Illinois 95th Regular Session Status: Enacted

SB 368 — BUSINESS-ELECTRONIC FILING

Last action — Public Act . . . . . . . . . 95-0368

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 07, 2007. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Business Corporation Act of 1983, the General Not For Profit Corporation Act of 1986, and the Limited Liability Company Act. Provides guidelines for electronic filing of documents or reports. Amends the Professional Service Corporation Act. Permits a professional corporation to merge with a domestic limited liability company to render the same specific professional service or related professional services. Prohibits the merger of a professional corporation with a foreign limited liability company. Further amends the Limited Liability Company Act. Provides that, if a foreign limited liability company has adopted an assumed name, the name of the series of members, managers, or interests with limited liability must contain the entire name under which the foreign limited liability company has been admitted to transact business in this State. Amends the Uniform Partnership Act (1997). Requires the Secretary of State to file a renewal statement report if the report complies with the requirements of the Act and, if it does not comply, to promptly return it to the limited liability partnership for any necessary corrections. Provides that, in the case of a non-conforming statement report, the expiration of the original or renewal statement will not occur if the limited liability partnership makes the necessary corrections and returns the report to the Secretary of State within 30 days of the date that the report was returned to the partnership for corrections. Amends the Uniform Limited Partnership Act (2001). Prohibits the name of a limited partnership from containing any of certain listed terms. Sets out penalties for a limited partnership or foreign limited partnership that fails to designate and continuously maintain an agent for service of process, fails to file its annual report or pay the requisite fee, or fails to provide its Federal Employer Identification Number within the required time period. Amends the Co-operative Act in relation to use of the term "Co-operative". Makes other changes. Effective July 1, 2007.

Bill Text

What changed in the latest version

49 added · 49 removed

Plain-language change summary

The latest version of Bill SB 368 replaced the prior engrossed text entirely with new language. This means that the content of the bill has been revised from its earlier draft, potentially indicating that lawmakers made significant changes to the proposals or clarifications within the bill. Understanding these changes is important as they could impact how the law is implemented or the specific measures being introduced.

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SB0368 Engrossed LRB095 10827 LCT 31089 b AN ACT concerning business.
SB0368 Enrolled LRB095 10827 LCT 31089 b AN ACT concerning business.
(a) "Corporation" or "domestic corporation" means a corporation subject to the provisions of this Act, except a SB0368 Engrossed - 2 - LRB095 10827 LCT 31089 b foreign corporation.
(a) "Corporation" or "domestic corporation" means a corporation subject to the provisions of this Act, except a SB0368 Enrolled - 2 - LRB095 10827 LCT 31089 b foreign corporation.
SB0368 Engrossed - 3 - LRB095 10827 LCT 31089 b (e) "Incorporator" means one of the signers of the original articles of incorporation.
SB0368 Enrolled - 3 - LRB095 10827 LCT 31089 b (e) "Incorporator" means one of the signers of the original articles of incorporation.
(j) "Paid-in capital" means the sum of the cash and other consideration received, less expenses, including commissions, paid or incurred by the corporation, in connection with the issuance of shares, plus any cash and other consideration contributed to the corporation by or on behalf of its shareholders, plus amounts added or transferred to paid-in SB0368 Engrossed - 4 - LRB095 10827 LCT 31089 b capital by action of the board of directors or shareholders pursuant to a share dividend, share split, or otherwise, minus reductions as provided elsewhere in this Act.
(j) "Paid-in capital" means the sum of the cash and other consideration received, less expenses, including commissions, paid or incurred by the corporation, in connection with the issuance of shares, plus any cash and other consideration contributed to the corporation by or on behalf of its shareholders, plus amounts added or transferred to paid-in SB0368 Enrolled - 4 - LRB095 10827 LCT 31089 b capital by action of the board of directors or shareholders pursuant to a share dividend, share split, or otherwise, minus reductions as provided elsewhere in this Act.
(1) the date of filing the articles of incorporation SB0368 Engrossed - 5 - LRB095 10827 LCT 31089 b prescribed by Section 2.10 of this Act, in the case of a domestic corporation;
(1) the date of filing the articles of incorporation SB0368 Enrolled - 5 - LRB095 10827 LCT 31089 b prescribed by Section 2.10 of this Act, in the case of a domestic corporation;
SB0368 Engrossed - 6 - LRB095 10827 LCT 31089 b (s) "Close corporation" means a corporation organized under or electing to be subject to Article 2A of this Act, the articles of incorporation of which contain the provisions required by Section 2.10, and either the corporation’s articles of incorporation or an agreement entered into by all of its shareholders provide that all of the issued shares of each class shall be subject to one or more of the restrictions on transfer set forth in Section 6.55 of this Act.
SB0368 Enrolled - 6 - LRB095 10827 LCT 31089 b (s) "Close corporation" means a corporation organized under or electing to be subject to Article 2A of this Act, the articles of incorporation of which contain the provisions required by Section 2.10, and either the corporation’s articles of incorporation or an agreement entered into by all of its shareholders provide that all of the issued shares of each class shall be subject to one or more of the restrictions on transfer set forth in Section 6.55 of this Act.
(w) "Taxable period" means that 12-month period commencing with the first day of the second month preceding the corporation’s anniversary month in the preceding year and prior to the first day of the second month immediately preceding its anniversary month in the current year, except that, in the case SB0368 Engrossed - 7 - LRB095 10827 LCT 31089 b of a corporation that has established an extended filing month, "taxable period" means that 12-month period ending with the last day of its fiscal year immediately preceding the extended filing month.
(w) "Taxable period" means that 12-month period commencing with the first day of the second month preceding the corporation’s anniversary month in the preceding year and prior to the first day of the second month immediately preceding its anniversary month in the current year, except that, in the case SB0368 Enrolled - 7 - LRB095 10827 LCT 31089 b of a corporation that has established an extended filing month, "taxable period" means that 12-month period ending with the last day of its fiscal year immediately preceding the extended filing month.
SB0368 Engrossed - 8 - LRB095 10827 LCT 31089 b (Source:
SB0368 Enrolled - 8 - LRB095 10827 LCT 31089 b (Source:
(805 ILCS 105/101.11 new) SB0368 Engrossed - 9 - LRB095 10827 LCT 31089 b Sec.
(805 ILCS 105/101.11 new) SB0368 Enrolled - 9 - LRB095 10827 LCT 31089 b Sec.
(c) Unless otherwise provided in the articles of incorporation or bylaws, the board of directors, by the affirmative vote of a majority of the directors then in office, SB0368 Engrossed - 10 - LRB095 10827 LCT 31089 b shall have authority to establish reasonable compensation of all directors for services to the corporation as directors, officers or otherwise, notwithstanding the provisions of Section 108.60 of this Act.
(c) Unless otherwise provided in the articles of incorporation or bylaws, the board of directors, by the affirmative vote of a majority of the directors then in office, SB0368 Enrolled - 10 - LRB095 10827 LCT 31089 b shall have authority to establish reasonable compensation of all directors for services to the corporation as directors, officers or otherwise, notwithstanding the provisions of Section 108.60 of this Act.
(4) (Blank.) When the amendment was adopted by the members, a statement that the amendment was approved by not less than SB0368 Engrossed - 11 - LRB095 10827 LCT 31089 b the minimum number of members necessary to approve the amendment.
(4) (Blank.) When the amendment was adopted by the members, a statement that the amendment was approved by not less than SB0368 Enrolled - 11 - LRB095 10827 LCT 31089 b the minimum number of members necessary to approve the amendment.
(a) Whenever any instrument authorized to be filed with the Secretary of State under any provision of this Act has been so filed and, as of the date of the action therein referred to, contains any misstatement of fact, typographical error, error SB0368 Engrossed - 12 - LRB095 10827 LCT 31089 b of transcription, or any other error or defect or was defectively or erroneously executed, such instrument may be corrected by filing, in accordance with Section 5-45 of this Act, a statement of correction.
(a) Whenever any instrument authorized to be filed with the Secretary of State under any provision of this Act has been so filed and, as of the date of the action therein referred to, contains any misstatement of fact, typographical error, error SB0368 Enrolled - 12 - LRB095 10827 LCT 31089 b of transcription, or any other error or defect or was defectively or erroneously executed, such instrument may be corrected by filing, in accordance with Section 5-45 of this Act, a statement of correction.
(3) Affect any right or liability accrued or incurred SB0368 Engrossed - 13 - LRB095 10827 LCT 31089 b before such filing, except that any right or liability accrued or incurred by reason of the error or defect being corrected shall be extinguished by such filing if the person having such right has not detrimentally relied on the original instrument.
(3) Affect any right or liability accrued or incurred SB0368 Enrolled - 13 - LRB095 10827 LCT 31089 b before such filing, except that any right or liability accrued or incurred by reason of the error or defect being corrected shall be extinguished by such filing if the person having such right has not detrimentally relied on the original instrument.
(a) An operating agreement may establish or provide for the SB0368 Engrossed - 14 - LRB095 10827 LCT 31089 b establishment of designated series of members, managers or limited liability company interests having separate rights, powers or duties with respect to specified property or obligations of the limited liability company or profits and losses associated with specified property or obligations, and to the extent provided in the operating agreement, any such series may have a separate business purpose or investment objective.
(a) An operating agreement may establish or provide for the SB0368 Enrolled - 14 - LRB095 10827 LCT 31089 b establishment of designated series of members, managers or limited liability company interests having separate rights, powers or duties with respect to specified property or obligations of the limited liability company or profits and losses associated with specified property or obligations, and to the extent provided in the operating agreement, any such series may have a separate business purpose or investment objective.
(b) Notwithstanding anything to the contrary set forth in this Section or under other applicable law, in the event that an operating agreement creates one or more series, and if separate and distinct records are maintained for any such series and the assets associated with any such series are held (directly or indirectly, including through a nominee or otherwise) and accounted for separately from the other assets of the limited liability company, or any other series thereof, and if the operating agreement so provides, and notice of the limitation on liabilities of a series as referenced in this subsection is set forth in the articles of organization of the limited liability company and if the limited liability company has filed a certificate of designation for each series which is to have limited liability under this Section, then the debts, liabilities and obligations incurred, contracted for or otherwise existing with respect to a particular series shall be enforceable against the assets of such series only, and not against the assets of the limited liability company generally SB0368 Engrossed - 15 - LRB095 10827 LCT 31089 b or any other series thereof, and unless otherwise provided in the operating agreement, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the limited liability company generally or any other series thereof shall be enforceable against the assets of such series.
(b) Notwithstanding anything to the contrary set forth in this Section or under other applicable law, in the event that an operating agreement creates one or more series, and if separate and distinct records are maintained for any such series and the assets associated with any such series are held (directly or indirectly, including through a nominee or otherwise) and accounted for separately from the other assets of the limited liability company, or any other series thereof, and if the operating agreement so provides, and notice of the limitation on liabilities of a series as referenced in this subsection is set forth in the articles of organization of the limited liability company and if the limited liability company has filed a certificate of designation for each series which is to have limited liability under this Section, then the debts, liabilities and obligations incurred, contracted for or otherwise existing with respect to a particular series shall be enforceable against the assets of such series only, and not against the assets of the limited liability company generally SB0368 Enrolled - 15 - LRB095 10827 LCT 31089 b or any other series thereof, and unless otherwise provided in the operating agreement, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the limited liability company generally or any other series thereof shall be enforceable against the assets of such series.
(c) Except in the case of a foreign limited liability SB0368 Engrossed - 16 - LRB095 10827 LCT 31089 b company that has adopted an assumed name pursuant to Section 45-15, the The name of the series with limited liability must contain the entire name of the limited liability company and be distinguishable from the names of the other series set forth in the articles of organization.
(c) Except in the case of a foreign limited liability SB0368 Enrolled - 16 - LRB095 10827 LCT 31089 b company that has adopted an assumed name pursuant to Section 45-15, the The name of the series with limited liability must contain the entire name of the limited liability company and be distinguishable from the names of the other series set forth in the articles of organization.
The name of a series with limited liability under subsection (b) of this Section may be changed by filing with the Secretary of State a certificate of designation SB0368 Engrossed - 17 - LRB095 10827 LCT 31089 b identifying the series whose name is being changed and the new name of such series.
The name of a series with limited liability under subsection (b) of this Section may be changed by filing with the Secretary of State a certificate of designation SB0368 Enrolled - 17 - LRB095 10827 LCT 31089 b identifying the series whose name is being changed and the new name of such series.
(g) An operating agreement may provide for classes or groups of members or managers associated with a series having such relative rights, powers and duties as the operating agreement may provide, and may make provision for the future creation of additional classes or groups of members or managers associated with the series having such relative rights, powers SB0368 Engrossed - 18 - LRB095 10827 LCT 31089 b and duties as may from time to time be established, including rights, powers and duties senior to existing classes and groups of members or managers associated with the series.
(g) An operating agreement may provide for classes or groups of members or managers associated with a series having such relative rights, powers and duties as the operating agreement may provide, and may make provision for the future creation of additional classes or groups of members or managers associated with the series having such relative rights, powers SB0368 Enrolled - 18 - LRB095 10827 LCT 31089 b and duties as may from time to time be established, including rights, powers and duties senior to existing classes and groups of members or managers associated with the series.
(k) Except as otherwise provided in an operating agreement, any event under this Act or in an operating agreement that causes a manager to cease to be a manager with respect to a series shall not, in itself, cause such manager to cease to be SB0368 Engrossed - 19 - LRB095 10827 LCT 31089 b a manager of the limited liability company or with respect to any other series thereof.
(k) Except as otherwise provided in an operating agreement, any event under this Act or in an operating agreement that causes a manager to cease to be a manager with respect to a series shall not, in itself, cause such manager to cease to be SB0368 Enrolled - 19 - LRB095 10827 LCT 31089 b a manager of the limited liability company or with respect to any other series thereof.
SB0368 Engrossed - 20 - LRB095 10827 LCT 31089 b (o) If a foreign limited liability company, as permitted in the jurisdiction of its organization, has established a series having separate rights, powers or duties and has limited the liabilities of such series so that the debts, liabilities and obligations incurred, contracted for or otherwise existing with respect to a particular series are enforceable against the assets of such series only, and not against the assets of the limited liability company generally or any other series thereof, or so that the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the limited liability company generally or any other series thereof are not enforceable against the assets of such series, then the limited liability company, on behalf of itself or any of its series, or any of its series on their own behalf may register to do business in the State in accordance with Section 45-5 of this Act.
SB0368 Enrolled - 20 - LRB095 10827 LCT 31089 b (o) If a foreign limited liability company, as permitted in the jurisdiction of its organization, has established a series having separate rights, powers or duties and has limited the liabilities of such series so that the debts, liabilities and obligations incurred, contracted for or otherwise existing with respect to a particular series are enforceable against the assets of such series only, and not against the assets of the limited liability company generally or any other series thereof, or so that the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the limited liability company generally or any other series thereof are not enforceable against the assets of such series, then the limited liability company, on behalf of itself or any of its series, or any of its series on their own behalf may register to do business in the State in accordance with Section 45-5 of this Act.
Unless otherwise provided in the operating agreement, the debts, liabilities and obligations incurred, contracted for or otherwise existing with respect to a particular series of such a foreign limited liability company shall be enforceable against the assets of such series only, and not against the assets of the foreign limited liability company generally or any other series thereof SB0368 Engrossed - 21 - LRB095 10827 LCT 31089 b and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to such a foreign limited liability company generally or any other series thereof shall be enforceable against the assets of such series.
Unless otherwise provided in the operating agreement, the debts, liabilities and obligations incurred, contracted for or otherwise existing with respect to a particular series of such a foreign limited liability company shall be enforceable against the assets of such series only, and not against the assets of the foreign limited liability company generally or any other series thereof SB0368 Enrolled - 21 - LRB095 10827 LCT 31089 b and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to such a foreign limited liability company generally or any other series thereof shall be enforceable against the assets of such series.
(d) "Foreign limited liability partnership" means a SB0368 Engrossed - 22 - LRB095 10827 LCT 31089 b partnership that:
(d) "Foreign limited liability partnership" means a SB0368 Enrolled - 22 - LRB095 10827 LCT 31089 b partnership that:
(j) "Person" means an individual, corporation, limited SB0368 Engrossed - 23 - LRB095 10827 LCT 31089 b liability company, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(j) "Person" means an individual, corporation, limited SB0368 Enrolled - 23 - LRB095 10827 LCT 31089 b liability company, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(a) A limited liability partnership, and a foreign limited SB0368 Engrossed - 24 - LRB095 10827 LCT 31089 b liability partnership authorized to transact business in this State, shall file a renewal statement in the Office of the Secretary of State which contains:
(a) A limited liability partnership, and a foreign limited SB0368 Enrolled - 24 - LRB095 10827 LCT 31089 b liability partnership authorized to transact business in this State, shall file a renewal statement in the Office of the Secretary of State which contains:
Proof of the SB0368 Engrossed - 25 - LRB095 10827 LCT 31089 b satisfaction of the Secretary of State that, prior to the expiration date, the renewal statement together with all fees prescribed by this Act was deposited in the United States mail in a sealed envelope, properly addressed, with postage prepaid, shall be deemed a compliance with this requirement.
Proof of the SB0368 Enrolled - 25 - LRB095 10827 LCT 31089 b satisfaction of the Secretary of State that, prior to the expiration date, the renewal statement together with all fees prescribed by this Act was deposited in the United States mail in a sealed envelope, properly addressed, with postage prepaid, shall be deemed a compliance with this requirement.
(b) The failure of a foreign limited liability partnership SB0368 Engrossed - 26 - LRB095 10827 LCT 31089 b to have in effect a statement of foreign qualification does not impair the validity of a contract or act of the foreign limited liability partnership or preclude it from defending an action or proceeding in this State.
(b) The failure of a foreign limited liability partnership SB0368 Enrolled - 26 - LRB095 10827 LCT 31089 b to have in effect a statement of foreign qualification does not impair the validity of a contract or act of the foreign limited liability partnership or preclude it from defending an action or proceeding in this State.
(1) the date the foreign limited liability partnership SB0368 Engrossed - 27 - LRB095 10827 LCT 31089 b receives the process, notice, or demand;
(1) the date the foreign limited liability partnership SB0368 Enrolled - 27 - LRB095 10827 LCT 31089 b receives the process, notice, or demand;
(2) holding meetings of the partners or carrying on SB0368 Engrossed - 28 - LRB095 10827 LCT 31089 b other activities concerning internal partnership affairs;
(2) holding meetings of the partners or carrying on SB0368 Enrolled - 28 - LRB095 10827 LCT 31089 b other activities concerning internal partnership affairs;
(2) holding meetings of its partners or carrying on any SB0368 Engrossed - 29 - LRB095 10827 LCT 31089 b other activity concerning its internal affairs;
(2) holding meetings of its partners or carrying on any SB0368 Enrolled - 29 - LRB095 10827 LCT 31089 b other activity concerning its internal affairs;
(c) This Section does not apply in determining the contacts or activities that may subject a foreign limited liability SB0368 Engrossed - 30 - LRB095 10827 LCT 31089 b partnership to service of process, taxation, or regulation under any other law of this State.
(c) This Section does not apply in determining the contacts or activities that may subject a foreign limited liability SB0368 Enrolled - 30 - LRB095 10827 LCT 31089 b partnership to service of process, taxation, or regulation under any other law of this State.
SB0368 Engrossed - 31 - LRB095 10827 LCT 31089 b (b) The name of a limited partnership that is not a limited liability limited partnership must contain the phrase "limited partnership" or the abbreviation "L.P." or "LP" and may not contain the phrase "limited liability limited partnership" or the abbreviation "LLLP" or "L.L.L.P.".
SB0368 Enrolled - 31 - LRB095 10827 LCT 31089 b (b) The name of a limited partnership that is not a limited liability limited partnership must contain the phrase "limited partnership" or the abbreviation "L.P." or "LP" and may not contain the phrase "limited liability limited partnership" or the abbreviation "LLLP" or "L.L.L.P.".
(e) The name of a limited partnership shall not contain any SB0368 Engrossed - 32 - LRB095 10827 LCT 31089 b of the following terms:
(e) The name of a limited partnership shall not contain any SB0368 Enrolled - 32 - LRB095 10827 LCT 31089 b of the following terms:
SB0368 Engrossed - 33 - LRB095 10827 LCT 31089 b (f) Subject to Section 905, this Section applies to any foreign limited partnership transacting business in this State, having a certificate of authority to transact business in this State, or applying for a certificate of authority.
SB0368 Enrolled - 33 - LRB095 10827 LCT 31089 b (f) Subject to Section 905, this Section applies to any foreign limited partnership transacting business in this State, having a certificate of authority to transact business in this State, or applying for a certificate of authority.
SB0368 Engrossed - 34 - LRB095 10827 LCT 31089 b (3) a foreign limited partnership intending to obtain a certificate of authority to transact business in this State and adopt the name;
SB0368 Enrolled - 34 - LRB095 10827 LCT 31089 b (3) a foreign limited partnership intending to obtain a certificate of authority to transact business in this State and adopt the name;
(c) An applicant that has reserved a name pursuant to subsection (b) may reserve the same name for additional 90-day SB0368 Engrossed - 35 - LRB095 10827 LCT 31089 b 120-day periods.
(c) An applicant that has reserved a name pursuant to subsection (b) may reserve the same name for additional 90-day SB0368 Enrolled - 35 - LRB095 10827 LCT 31089 b 120-day periods.
(c) An agent for service of process of a limited partnership or foreign limited partnership must be an individual who is a resident of this State or other person SB0368 Engrossed - 36 - LRB095 10827 LCT 31089 b authorized to do business in this State.
(c) An agent for service of process of a limited partnership or foreign limited partnership must be an individual who is a resident of this State or other person SB0368 Enrolled - 36 - LRB095 10827 LCT 31089 b authorized to do business in this State.
(a) An agent for service of process appointed by a limited partnership or foreign limited partnership is an agent of the limited partnership or foreign limited partnership for service of any process, notice, or demand required or permitted by law to be served upon the limited partnership or foreign limited SB0368 Engrossed - 37 - LRB095 10827 LCT 31089 b partnership.
(a) An agent for service of process appointed by a limited partnership or foreign limited partnership is an agent of the limited partnership or foreign limited partnership for service of any process, notice, or demand required or permitted by law to be served upon the limited partnership or foreign limited SB0368 Enrolled - 37 - LRB095 10827 LCT 31089 b partnership.
or SB0368 Engrossed - 38 - LRB095 10827 LCT 31089 b (3) five days after the process, notice, or demand is deposited in the mail, if mailed postpaid and correctly addressed.
or SB0368 Enrolled - 38 - LRB095 10827 LCT 31089 b (3) five days after the process, notice, or demand is deposited in the mail, if mailed postpaid and correctly addressed.
and SB0368 Engrossed - 39 - LRB095 10827 LCT 31089 b (5) any additional information required by Article 11;
and SB0368 Enrolled - 39 - LRB095 10827 LCT 31089 b (5) any additional information required by Article 11;
and (2) the filed certificate of limited partnership, statement of dissociation, termination, or change or articles of conversion or merger prevail as to persons, other than partners and transferees, that reasonably rely SB0368 Engrossed - 40 - LRB095 10827 LCT 31089 b on the filed record to their detriment.
and (2) the filed certificate of limited partnership, statement of dissociation, termination, or change or articles of conversion or merger prevail as to persons, other than partners and transferees, that reasonably rely SB0368 Enrolled - 40 - LRB095 10827 LCT 31089 b on the filed record to their detriment.
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and (6) The annual report shall be made on forms prescribed and furnished by the Secretary of State, and the information therein, required by paragraphs (1) through SB0368 Engrossed - 41 - LRB095 10827 LCT 31089 b (4) of subsection (a), both inclusive, shall be given as of the date of signing of the annual report.
and (6) The annual report shall be made on forms prescribed and furnished by the Secretary of State, and the information therein, required by paragraphs (1) through SB0368 Enrolled - 41 - LRB095 10827 LCT 31089 b (4) of subsection (a), both inclusive, shall be given as of the date of signing of the annual report.
(e) If a limited partnership or foreign limited partnership fails to file its annual report and pay the requisite fee as SB0368 Engrossed - 42 - LRB095 10827 LCT 31089 b required by this Act before the first day of the anniversary month in the year which it is due, the Secretary of State shall:
(e) If a limited partnership or foreign limited partnership fails to file its annual report and pay the requisite fee as SB0368 Enrolled - 42 - LRB095 10827 LCT 31089 b required by this Act before the first day of the anniversary month in the year which it is due, the Secretary of State shall:
1-1-05.) (805 ILCS 215/902) SB0368 Engrossed - 43 - LRB095 10827 LCT 31089 b Sec.
1-1-05.) (805 ILCS 215/902) SB0368 Enrolled - 43 - LRB095 10827 LCT 31089 b Sec.
and SB0368 Engrossed - 44 - LRB095 10827 LCT 31089 b (8) all additional information that may be necessary or appropriate in order to enable the Secretary of State to determine whether the limited partnership is entitled to transact business in this State.
and SB0368 Enrolled - 44 - LRB095 10827 LCT 31089 b (8) all additional information that may be necessary or appropriate in order to enable the Secretary of State to determine whether the limited partnership is entitled to transact business in this State.
(b) The Secretary of State shall have the power and authority to promulgate rules, in accordance with pursuant to the Illinois Administrative Procedure Act, as are necessary to administer this Act efficiently and to perform the duties SB0368 Engrossed - 45 - LRB095 10827 LCT 31089 b therein herein imposed.
(b) The Secretary of State shall have the power and authority to promulgate rules, in accordance with pursuant to the Illinois Administrative Procedure Act, as are necessary to administer this Act efficiently and to perform the duties SB0368 Enrolled - 45 - LRB095 10827 LCT 31089 b therein herein imposed.
and (2) not file any additional documents, amendments, reports, or other papers relating to the limited partnership or foreign limited partnership organized under SB0368 Engrossed - 46 - LRB095 10827 LCT 31089 b or subject to the provisions of this Act until the delinquency is satisfied.
and (2) not file any additional documents, amendments, reports, or other papers relating to the limited partnership or foreign limited partnership organized under SB0368 Enrolled - 46 - LRB095 10827 LCT 31089 b or subject to the provisions of this Act until the delinquency is satisfied.
No corporation or association hereafter organized or doing business for profit in this State shall be entitled to use the term "Co-operative" as a part of its corporate or other business name or title unless it has complied with the provisions of this Act, except (1) a corporation or association organized under the Business Corporation Act of 1983 General Not For Profit Corporation Act of 1986 for the purpose of ownership or administration of residential property on a cooperative basis, or (2) a cooperative corporation organized under the General Not For Profit Corporation Act of 1986 or its predecessor or successor statutes, or a corporation or SB0368 Engrossed - 47 - LRB095 10827 LCT 31089 b association organized under the Business Corporation Act of 1983 for the same purpose.
No corporation or association hereafter organized or doing business for profit in this State shall be entitled to use the term "Co-operative" as a part of its corporate or other business name or title unless it has complied with the provisions of this Act, except (1) a corporation or association organized under the Business Corporation Act of 1983 General Not For Profit Corporation Act of 1986 for the purpose of ownership or administration of residential property on a cooperative basis, or (2) a cooperative corporation organized under the General Not For Profit Corporation Act of 1986 or its predecessor or successor statutes, or a corporation or SB0368 Enrolled - 47 - LRB095 10827 LCT 31089 b association organized under the Business Corporation Act of 1983 for the same purpose.
SB0368 Engrossed - 48 - LRB095 10827 LCT 31089 b INDEX Statutes amended in order of appearance 805 ILCS 5/1.11 new 805 ILCS 5/1.80 from Ch.
SB0368 Enrolled - 48 - LRB095 10827 LCT 31089 b INDEX Statutes amended in order of appearance 805 ILCS 5/1.11 new 805 ILCS 5/1.80 from Ch.
108.05 805 ILCS 180/5-25 805 ILCS 180/5-46 new 805 ILCS 180/5-47 805 ILCS 180/37-40 805 ILCS 206/101 805 ILCS 206/1003 805 ILCS 206/1103 805 ILCS 206/1104 805 ILCS 206/1208 new 805 ILCS 215/108 805 ILCS 215/109 805 ILCS 215/114 805 ILCS 215/117 805 ILCS 215/201 805 ILCS 215/210 805 ILCS 215/902 805 ILCS 215/1303 805 ILCS 215/1305 SB0368 Engrossed - 49 - LRB095 10827 LCT 31089 b 805 ILCS 310/22 from Ch.
108.05 805 ILCS 180/5-25 805 ILCS 180/5-46 new 805 ILCS 180/5-47 805 ILCS 180/37-40 805 ILCS 206/101 805 ILCS 206/1003 805 ILCS 206/1103 805 ILCS 206/1104 805 ILCS 206/1208 new 805 ILCS 215/108 805 ILCS 215/109 805 ILCS 215/114 805 ILCS 215/117 805 ILCS 215/201 805 ILCS 215/210 805 ILCS 215/902 805 ILCS 215/1303 805 ILCS 215/1305 SB0368 Enrolled - 49 - LRB095 10827 LCT 31089 b 805 ILCS 310/22 from Ch.
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Action History

  1. Public Act . . . . . . . . . 95-0368

  2. Effective Date August 23, 2007

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 114-000-000

  7. Added Alternate Co-Sponsor Rep. Lisa M. Dugan

  8. Placed on Calendar Order of 3rd Reading - Short Debate

  9. Second Reading - Short Debate

  10. Placed on Calendar 2nd Reading - Short Debate

  11. Do Pass / Short Debate State Government Administration Committee; 011-000-000

  12. Committee Deadline Extended-Rule 9(b) May 25, 2007

  13. Re-assigned to State Government Administration Committee

  14. Assigned to Executive Committee

  15. Referred to Rules Committee

  16. First Reading

  17. Chief House Sponsor Rep. William Davis

  18. Placed on Calendar Order of First Reading

  19. Arrived in House

  20. Third Reading - Passed; 056-000-000

  21. Placed on Calendar Order of 3rd Reading March 6, 2007

  22. Second Reading

  23. Placed on Calendar Order of 2nd Reading March 2, 2007

  24. Do Pass as Amended Commerce and Economic Development; 008-000-000

  25. Senate Committee Amendment No. 1 Adopted

  26. Senate Committee Amendment No. 1 Rules Refers to Commerce and Economic Development

  27. Senate Committee Amendment No. 1 Referred to Rules

  28. Senate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine

  29. Assigned to Commerce and Economic Development

  30. Referred to Rules

  31. First Reading

  32. Filed with Secretary by Sen. William R. Haine

Sponsors

  • William R. Haine · Cosponsor
  • Lisa M. Dugan · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

  • William R. Haine
  • Lisa M. Dugan

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 114 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 101004
Republican 4000
Total 114004
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Jefferies — Yea
Jefferson — Yea
Krause — Yea
Dugan — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
Mathias — Yea
Reitz — Yea
McAuliffe — Yea
McCarthy — Yea
Lyons — Yea
Mendoza — Yea
Meyer — Yea
Moffitt — Yea
Molaro — Yea
Munson — Yea
Myers — Yea
Schock — Yea
Scully — Yea
Tryon — Yea
Turner — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Burke — Yea
Sullivan — Yea
Hannig — Yea
Harris — Yea
Coladipietro — Yea
Cole — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Granberg — Yea
Hamos — Yea
Hernandez — Yea
Madigan — Yea
Watson — Yea
Howard — Yea
Nekritz — Yea
Osterman — Yea
Phelps — Yea
Davis, Monique — Yea
Pihos — Yea
Soto — Not Voting
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Dunn — Not Voting
Graham — Not Voting
Hassert — Yea
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Osmond — Yea
Patterson — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Mulligan — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 46003
Democrat 9000
Republican 1000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Hultgren — Yea
Lauzen — Yea
Link — Yea
Millner — Yea
Noland — Yea
Peterson — Yea
Schoenberg — Yea
Sieben — Yea
Silverstein — Yea
Brady — Yea
Viverito — Yea
Wilhelmi — Yea
Sullivan — Yea
Munoz — Yea
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Meeks — Not Voting
Trotter — Not Voting
Dillard — Yea
Kotowski — Not Voting
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Luechtefeld — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

finance technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 368 do?
Amends the Business Corporation Act of 1983, the General Not For Profit Corporation Act of 1986, and the Limited Liability Company Act. Provides guidelines for electronic filing of documents or reports. Amends the Professional Service Corporation Act. Permits a professional corporation to merge with a domestic limited liability company to render the same specific professional service or related professional services. Prohibits the merger of a professional corporation with a foreign limited liability company. Further amends the Limited Liability Company Act. Provides that, if a foreign limited liability company has adopted an assumed name, the name of the series of members, managers, or interests with limited liability must contain the entire name under which the foreign limited liability company has been admitted to transact business in this State. Amends the Uniform Partnership Act (1997). Requires the Secretary of State to file a renewal statement report if the report complies with the requirements of the Act and, if it does not comply, to promptly return it to the limited liability partnership for any necessary corrections. Provides that, in the case of a non-conforming statement report, the expiration of the original or renewal statement will not occur if the limited liability partnership makes the necessary corrections and returns the report to the Secretary of State within 30 days of the date that the report was returned to the partnership for corrections. Amends the Uniform Limited Partnership Act (2001). Prohibits the name of a limited partnership from containing any of certain listed terms. Sets out penalties for a limited partnership or foreign limited partnership that fails to designate and continuously maintain an agent for service of process, fails to file its annual report or pay the requisite fee, or fails to provide its Federal Employer Identification Number within the required time period. Amends the Co-operative Act in relation to use of the term "Co-operative". Makes other changes. Effective July 1, 2007.
Who sponsors SB 368?
SB 368 is sponsored by William R. Haine and Lisa M. Dugan.
What is the current status of SB 368?
This bill has been enacted into law. Introduced February 07, 2007. Enacted.
Where can I track SB 368?
Track SB 368 free on One Click Politics — get push/email alerts when it moves.

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