TITLE 14: COMMERCE
SUBTITLE A: REGULATION OF BUSINESS
CHAPTER I: SECRETARY OF STATE
PART 160
GENERAL NOT FOR PROFIT CORPORATIONS
SECTION 160.10 DEFINITIONS
Section 160.10 Definitions
"Department"
shall mean the Department of Business Services of the Office of the Secretary
of State.
"Director"
shall mean the Director of the Department.
"NFP"
shall mean the General Not for Profit Corporation Act of 1986 [805 ILCS 105].
"Secretary"
shall mean the Secretary of State of Illinois.
(Source: Amended at 20 Ill. Reg. 7045, effective May 8, 1996)
 | TITLE 14: COMMERCE
SUBTITLE A: REGULATION OF BUSINESS
CHAPTER I: SECRETARY OF STATE
PART 160
GENERAL NOT FOR PROFIT CORPORATIONS
SECTION 160.11 OFFICE LOCATION AND BUSINESS HOURS
Section 160.11 Office
Location and Business Hours
a) The documents to incorporate an Illinois not for profit
corporation shall be filed at the following address:
Department of Business Services
Room 328, Howlett Building
Springfield, Illinois 62756.
b) The business hours are 8:00 a.m. to 4:30 p.m., Monday through
Friday, excluding holidays.
(Source: Amended at 20 Ill. Reg. 7045, effective May 8, 1996)
| TITLE 14: COMMERCE
SUBTITLE A: REGULATION OF BUSINESS
CHAPTER I: SECRETARY OF STATE
PART 160
GENERAL NOT FOR PROFIT CORPORATIONS
SECTION 160.12 SALE OF INFORMATION
Section 160.12 Sale of
Information
a) The master not for profit corporation list computer format
includes the file number, the corporate name, the date of incorporation or
qualification, the registered agent's name and the registered office address,
the duration of the corporation, and the years in which the two previous annual
reports were filed. The information available by means of a computer connection
shall include all of the above. The fee for this list is $1,500.00. No other
corporate information in quantity shall be sold or otherwise made available for
purchase or for free. This subsection does not prevent a member of the public
from making inquires or purchases of information concerning an individual
corporation in which he or she is specifically interested. However, any person
requesting information arranged by a specific field of the formats shall be
referred to all commercial vendors of corporate information who have obtained
the information (pursuant to 14 Ill. Adm. Code 150.230(b)(3)), and the
Department shall not provide the corporate information to the requester. The
Department shall not state any preference of commercial vendor to the
requester, but shall provide all names and addresses of the commercial vendors
to the requester.
b) The list of condominium associations is available once per
year in CD ROM form for a fee of $150.00 per disc, payable by certified check
or money order to the "Secretary of State". The sets may be ordered
in writing from the Director. When the purchaser's request is approved by the
Director and the fee paid, no refunds shall be made.
(Source: Amended at 42 Ill. Reg. 16917, effective September 5, 2018)
| TITLE 14: COMMERCE
SUBTITLE A: REGULATION OF BUSINESS
CHAPTER I: SECRETARY OF STATE
PART 160
GENERAL NOT FOR PROFIT CORPORATIONS
SECTION 160.13 FEES
Section 160.13 Fees
All payments of fees with
respect to original articles of incorporation, applications for original
certificates of authority and applications for reinstatement of domestic or
foreign corporations shall be by money order, certified check, cashier's check or
a check drawn on the account of an Illinois attorney or certified public
accountant, payable to the "Secretary of State." All other payments
may be made by personal or business firm check, payable to the "Secretary
of State."
(Source: Amended at 20 Ill. Reg. 7045, effective May 8, 1996)
| TITLE 14: COMMERCE
SUBTITLE A: REGULATION OF BUSINESS
CHAPTER I: SECRETARY OF STATE
PART 160
GENERAL NOT FOR PROFIT CORPORATIONS
SECTION 160.14 ABSTRACTS AND RECORDS
Section 160.14 Abstracts and
Records
a) An abstract of corporate record of a corporation shall consist
of a hard copy print-out of the information shown on the computer records of
the Department of Business Services of the Office of the Secretary of State.
b) All requests for abstracts of corporate records shall be in
writing and shall be sent to the following address:
Department of Business Services
Room 328, Howlett Building
Springfield, Illinois 62756
Attention: Abstracts
c) The fee for each abstract of corporate record shall be $5.00
and must accompany the written request.
(Source: Amended at 20 Ill. Reg. 7045, effective May 8, 1996)
| TITLE 14: COMMERCE
SUBTITLE A: REGULATION OF BUSINESS
CHAPTER I: SECRETARY OF STATE
PART 160
GENERAL NOT FOR PROFIT CORPORATIONS
SECTION 160.15 HEARINGS
Section 160.15 Hearings
The rules for formal
administrative hearings at 14 Ill. Adm. Code 150.Subpart A, shall apply to all
administrative hearings conducted under the NFP.
| TITLE 14: COMMERCE
SUBTITLE A: REGULATION OF BUSINESS
CHAPTER I: SECRETARY OF STATE
PART 160
GENERAL NOT FOR PROFIT CORPORATIONS
SECTION 160.16 NAMES
Section 160.16 Names
The rules governing use of
corporate names found at 14 Illinois Administrative Code 150, Subpart D, shall
apply to the use of names under the NFP.
| TITLE 14: COMMERCE
SUBTITLE A: REGULATION OF BUSINESS
CHAPTER I: SECRETARY OF STATE
PART 160
GENERAL NOT FOR PROFIT CORPORATIONS
SECTION 160.17 SERVICE OF PROCESS
Section 160.17 Service of
Process
The rules at 14 Ill. Adm. Code
150.Subpart E, shall apply to the service of process under the NFP.
| TITLE 14: COMMERCE
SUBTITLE A: REGULATION OF BUSINESS
CHAPTER I: SECRETARY OF STATE
PART 160
GENERAL NOT FOR PROFIT CORPORATIONS
SECTION 160.18 ELECTRONIC FILING
Section 160.18 Electronic Filing
Documents transmitted for filing electronically must include
the name of the person making the submission. Such inclusion shall constitute
the affirmation or acknowledgement of the person, under penalties of perjury,
that the instrument is his or her act and deed or the act and deed of the
corporation, as the case may be, and that the facts stated in the submission
are true. Compliance with this Section shall satisfy the signature provisions
of Section 101.10 of the General Not For Profit Corporation Act of 1986, which
shall otherwise apply.
(Source: Added at 30 Ill.
Reg. 12966, effective July
11, 2006)
| TITLE 14: COMMERCE
SUBTITLE A: REGULATION OF BUSINESS
CHAPTER I: SECRETARY OF STATE
PART 160
GENERAL NOT FOR PROFIT CORPORATIONS
SECTION 160.19 ERRORS OR DEFECTS
Section 160.19 Errors or Defects
a) Matters
deemed "errors" or "defects" for which a statement of
correction may be filed are facts that have been misreported in a document
filed with the Secretary of State's Office and do not include any other matter that,
in retrospect, is considered a mistake or that, as to the action reported,
reflects a subsequent event.
b) Matters
deemed errors or defects in original articles of incorporation are:
typographical errors in the names of the first board of directors (but not such
as to substitute or delete a person or part). Any other matters shall not be
the subject of a statement of correction but, in an appropriate case, shall be
dealt with by articles of amendment.
c) Matters
deemed errors or defects in an application for an original or amended authority
of a foreign corporation and for which a statement of correction may be filed
are: typographical errors in the corporate name that result in the name
differing from the name shown on the certified copy; errors in the names or
addresses of the directors, the officers, or the principal office.
d) Matters
deemed errors or defects for which a statement of correction may be filed in a
reservation of transfer of corporate name, an application to adopt, change or
cancel an assumed corporate name, an application for registration or renewal of
corporate name (foreign), a statement of change or notice of resignation of
registered agent/office, or an application for reinstatement not including the
corporate name or assumed corporate name are those in the personal names or
addresses reported in the documents, but not those alleged errors that would
substitute or delete a person or party or address.
(Source: Added at 31 Ill.
Reg. 8549, effective June 15, 2007)
| TITLE 14: COMMERCE
SUBTITLE A: REGULATION OF BUSINESS
CHAPTER I: SECRETARY OF STATE
PART 160
GENERAL NOT FOR PROFIT CORPORATIONS
SECTION 160.20 AMENDED ANNUAL REPORT
Section 160.20 Amended Annual Report
a) A
corporation may amend its most recently filed annual report to denote any
subsequent changes in the names and addresses of its officers and directors,
principal place of business and/or status as a Condominium Association,
Homeowner's Association or Cooperative Housing Corporation. The amended annual
report must set forth the information required in Section 114.05 of the General
Not For Profit Corporation Act of 1986 (the Act).
b) An
amended annual report shall not take the place of any document, statement or
report otherwise required to be filed by the Act.
c) The
filing fee for an amended annual report will be the amount set forth in Section
115.10(m) of the Act.
(Source: Added at 31 Ill.
Reg. 8549, effective June 15, 2007)
| TITLE 14: COMMERCE
SUBTITLE A: REGULATION OF BUSINESS
CHAPTER I: SECRETARY OF STATE
PART 160
GENERAL NOT FOR PROFIT CORPORATIONS
SECTION 160.21 OFFICERS AND DIRECTORS QUALIFICATIONS
Section 160.21 Officers and Directors – Qualifications
The requirements governing officers and directors at 14 Ill.
Adm. Code 150.632 shall apply to officers and directors under the General Not
For Profit Corporation Act.
(Source: Added at 46 Ill. Reg. 14354,
effective July 27, 2022)
| TITLE 14: COMMERCE
SUBTITLE A: REGULATION OF BUSINESS
CHAPTER I: SECRETARY OF STATE
PART 160
GENERAL NOT FOR PROFIT CORPORATIONS
SECTION 160.30 EXTENSION OF FILING AND SECRETARY OF STATE DEADLINES
Section 160.30 Extension of Filing and Secretary of State Deadlines
Filing of Organizational Documents, Annual Reports, and
Other Business Entity Materials
a) All organizational documents, annual reports, and other
business entity materials required to be filed with the Secretary of State
pursuant to Chapter 805 of the Illinois Compiled Statutes shall be filed with
the Business Services Department, Howlett Building, Room 350, Springfield IL
62756 or 69 West Washington, Suite 1240, Chicago IL 60602.
b) Pursuant to the powers vested in him by Section 5(7) of the
Secretary of State Act, the Secretary of State hereby extends for the duration
of the disaster proclaimed by the Governor in Gubernatorial Proclamation number
2020-038, issued on March 9, 2020, as extended by subsequent proclamations, and
for a period of 90 days thereafter, the filing deadlines for materials required
to be filed with the Secretary of State pursuant to Chapter 805 of the Illinois
Compiled Statutes and that were due to be filed on or after March 17, 2020.
This extension period may be rescinded by the Secretary of State through the
adoption of an emergency rule. Business organizations are required to
pay the statutory amounts to the Secretary of State when materials are filed,
including penalties, filing fees, and other charges required to be paid,
without regard to the application of the filing extension deadline of this
Section.
c) Pursuant to the terms of Executive Order 2020-39, as extended
by Executive Order 2020-44, and as may be further extended by subsequent
Executive Orders, the provisions of Section 101.45 of the General Not For
Profit Corporation Act of 1986 (NFP) that require the Secretary of State to,
within 10 days after any of the documents subject to Section 101.45 are
delivered to the Secretary for filing, give written notice of his or her
disapproval of the documents are suspended for the duration of the disaster
proclaimed in Gubernatorial Proclamation 2020-44, as extended, and for 30 days thereafter.
During this period of suspension, the Secretary shall process these documents
as expeditiously as possible.
d) Pursuant to the terms of Executive Order 2020-39, as extended
by Executive Order 2020-44, and as may be further extended by subsequent
Executive Orders, the provisions of Section 115.20 of the NFP that require the
Secretary of State to provide expedited services upon request are suspended for
the duration of the disaster proclaimed in the Gubernatorial Proclamation
2020-44, as extended, and for 30 days thereafter. During this period of
suspension, the Secretary shall process the expedited documents within 24 hours
or as soon as possible thereafter. For purposes of filing dates, the date the
document was submitted for filing will be the document's filing date.
(Source: Amended at 45 Ill. Reg. 7152,
effective May 28, 2021)
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