
			 ILCS 215/1104 );
19) Form LP 1108 Articles of Merger (see
			 805 ILCS
			 215/1108 ).
Illinois Administrative Code › Title 14 - COMMERCE › Part 171 - UNIFORM LIMITED PARTNERSHIP ACT (2001) › Section 171.55 - Payment of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
All payments of fees with respect to the filing of certificates
				of limited partnership or limited liability limited partnership (domestic) and
				certificates of admission (foreign) 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 fund 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 171 - UNIFORM LIMITED PARTNERSHIP ACT (2001) › Section 171.60 - Sale of Information

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Information concerning any limited partnership or limited liability limited
			 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 partnerships or limited liability limited
			 partnerships on file with the Department shall be printed from the computer
			 file of the Department, and shall consist of the limited partnership or limited
			 liability limited partnership name, its date of formation, any assumed name,
			 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 requested on a routine basis shall be $25. If
			 expedited service is requested pursuant to Section 1308 of the ULPA, an
			 additional $20 will be required.
c)
			 Copies and fees:
1) Copies of all documents
			 pertaining to limited partnerships or limited liability limited partnerships on
			 file with the Department are available:
A)
			 upon written request and payment of the required fee;
B) by telephone request with advance payment
			 using a credit card, a debit card or an electronic funds transfer;
C) in person and with payment of the required
			 fee at the Department's address as set forth in Section
			 171.35.
Illinois Administrative Code › Title 14 - COMMERCE › Part 171 - UNIFORM LIMITED PARTNERSHIP ACT (2001) › Section 171.70 - Service of Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) For the
			 purposes of the ULPA, 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, or 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)
			 The affidavit of compliance required by Section 117 of the ULPA to be appended
			 to the process, notice or demand to be served, containing the information
			 described in subsection (b), 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 171 - UNIFORM LIMITED PARTNERSHIP ACT (2001) › Section 171.75 - Interrogatories

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Secretary of
			 State may propound to any limited partnership or limited liability limited
			 partnership subject to the provisions of the ULPA, and to any partner, such
			 interrogatories as may be reasonably necessary and proper to enable the
			 Secretary to ascertain whether the limited partnership or limited liability
			 limited partnership has complied with all the applicable provisions of the ULPA
			 and this Part. The interrogatories shall be answered within 30 days after their
			 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 partnership or limited liability
			 limited partnership, they shall be answered by the general partners or limited
			 partners. The Secretary need not file any document to which the interrogatories
			 relate until the interrogatories are answered as required by this subsection
			 and not then if the answers disclose that the document is not in conformity
			 with the provisions of the ULPA 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
			 any of the provisions of the ULPA and this Part.
b) Interrogatories propounded by the
			 Secretary of State and the answers to those interrogatories shall not be open
			 to public inspection, nor shall the Secretary disclose any facts or information
			 obtained from interrogatories or answers, 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.
Illinois Administrative Code › Title 14 - COMMERCE › Part 171 - UNIFORM LIMITED PARTNERSHIP ACT (2001) › Section 171.80 - Right to Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
a) Hearing
			 procedures will be governed by 14 Ill. Adm. Code 150, Subpart A.
b) Any party may appear and be heard through
			 an attorney at law licensed to practice in the State of Illinois.
1) Attorneys admitted to practice in states
			 other than the State of Illinois may appear and be heard upon the attorney's
			 verbal representation or written documentation as to the attorney's admittance,
			 pursuant to an order pro hac vice, entered by a judge of the circuit court of
			 the county in which the hearing is conducted, as provided in Supreme Court Rule
			 707.
2) A natural person may appear
			 and be heard on his or her own behalf.
3) A corporation, limited liability company,
			 association or partnership may appear and present evidence by any bona fide
			 officer, employee or representative.
Illinois Administrative Code › Title 14 - COMMERCE › Part 171 - UNIFORM LIMITED PARTNERSHIP ACT (2001) › Section 171.85 - New Practices and Technologies

Current through Register Vol. 48, No. 28, July 12, 2024
The Secretary of State is authorized to accept and file
				electronically submitted ULPA documents and to store, view and retrieve all
				ULPA documents and correspondence by means of an electronic storage
				system.
Illinois Administrative Code › Title 14 - COMMERCE › Part 171 - UNIFORM LIMITED PARTNERSHIP ACT (2001) › Section 171.90 - Extension of Filing Deadlines

Current through Register Vol. 48, No. 28, July 12, 2024
Filing of Organizational Documents, Annual Reports, and Other
				Business Entity Materials
a) All
			 organizational documents, annual reports, and other business entity materials
			 required to be filed with the Secretary of State pursuant to Chapter 805 of the
			 Illinois Compiled Statutes shall be filed with the Business Services
			 Department, Howlett Building, Room 350, Springfield IL 62756 or 69 West
			 Washington, Suite 1240, Chicago IL 60602.
b) Pursuant to the powers vested in him by
			 Section 5(7) of the Secretary of State Act, the Secretary of State hereby
			 extends for the duration of the disaster proclaimed by the Governor in
			 Gubernatorial Proclamation number 2020-038, issued on March 9, 2020, as
			 extended by subsequent proclamations, and for a period of 90 days thereafter,
			 the filing deadlines for materials required to be filed with the Secretary of
			 State pursuant to Chapter 805 of the Illinois Compiled Statutes and that were
			 due to be filed on or after March 17, 2020. This extension period may be
			 rescinded by the Secretary of State through the adoption of an emergency
			 rule.
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 1309
			 of the Uniform Limited Partnership Act (ULPA) that require the Secretary of
			 State to, within 10 days after any of the documents subject to Section 1309 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 1308 of the ULPA 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 175 - ILLINOIS UNION LABEL ACT › Section 175.10 - Filing with the Secretary of State

Current through Register Vol. 48, No. 28, July 12, 2024
All documents required to be filed with the Secretary of State
				for the Illinois Union Label Act (P.A. 84-517, effective January 1, 1986) shall
				be filed with the Department of Business Services, Room 300, Centennial
				Building, Springfield, Illinois 62756, between the hours of 8:00 a.m. and 4:30
				p.m., Monday through Friday, excluding holidays.
Illinois Administrative Code › Title 14 - COMMERCE › Part 175 - ILLINOIS UNION LABEL ACT › Section 175.20 - Requirements for Filing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The ten
			 dollar ($10.00 ) registration fee required by P.A. 84-517 shall be payable in
			 cash, by money order, certified check, union check, or personal check. No
			 application filed pursuant to P.A. 84-517 shall be accepted and filed without
			 the payment of the fee.
b) The
			 application form to be used to register a union label shall be the same as that
			 used to register a trademark, (Ill. Rev. Stat. 1983, ch. 140, par. 1 et seq.)
			 and shall include a description of the product goods to which the union label
			 trademark or form of advertisement is affixed or is applicable.
c) The genuine copy of the label, trademark,
			 or form of advertisement shall be a printed or photocopied replica of the union
			 label, trademark, or form of advertisement, not exceeding three (3) inches on
			 any side.
d) The registration
			 statements filed hereunder shall be available for inspection and copying during
			 the normal work hours.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart A - NOTARY PUBLIC RECORDS › Section 176.11 - Record Contents, Request Procedures, and Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Secretary maintains Illinois Notary
				Public appointment records in its computer database. The computer records
				contain the notary's name, address, city, state, zip code, county, commission
				number, and the date the commission took effect.
b) All requests for this information shall be
				in writing, signed before a notary by the person requesting the information.
				The request shall include the person's address, the purpose of the request, the
				specific information requested, the name and address of any organization
				represented by the requestor, and the position of the requestor in the
				organization. Approved requests shall be formalized in a written
				agreement.
c) All requests shall be
				accompanied by the appropriate fee and sent to the following address: Office of
				the Secretary of State, Index Department, 111 E. Monroe Street, Springfield,
				Illinois 62756.
d) A list of all
				current notaries or all notaries in a particular county will be furnished for a
				fee of $3,600. Weekly update lists will be furnished for $1,000 per year paid
				in advance. The fee for a list of notaries commissioned during a specific
				calendar year is $900 and the fee for a list of notaries commissioned during a
				specific month of a specific year is $75.
e) State, federal, and local law enforcement
				agencies will receive information at no charge if the information is needed for
				an official investigation. All other governmental agencies, including county
				clerks, will receive a list of all current notaries for a fee of $500 if
				requested for governmental purposes; weekly updates will be furnished for
				$1,000 per year paid in advance. A list of all notaries in one particular
				county will be furnished for a fee of $200 and weekly updates will be furnished
				for $500 per year paid in advance.
f) The fees shall be paid by cashier's check,
				money order, certified check, or a check drawn on the account of the business
				or government agency making the request. Once the information is made available
				to the requestor, then no refunds will be made.
g) Record layouts and field definitions will
				be supplied by the Secretary with the information.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart B - APPOINTMENTS › Section 176.100 - Appointment and Reappointment of Notaries Public

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every applicant for an initial appointment
				or reappointment as a notary public must present satisfactory evidence of the
				applicant's identity as set forth in the Act at
				5 ILCS
				312/2-102.
b) Before issuance of an appointment as a
				notary public or electronic notary public, the applicant for appointment must:
1) execute the oath of office as set forth at
				5 ILCS
				312/2-104;
2) submit a bond as set forth at
				5 ILCS
				312/2-105; and
3) complete all application requirements
				found at 5
				ILCS 312/2-102(a) and, if applying
				for an electronic notary public commission, at
				5 ILCS
				312/2-102(c).
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart B - APPOINTMENTS › Section 176.110 - Term of Commission

Current through Register Vol. 48, No. 28, July 12, 2024
The term of a notary public or electronic notary public
				  commission begins on the date that the notary is commissioned by the Secretary
				  of State and not the date the bond was obtained. The electronic notary public
				  commission, if any, will have the same term of commission as the traditional
				  notary public commission.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart B - APPOINTMENTS › Section 176.120 - Requirements to Qualify as a Resident of the State of Illinois

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant must be a resident of the State of Illinois
				  pursuant to 5 ILCS 312/2-101 before applying
				  for a notary public or electronic notary public commission, unless applying for
				  a nonresident application or appointment pursuant to
				  5 ILCS
				  312/2-101 and Section
				  176.130. A notary public or
				  electronic notary public must maintain residency in the State of Illinois
				  during the term of the appointment and must immediately resign the notary
				  public or electronic notary public commission if the notary public's residency
				  in Illinois ends.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart B - APPOINTMENTS › Section 176.130 - Nonresident Application for Appointment

Current through Register Vol. 48, No. 28, July 12, 2024
The form in Illustration A must be used by an applicant for
				  notary public who resides in a state bordering Illinois
whose place of
				  work or business is within a county in Illinois, but only if the laws
				  of
the applicant's
state
of residence
authorize residents of Illinois to be appointed and commissioned as
				  notaries public in that state.
[5 ILCS
				  312/2-101(a) ]
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart C - COURSE OF STUDY AND EXAMINATION › Section 176.200 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise noted, the following definitions apply to
				  this Subpart only:
"Applicant" means a person or entity applying for
				  certification as a notary public course of study provider and examination
				  provider.
"Certification" means a document issued by the Department
				  that authorizes the entity named in the document to offer a live classroom or
				  webcast course of study and examination required by
				  5 ILCS
				  312/2-101.5.
"Consumer information" means the name, address, date of
				  birth, email address and payment information, including credit card and bank
				  account numbers or electronic payment data of students who are enrolled in or
				  have completed a notary public course of study and examination.
"Department" means the Index Department of the Office of the
				  Secretary of State.
"Instructor" means the person charged with providing
				  instruction to notary applicants.
"Live certified proctors" means a person or persons who
				  monitor students in real time in a live classroom setting.
"Multimedia" means a method or methods of technology meant to
				  convey information including, but not limited to animation, graphics, and video
				  displays.
"Provider" means an entity or person certified by the
				  Secretary of State to provide a notary public course of study and examination
				  required by 5 ILCS 312/2-101.5.
"Shareware" means copyrighted software for which the
				  copyright owner sets certain conditions for the software's distribution and
				  use, including requiring payment to the copyright owner after a person who has
				  secured a copy of the software decides to use the software.
"Webcast" means either a live synchronous online or
				  interactive asynchronous course of study and examination as required by
				  5 ILCS
				  312/2-101.5.
"Web video conference proctor" means a person or persons who
				  monitor students in real time during a video conference and/or
				  examination.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart C - COURSE OF STUDY AND EXAMINATION › Section 176.205 - Course of Study and Examination

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Beginning January 1, 2024, applicants seeking a commission as either a notary
				public or an electronic notary public must first successfully complete a course
				of study and acquire a passing score on the examination, as required by
				5 ILCS
				312/2-101.5. The applicant will have 2 years from the
				date of the examination to apply for a notary public or electronic notary
				public commission. Once the course of study and examination have been
				successfully completed and the commission has been issued, the certificate or
				other proof of successful completion of the course of study and examination
				will remain valid for the duration of the notary's four-year
				commission.
b) The Secretary of
				State may authorize the provision of a course of study for the mandatory
				training of notaries public and electronic notaries public by qualified third
				parties subject to this Subpart.
c)
				To be accepted by the Secretary, the course of study must be taught by a
				provider or instructor certified by the Secretary.
d) The course of study and examination must
				consist of the instruction and questions identified in Section
				176.225.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart C - COURSE OF STUDY AND EXAMINATION › Section 176.210 - Course of Study and Examination - Provider Certification Required

Current through Register Vol. 48, No. 28, July 12, 2024
a) No person, firm,
				association, partnership, or corporation may operate as a provider or engage in
				the business of providing a notary public course of study and examination
				unless the provider holds a certification issued by the Secretary.
b) No provider may remain in operation if its
				certification to operate as a provider is suspended, revoked, canceled, or not
				renewed.
c) The Secretary must
				provide contact information of each provider on its official website. (
https://www.ilsos.gov/departments/index/notary/home.html
)
d) Every officer, owner, director, partner,
				and manager for a provider is subject to the requirements of this Subpart
				C.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart C - COURSE OF STUDY AND EXAMINATION › Section 176.215 - Applicants' and Providers' Requirements for Notary Public Course of Study and Examination

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Secretary will deny, suspend, or revoke a provider certification when:
1) The Secretary determines that the
				applicant/provider is not of good moral character. In determining good moral
				character, the Department is not limited to but may consider the following:
A) Whether the applicant/provider has been
				convicted of a felony or a misdemeanor. The Department will consider:
i) The relationship of any crime of which the
				applicant/provider has been convicted to the ability to operate a notary public
				course of study and examination;
ii) The length of time that has elapsed since
				the applicant's/provider's last criminal conviction;
iii) Whether the applicant/provider
				successfully completed any sentence imposed with the convictions;
iv) Whether the applicant/provider has
				multiple convictions for felony or misdemeanor offenses.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart C - COURSE OF STUDY AND EXAMINATION › Section 176.220 - Notary Public Course of Study and Examination - Provider Names

Current through Register Vol. 48, No. 28, July 12, 2024
a) No provider may
				adopt, use or conduct any business under a name that is not distinguishable
				upon the records of the Department from a name used by another provider, as
				distinguishable is defined in 14 Ill. Adm. Code
				150.440.
b) No provider may incorporate under its own
				or another name unless the name of the proposed corporation is submitted by the
				Department of Business Services of the Office of the Secretary of State for a
				final determination of the availability of the name, along with the fee
				required by Section 15.10 of the Business
				Corporation Act of 1983 [805 ILCS
				5/15.10 ].
c) No provider's name may contain, separate
				and apart from any other word or abbreviation in the name, the word
				"corporation", "company", "incorporated", or "limited", or an abbreviation of
				one of these words, unless so licensed by the Secretary of State.
d) No provider may operate under an assumed
				name unless the provider complies with all provisions of the Assumed Business
				Name Act [805 ILCS 405 ].
e) No provider may change its name unless 30
				days' prior written notice is given to the Department stating the change of
				name. Upon receipt of a notice of name change, the Department will, without an
				application fee, require the provider to complete an amended application for
				certification in the form and manner prescribed for original
				applicants.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart C - COURSE OF STUDY AND EXAMINATION › Section 176.225 - Notary Public Course of Study and Examination - Required Instruction and Content

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Providers must provide 3 hours of notary public instruction in accordance with
				the course content requirements set forth in subsection (e) in addition to the
				following requirements:
1) A minimum of 180
				minutes of instruction as defined in subsection (b);
2) The course must allow a maximum of 30 days
				for a student to complete the course;
3) The material presented in the course must
				be edited for grammar, punctuation, and spelling and be of such quality that it
				does not detract from its subject matter;
4) Advertisement of goods and services or any
				material not related to the topic being presented must not appear during
				instructional time; and
5) An
				online course must be designed and well-suited for students with minimal
				keyboard or computer skills.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart C - COURSE OF STUDY AND EXAMINATION › Section 176.230 - Notary Public Course of Study and Examination - Student Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Before
				instruction begins and any fees are collected, each student shall be informed
				of the amount of all fees or charges relative to the notary public course of
				study, including but not limited to enrollment, tuition, equipment, textbooks,
				and instruction manuals. The provider shall not require mandatory purchase of
				the provider's proprietary software or shareware unless this fee was expressly
				included in the disclosure of fees made before the student's enrollment in the
				course.
b) If a provider requires
				the installation of a free or trial version of its proprietary software, it
				must be bundled with an uninstallation shortcut that will completely remove
				that software and any associated registry entries.
c) All contracts or agreements between any
				provider and any individual or group for the sale, purchase, barter, or
				exchange of any notary public course of study instruction, must contain the
				following:
1) A statement that the agreement
				constitutes the entire contract between the provider and the student and that
				no verbal assurances or promises not contained in this agreement will bind the
				provider or the student.
2) A
				statement indicating that all disputes under this Section must be directed to
				the Secretary of State.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart C - COURSE OF STUDY AND EXAMINATION › Section 176.235 - Course Provider Verification of Student Identity and Course Completion

Current through Register Vol. 48, No. 28, July 12, 2024
a) Before being
				certified, providers must submit procedures to the Secretary of State for
				verifying the identity of the student taking the course, which may include, but
				are not limited to, the following:
1) If the
				course is to be taken in person, an examination of a government-issued photo
				identification card, including an Illinois driver's license or Illinois
				Identification Card;
2) If the
				course is to be taken online:
A) Web video
				recording accompanied by an examination of the student's government-issued
				photo identification card;
B)
				Dynamic knowledge-based authentication;
C) Web video proctoring with screen
				monitoring by live certified proctors; or
D) Any method, or combination of methods, of
				identity verification submitted by a provider and approved by the Department
				that reasonably establishes the identity of the student and the student's
				presence during the online course.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart C - COURSE OF STUDY AND EXAMINATION › Section 176.240 - Notary Public Course of Study - Provider Website and Security Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each provider's
				website must display the following information on its homepage:
1) the provider's Secretary of State
				certification number; and
2) a
				statement that complaints regarding the provider may be directed to the
				Secretary of State's Index Department. Contact information for the Index
				Department must be included with the statement.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart C - COURSE OF STUDY AND EXAMINATION › Section 176.245 - Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Duty to Respond
				to the Secretary of State's Written Request. Any person or entity providing
				courses of study or examinations must respond in writing within 10 business
				days of receiving a written request from the Secretary of State for any
				information relating to a complaint about a course of study or
				examination.
b) Inspections.
				Approved providers must permit the Secretary of State or the Secretary's
				designee, at the Secretary's sole option, to attend any approved course of
				instruction, whether in person or online, without prior notice at no charge to
				observe, monitor, audit, and investigate.
c) Complaints. Any person may file a
				complaint against any provider with the Secretary of State alleging a violation
				of the Act or this Part. The person must submit a written and dated complaint
				to:
Secretary of State Index Department
111 E. Monroe Street
Springfield, IL 62756
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart C - COURSE OF STUDY AND EXAMINATION › Section 176.250 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Before denying
				the certification of an applicant or existing provider, the Department will
				send written notice to the provider. If a formal hearing is requested in
				writing under 92 Ill. Adm. Code 1001. Subpart A, the denial shall stand pending
				the outcome of the hearing. The denial of a certification will contain the
				specific reasons why the certification has been denied. The notice of denial
				contains information about the availability and timeline of an appeal and where
				rules governing the appeal can be found.
b) Before suspending or revoking a provider's
				certification, the Secretary of State Department of Administrative Hearings
				will conduct a hearing using 92 Ill. Adm. Code 1001. Subpart A, in which the
				Department will present competent evidence to establish violations of any
				regulations or laws governing providers and seek the appropriate sanctions
				under Subpart K. Sanctions for violations of the Act or this Part may include,
				but are not limited to, denial, suspension, or revocation.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart C - COURSE OF STUDY AND EXAMINATION › Section 176.255 - Denial, Suspension, and Revocation of a Notary Public Course of Study and Examination Provider Certification

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may revoke the certification of a course of
				  study when the Department finds that a course of study or a course provider has
				  failed to comply with the Act or this Part. An affected course provider may
				  appeal the Department's decision to revoke the certification of the provider's
				  course of study through an administrative hearing with the Secretary of State
				  Department of Administrative Hearings under Subpart K.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart D - NOTARY PUBLIC APPLICATION REQUIREMENTS › Section 176.300 - Application for Notary Public and Electronic Notary Public Commissions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applications for
				a traditional notary public commission. All individuals applying for a
				traditional notary public commission shall use the application prescribed by
				the Secretary of State and shall include, at a minimum
,
the
				information required by
				5 ILCS
				312/2-102.
b) Remote notarization.
Any notary
				appointed under subsection (a) shall have the authority to conduct remote
				notarizations.
[5 ILCS
				312/2-102(b) ]
c) Application for electronic notary public
				commission.
An application for an electronic notary public commission
				must be filed with the Secretary of State
as required by this Subpart
				D [5 ILCS
				312/2-102(c) ]. In addition, an
				applicant for an electronic notary public commission must provide the
				following:
1) The notary public commission
				number assigned to the person by the Secretary of State, unless the applicant
				is applying for the notary public commission and electronic notary public
				commission at the same time under
				5 ILCS
				312/2-101(c);
2) The names of all electronic notarization
				system providers that the applicant intends to use to perform electronic
				notarial acts;
3) A copy of the
				electronic signature of the person that is:
A)
				an exact representation of the handwritten signature of the person already on
				file or currently being filed with the Secretary of State; and
B) in a format that can be read without
				additional software and be compared for authentication purposes to the person's
				handwritten signature on file or being filed with the
				Secretary;
4) A statement
				certifying that the applicant:
A) Will comply
				with the standards set forth by Section
				176.835 relating to identity
				proofing and credential analysis;
B) Will use a third-party provider who has
				been certified to act as an electronic notarization system provider in the
				State of Illinois by the Secretary; and
C) Will, upon request by the Secretary,
				promptly provide any necessary instructions or techniques supplied by a
				provider that will allow the electronic notary public's digital certificate and
				electronic seal to be read and authenticated.
5) A disclosure of all disciplinary actions,
				convictions, or administrative actions taken against the applicant;
6) A certificate or other proof of successful
				completion of the course of study required under
				5 ILCS
				312/2-101.5(a), which indicates successful completion
				of the course within the 2 years preceding the submission of the application
				for an electronic notary public commission; and
7) A statement certifying that the person
				will comply with the applicable provisions of the Act, including Article
				VI-A.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart D - NOTARY PUBLIC APPLICATION REQUIREMENTS › Section 176.310 - Approval of Application, Authority of Secretary of State to Deny Commission, and Effective Date of Commission

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				If an applicant who is applying for an electronic notary public commission
				satisfies all of the requirements for such a commission pursuant to this Part
				and 5 ILCS
				312/2-102, the Secretary of State will:
1) Approve the application for a commission
				as an electronic notary;
2) Update
				the processing system maintained by the Office of the Secretary of State to
				indicate the commission of the person as an electronic notary; and
3) Notify the applicant of the approved
				application and commission as an electronic notary.