2005 Illinois Code - 805 ILCS 210/ Revised Uniform Limited Partnership Act. Article 11 - Fees And Other Matters
(805 ILCS 210/Art. 11 heading)
(Article scheduled to be repealed on January 1, 2008)
ARTICLE 11
Fees and Other Matters
(Source: P.A. 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
(805 ILCS 210/1101) (from Ch. 106 1/2, par. 161‑1)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1101.
List of Partnerships.
(a) The Secretary of State may
publish a list or lists of limited partnerships and foreign limited
partnerships, with such frequency, in such format, and for such fees as the
Secretary may in his or her discretion provide by rule. The Secretary may
disseminate information concerning limited partnerships and foreign limited
partnerships by computer network, in such format and for such fees as may
be determined by rule.
(b) Any list published under subsection (a) shall be free to each member
of the General Assembly and to each State agency or department and to each
Recorder
in this State, submitting a written request for same. To all others an
appropriate fee to cover the cost of producing the
list shall be charged, and shall be established by rule.
(Source: P.A. 84‑1412; 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
(805 ILCS 210/1102) (from Ch. 106 1/2, par. 161‑2)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1102.
Fees.
(a) The Secretary of State shall charge and collect
in accordance with the provisions of this Act and rules promulgated
pursuant to its authority:
(1) fees for filing documents;
(2) miscellaneous charges;
(3) fees for the sale of lists of filings, copies of
|
any documents, and for the sale or release of any information.
|
|
(b) The Secretary of State shall charge and collect for:
(1) filing certificates of limited partnership
|
|
(domestic), certificates of admission (foreign), restated certificates of limited partnership (domestic), and restated certificates of admission (foreign), $150;
|
|
(2) filing certificates to be governed by this Act,
|
|
|
(3) filing amendments and certificates of amendment,
|
|
|
(4) filing certificates of cancellation, $25;
(5) filing an application for use of an assumed name
|
|
pursuant to Section 108 of this Act, $150 for each year or part thereof ending in 0 or 5, $120 for each year or part thereof ending in 1 or 6, $90 for each year or part thereof ending in 2 or 7, $60 for each year or part thereof ending in 3 or 8, $30 for each year or part thereof ending in 4 or 9, and a renewal fee for each assumed name, $150;
|
|
(6) filing a renewal report of a domestic or foreign
|
|
limited partnership, $150 if filed as required by this Act, plus $100 penalty if delinquent;
|
|
(7) filing an application for reinstatement of a
|
|
domestic or foreign limited partnership, and for issuing a certificate of reinstatement, $200;
|
|
(8) filing any other document, $50.
(c) The Secretary of State shall charge and collect:
(1) for furnishing a copy or certified copy of any
|
|
document, instrument or paper relating to a domestic limited partnership or foreign limited partnership, $25; and
|
|
(2) for the transfer of information by computer
|
|
process media to any purchaser, fees established by rule.
|
|
(Source: P.A. 93‑32, eff. 7‑1‑03; 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
|
(805 ILCS 210/1103) (from Ch. 106 1/2, par. 161‑3)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1103.
Powers of the Secretary of State and Rulemaking.
(a) The
Secretary of State shall have the power and authority reasonably necessary
to administer this Act efficiently and to perform the duties herein
imposed. The Secretary of State's function pursuant to this Act is to be a
central depository for the certificates of limited partnership and
certificates of admission required by this Act and to record the assumed
names used by limited partnerships and foreign limited partnerships.
(b) The Secretary of State shall have authority to promulgate rules
pursuant to the Illinois Administrative Procedure Act, as are necessary to
administer this Act efficiently and to perform the duties herein imposed.
(Source: P.A. 84‑1412; 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
(805 ILCS 210/1104) (from Ch. 106 1/2, par. 161‑4)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1104.
Certified Copies and Certificates.
(a) Copies,
photostatic or otherwise, of any and all documents filed in the Office of
the Secretary of State in accordance with the provisions of this Act, when
certified by the Secretary of State under the Great Seal of the State of
Illinois, shall be taken and received in all courts, public offices and
official bodies as prima facie evidence of the facts therein stated.
(b) Certificates by the Secretary of State under the Great Seal of the
State of Illinois as to the existence or nonexistence of facts relating to
domestic limited partnerships, or foreign limited
partnerships, which would not appear from a
certified copy of any document, shall be taken and received in all courts,
public offices and official bodies as prima facie evidence of the existence
or nonexistence of the facts therein stated.
(Source: P.A. 85‑403; 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
(805 ILCS 210/1105) (from Ch. 106 1/2, par. 161‑5)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1105.
Federal Employers Identification Number.
All documents
required by this Act to be filed in the Office of the Secretary of State
shall contain the Federal Employers Identification Number of the domestic
limited partnership or foreign limited partnership with respect to which
the document is filed, unless the partnership has not obtained a Federal
Employer Identification Number at the time of filing. In the event a
domestic limited partnership or foreign limited partnership does not have a
Federal Employer Identification Number at the time of such filing, such a
number shall be obtained on behalf of such partnership and shall be
given to the Secretary of State within 180 days after filing its initial
document with the Secretary of State.
(Source: P.A. 85‑403; 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
(805 ILCS 210/1106) (from Ch. 106 1/2, par. 161‑6)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1106.
Forms.
All documents required by this Act to be filed in
the office of the Secretary of State shall be made on or accompanied by
forms which shall be prescribed and furnished by the Secretary of State.
(Source: P.A. 84‑1412; 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
(805 ILCS 210/1107) (from Ch. 106 1/2, par. 161‑7)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1107.
File Number.
All documents required by this Act to be
filed in the Office of the Secretary of State, with the exception of each
domestic or foreign limited partnership's initial filing, shall contain
the limited partnership's file number as assigned by the Office of the
Secretary of State.
(Source: P.A. 85‑403; 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
(805 ILCS 210/1108) (from Ch. 106 1/2, par. 161‑8)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1108.
Renewal Reports.
(a) Each certificate of limited
partnership, certificate to be governed by this Act, and
application for admission to transact business filed under this Act shall
be renewed in the manner set forth in this Section. Each limited
partnership or foreign limited partnership admitted to transact business in
this State shall file, within the time prescribed by this Act, a renewal
report setting forth:
(1) the name of the limited partnership or foreign
|
|
(2) the limited partnership or foreign limited
|
|
partnership's file number;
|
|
(3) the limited partnership or foreign limited
|
|
partnership's federal employer identification number;
|
|
(4) if a foreign limited partnership, the
|
|
jurisdiction and date of its formation, and a statement that it is validly existing as a limited partnership under the laws of that jurisdiction as of the date of filing the report;
|
|
(5) the name and address of the registered agent and
|
|
registered office that the limited partnership or foreign limited partnership has appointed or does appoint;
|
|
(6) the address of the office at which the records
|
|
required by Section 104, regarding a domestic limited partnership, or Section 902, regarding a foreign limited partnership, are kept; and
|
|
(7) a statement that the limited partnership or
|
|
foreign limited partnership is still existing in this State.
|
|
(b) Such renewal report shall be made on forms prescribed and furnished
by the Secretary of State, and the information therein required shall be
given as of the date of its filing. The report shall be executed by the
limited partnership or foreign limited partnership by a general partner.
(c) Such renewal report, together with all fees as prescribed by this
Act, shall be delivered to the Secretary of State before the first day of
the anniversary month of the limited partnership or foreign limited
partnership every 2 years following the initial filing with the Secretary
of State.
Proof to the satisfaction of the Secretary of State that, before the first
day of the
anniversary month of the limited partnership, the report, together with all
fees as
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.
(d) Such renewal report, together with all fees as prescribed by this
Act shall be deemed to be received by the Secretary of State upon the date of
actual receipt thereof by the Secretary of State. If the Secretary of
State finds that such report conforms to the requirements of this Act, he
or she shall file the same. If he or she finds that it does not so
conform, he or she shall promptly return the same to the limited
partnership or foreign limited partnership for any necessary corrections,
in which event the penalty prescribed for failure to file such report
within the time hereinabove provided shall not apply if such report is
corrected to conform to the requirements of this Act and returned to the
Secretary of State within 30 days of the date the report was returned
for correction.
(Source: P.A. 91‑463, eff. 1‑1‑00; 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
|
(805 ILCS 210/1109) (from Ch. 106 1/2, par. 161‑9)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1109.
Delinquency.
(a) The Secretary of State may determine
delinquency of any limited partnership or foreign limited partnership, if:
(1) it has failed to file its renewal report and pay
|
the requisite fee as required by this Act before the first day of the anniversary month of the limited partnership or foreign limited partnership of the year in which the report becomes due. A notice of delinquency will be sent to the registered agent of record when such renewal report is 30 days past due and the limited partnership must correct the default within 90 days after the anniversary date;
|
|
(2) a preexisting limited partnership has not filed
|
|
its certificate to be governed by this Act by the specified filing date, determined by name, as required by Section 1205;
|
|
(3) it has failed to appoint and maintain a
|
|
registered agent in this State within 90 days of notification by the Secretary of State; or
|
|
(4) it has failed to report its Federal Employee
|
|
Identification Number to the Secretary of State's office within 180 days, as specified in Section 1105.
|
|
(b) If the limited partnership or foreign limited partnership has not
corrected the default within the time periods prescribed by this Act, the
Secretary of State shall be empowered to invoke the following penalties:
(1) Each limited partnership, domestic or foreign,
|
|
that fails or refuses to file its renewal report and pay the filing fee within 90 days after the first date of its anniversary month or fails to comply with subsection (a) of this Section within the specified filing time is subject to a penalty of $100;
|
|
(2) The Secretary of State shall not file any
|
|
additional documents, amendments, reports or other papers relating to any limited partnership or foreign limited partnership organized under or subject to the provisions of this Act until any delinquency under subsection (a) is satisfied; and
|
|
(3) In response to inquiries received in the Office
|
|
of the Secretary of State from any party regarding a limited partnership which is delinquent in its renewal, the Secretary of State will show that the limited partnership is delinquent.
|
|
(Source: P.A. 86‑836; 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
|
(805 ILCS 210/1110) (from Ch. 106 1/2, par. 161‑10)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1110.
Reinstatement.
(a) A limited partnership or foreign
limited partnership which has been delinquent may return to good standing upon:
(1) the filing with the Secretary of State by the
|
limited partnership or foreign limited partnership of all applications, reports, information requirements, registrations and renewals when due and theretofore becoming due; and
|
|
(2) the payment to the Secretary of State by the
|
|
limited partnership or foreign limited partnership of all fees and penalties then due and theretofore becoming due.
|
|
(Source: P.A. 85‑403; 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
|
(805 ILCS 210/1111)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1111.
Department of Business Services Special Operations Fund.
(a) A special fund in the State Treasury is created and shall be known as
the
Department of Business Services Special Operations Fund. Moneys deposited into
the Fund
shall, subject to appropriation, be used by the Department of Business Services
of the Office
of the Secretary of State, hereinafter "Department", to create and maintain the
capability to
perform expedited services in response to special requests made by the public
for same day
or 24 hour service. Moneys deposited into the Fund shall be used for, but not
limited to,
expenditures for personal services, retirement, social security contractual
services,
equipment, electronic data processing, and telecommunications.
(b) The balance in the Fund at the end of any fiscal year shall not exceed
$600,000
and any amount in excess thereof shall be transferred to the General Revenue
Fund.
(c) All fees payable to the Secretary of State under this Section shall be
deposited
into the Fund. No other fees or charges collected under this Act
shall be
deposited into the
Fund.
(d) "Expedited services" means services rendered within the same day, or
within 24
hours from the time, the request therefor is submitted by the filer, law firm,
service company,
or messenger physically in person, or at the Secretary of State's discretion,
by electronic means, to the Department's Springfield Office or
Chicago Office
and includes requests for certified copies, photocopies, and certificates of
existence or
abstracts of computer record made to the Department's Springfield Office in
person or by
telephone, or requests for certificates of existence or abstracts of computer
record made in
person or by telephone to the Department's Chicago Office.
(e) Fees for expedited services shall be as follows:
Merger or conversion, $200;
Certificate of limited partnership, $100;
Certificate of amendment, $100;
Reinstatement, $100;
Application for admission to transact business, $100;
Certificate of cancellation of admission, $100;
Certificate of existence or abstract of computer record, $20.
All other filings, copies of documents, biennial renewal reports, and copies
of
documents of canceled limited partnerships, $50.
(Source: P.A. 93‑32, eff. 7‑1‑03; 93‑967, eff. 1‑1‑05. Repealed on 1‑1‑2008 by 805 ILCS 215/1401.)
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
