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(805
ILCS 5/Art. 15 heading)
ARTICLE 15. FEES, FRANCHISE TAXES
AND CHARGES
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(805
ILCS 5/15.05) (from Ch. 32, par. 15.05)
Sec.
15.05. Fees, franchise taxes, and charges to be collected by
Secretary of State. The Secretary of State shall charge and collect
in accordance with the provisions of this Act:
(a)
Fees for filing documents.
(b)
License fees.
(c)
Franchise taxes.
(d)
Miscellaneous charges.
(e)
Fees for filing annual reports.
(Source: P.A.
93- 59, eff. 7- 1- 03.)
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(805
ILCS 5/15.10) (from Ch. 32, par. 15.10)
(Text
of Section from P.A. 93- 32)
Sec.
15.10. Fees for filing documents. The Secretary of State shall
charge and collect for:
(a)
Filing articles of incorporation, $150.
(b)
Filing articles of amendment, $50, unless the amendment is a
restatement of the articles of incorporation, in which case the
fee shall be $150.
(c)
Filing articles of merger or consolidation, $100, but if the
merger or consolidation involves more than 2 corporations, $50
for each additional corporation.
(d)
Filing articles of share exchange, $100.
(e)
Filing articles of dissolution, $5.
(f)
Filing application to reserve a corporate name, $25.
(g)
Filing a notice of transfer of a reserved corporate name, $25.
(h)
Filing statement of change of address of registered office or
change of registered agent, or both, if other than on an annual
report, $25.
(i)
Filing statement of the establishment of a series of shares,
$25.
(j)
Filing an application of a foreign corporation for authority
to transact business in this State, $150.
(k)
Filing an application of a foreign corporation for amended authority
to transact business in this State, $25.
(l)
Filing a copy of amendment to the articles of incorporation of
a foreign corporation holding authority to transact business
in this State, $50, unless the amendment is a restatement of
the articles of incorporation, in which case the fee shall be
$150.
(m)
Filing a copy of articles of merger of a foreign corporation
holding a certificate of authority to transact business in this
State, $100, but if the merger involves more than 2 corporations,
$50 for each additional corporation.
(n)
Filing an application for withdrawal and final report or a copy
of articles of dissolution of a foreign corporation, $25.
(o)
Filing an annual report, interim annual report, or final transition
annual report of a domestic or foreign corporation, $75.
(p)
Filing an application for reinstatement of a domestic or a foreign
corporation, $200.
(q)
Filing an application for use of an assumed corporate name, $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,
between the date of filing the application and the date of the
renewal of the assumed corporate name; and a renewal fee for
each assumed corporate name, $150.
(r)
To change an assumed corporate name for the period remaining
until the renewal date of the original assumed name, $25.
(s)
Filing an application for cancellation of an assumed corporate
name, $5.
(t)
Filing an application to register the corporate name of a foreign
corporation, $50; and an annual renewal fee for the registered
name, $50.
(u)
Filing an application for cancellation of a registered name of
a foreign corporation, $25.
(v)
Filing a statement of correction, $50.
(w)
Filing a petition for refund or adjustment, $5.
(x)
Filing a statement of election of an extended filing month, $25.
(y)
Filing any other statement or report, $5.
(Source: P.A.
92- 33, eff. 7- 1- 01; 93- 32, eff. 12- 1- 03.)
(Text
of Section from P.A. 93- 59)
Sec.
15.10. Fees for filing documents. The Secretary of State shall
charge and collect for:
(a)
Filing articles of incorporation, $75.
(b)
Filing articles of amendment, $25, unless the amendment is a
restatement of the articles of incorporation, in which case the
fee shall be $100.
(c)
Filing articles of merger or consolidation, $100, but if the
merger or consolidation involves more than 2 corporations, $50
for each additional corporation.
(d)
Filing articles of share exchange, $100.
(e)
Filing articles of dissolution, $5.
(f)
Filing application to reserve a corporate name, $25.
(g)
Filing a notice of transfer of a reserved corporate name, $25.
(h)
Filing statement of change of address of registered office or
change of registered agent, or both, $5.
(i)
Filing statement of the establishment of a series of shares,
$25.
(j)
Filing an application of a foreign corporation for authority
to transact business in this State, $75.
(k)
Filing an application of a foreign corporation for amended authority
to transact business in this State, $25.
(l)
Filing a copy of amendment to the articles of incorporation of
a foreign corporation holding authority to transact business
in this State, $25, unless the amendment is a restatement of
the articles of incorporation, in which case the fee shall be
$100.
(m)
Filing a copy of articles of merger of a foreign corporation
holding a certificate of authority to transact business in this
State, $100, but if the merger involves more than 2 corporations,
$50 for each additional corporation.
(n)
Filing an application for withdrawal and final report or a copy
of articles of dissolution of a foreign corporation, $25.
(o)
Filing an annual report, interim annual report, or final transition
annual report of a domestic or foreign corporation, $25.
(p)
Filing an application for reinstatement of a domestic or a foreign
corporation, $100.
(q)
Filing an application for use of an assumed corporate name, $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,
between the date of filing the application and the date of the
renewal of the assumed corporate name; and a renewal fee for
each assumed corporate name, $150.
(r)
To change an assumed corporate name for the period remaining
until the renewal date of the original assumed name, $25.
(s)
Filing an application for cancellation of an assumed corporate
name, $5.
(t)
Filing an application to register the corporate name of a foreign
corporation, $50; and an annual renewal fee for the registered
name, $50.
(u)
Filing an application for cancellation of a registered name of
a foreign corporation, $25.
(v)
Filing a statement of correction, $25.
(w)
Filing a petition for refund or adjustment, $5.
(x)
Filing a statement of election of an extended filing month, $25.
(y)
Filing any other statement or report, $5.
(Source: P.A.
92- 33, eff. 7- 1- 01; 93- 59, eff. 7- 1- 03.)
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(805
ILCS 5/15.12)
Sec.
15.12. Disposition of fees. Of the total money collected for
the filing of an annual report under this Act, $15 of the filing
fee shall be paid into the Secretary of State Special Services
Fund. The remaining $60 shall be deposited into the General Revenue
Fund in the State Treasury.
(Source: P.A.
93- 32, eff. 12- 1- 03.)
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(805
ILCS 5/15.15) (from Ch. 32, par. 15.15)
Sec.
15.15. Miscellaneous charges. The Secretary of State shall charge
and collect;
(a)
For furnishing a copy or certified copy of any document, instrument,
or paper relating to a corporation, or for a certificate, $25.
(b)
At the time of any service of process, notice or demand on him
or her as resident agent of a corporation, $10, which amount
may be recovered as taxable costs by the party to the suit or
action causing such service to be made if such party prevails
in the suit or action.
(Source: P.A.
93- 32, eff. 12- 1- 03.)
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(805
ILCS 5/15.20) (from Ch. 32, par. 15.20)
Sec.
15.20. License fees payable by domestic corporations. For the
privilege of exercising its franchises in this State, the Secretary
of State shall charge and collect from each domestic corporation
the following license fees, computed on the basis and at the
rates prescribed in this Act:
(a)
Except as otherwise provided in paragraph (c) of this Section,
an additional license fee at the time of filing (1) a report
of the issuance of additional shares, or (2) a report of an increase
in paid- in capital without the issuance of shares, or (3)
an amendment to the articles of incorporation or a report of
cumulative changes in paid- in capital or of an exchange
or reclassification of shares, whenever any amendment or report
discloses an increase in its paid- in capital over the amount
thereof last reported in any document, other than an annual report,
interim annual report, or final transition annual report, required
by this Act to be filed in the office of the Secretary of State.
(b)
Except as otherwise provided in paragraph (c) of this Section,
an additional license fee at the time of filing a report of paid- in
capital following a merger or consolidation that discloses that
the paid- in capital of the surviving or new corporation
immediately after the merger or consolidation is greater than
the sum of the paid- in capital of all of the merged or
consolidated corporations as last reported by them in any documents,
other than annual reports, required by this Act to be filed in
the office of the Secretary of State.
(c)
The additional license fees referred to in paragraphs (a) and
(b) of this Section shall not be payable with respect to issuances
of shares or increases in paid- in capital that occur subsequent
to both December 31, 1990 and the last day of the third month
immediately preceding the anniversary month of a corporation
in 1991.
(Source: P.A.
86- 985; 86- 1217.)
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(805
ILCS 5/15.25) (from Ch. 32, par. 15.25)
Sec.
15.25. Basis of computation of license fees payable by domestic
corporations.
(a)
Except as otherwise provided in subsection (c) of this Section,
the basis for each additional license fee payable by a domestic
corporation, except in the case of a statutory merger or consolidation,
shall be the amount, expressed in dollars, of the increase in
its paid- in capital over the amount thereof last reported
in any document, other than an annual report, required by this
Act to be filed in the office of the Secretary of State.
(b)
Except as otherwise provided in subsection (c) of this Section,
the basis for an additional license fee payable by the surviving
or new corporation, in case of a statutory merger or consolidation
of domestic corporations shall be the amount, expressed in dollars,
of the increase in the paid- in capital of the surviving
or new corporation immediately after the merger or consolidation
over the sum of the paid- in capital of all of the merged
or consolidated corporations, as last reported by them in any
document, other than annual reports, required by this Act to
be filed in the office of the Secretary of State.
(c)
The additional license fees referred to in subsections (a) and
(b) of this Section shall not be payable with respect to issuances
of shares or increases in paid- in capital that occur subsequent
to both December 31, 1990 and the last day of the third month
immediately preceding the anniversary month of the corporation
in 1991.
(d)
No basis under this Section may consist of any redeemable preference
shares sold to the United States Secretary of Transportation
under Sections 505 and 506 of Public Law 94- 210.
(Source: P.A.
86- 985; 86- 1217.)
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(805
ILCS 5/15.30) (from Ch. 32, par. 15.30)
Sec.
15.30. Rate of license fees payable by domestic corporations.
The license fees payable by each domestic corporation shall be
computed at the rate of one- twentieth of one per cent of
the basis prescribed in this Act for the computation thereof.
(Source: P.A.
86- 985.)
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(805
ILCS 5/15.35) (from Ch. 32, par. 15.35)
Sec.
15.35. Franchise taxes payable by domestic corporations. For
the privilege of exercising its franchises in this State, each
domestic corporation shall pay to the Secretary of State the
following franchise taxes, computed on the basis, at the rates
and for the periods prescribed in this Act:
(a)
An initial franchise tax at the time of filing its first report
of issuance of shares.
(b)
An additional franchise tax at the time of filing (1) a report
of the issuance of additional shares, or (2) a report of an increase
in paid- in capital without the issuance of shares, or (3)
an amendment to the articles of incorporation or a report of
cumulative changes in paid- in capital, whenever any amendment
or such report discloses an increase in its paid- in capital
over the amount thereof last reported in any document, other
than an annual report, interim annual report or final transition
annual report required by this Act to be filed in the office
of the Secretary of State.
(c)
An additional franchise tax at the time of filing a report of
paid- in capital following a statutory merger or consolidation,
which discloses that the paid- in capital of the surviving
or new corporation immediately after the merger or consolidation
is greater than the sum of the paid- in capital of all of
the merged or consolidated corporations as last reported by them
in any documents, other than annual reports, required by this
Act to be filed in the office of the Secretary of State; and
in addition, the surviving or new corporation shall be liable
for a further additional franchise tax on the paid- in capital
of each of the merged or consolidated corporations as last reported
by them in any document, other than an annual report, required
by this Act to be filed with the Secretary of State from their
taxable year end to the next succeeding anniversary month or,
in the case of a corporation which has established an extended
filing month, the extended filing month of the surviving or new
corporation; however if the taxable year ends within the 2 month
period immediately preceding the anniversary month or, in the
case of a corporation which has established an extended filing
month, the extended filing month of the surviving or new corporation
the tax will be computed to the anniversary month or, in the
case of a corporation which has established an extended filing
month, the extended filing month of the surviving or new corporation
in the next succeeding calendar year.
(d)
An annual franchise tax payable each year with the annual report
which the corporation is required by this Act to file.
(Source: P.A.
86- 985.)
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(805
ILCS 5/15.40) (from Ch. 32, par. 15.40)
Sec.
15.40. Basis for computation of franchise taxes payable by domestic
corporations.
(a)
The basis for the initial franchise tax payable by a domestic
corporation shall be the amount represented in this State, determined
in accordance with the provisions of this Section, of its paid- in
capital as disclosed by its first report of the issuance of shares.
(b)
The basis for an additional franchise tax payable by a domestic
corporation, except in the case of a statutory merger or consolidation,
shall be the increased amount represented in this State, determined
in accordance with the provisions of this Section, of its paid- in
capital as disclosed by any report of issuance of additional
shares, or of an increase in paid- in capital without the
issuance of shares, or of an exchange or reclassification of
shares, or of cumulative changes in paid- in capital.
(c)
In the case of a statutory merger or consolidation of domestic
corporations, the basis for an additional franchise tax payable
by the surviving or new corporation shall be the increased amount
represented in this State, determined in accordance with the
provisions of this Section of the paid- in capital of the
surviving or new corporation immediately after the merger or
consolidation over the aggregate of the amounts represented in
this State of the paid- in capital of the merged or consolidated
corporations disclosed by the latest reports filed by those corporations,
respectively, with the Secretary of State as required by this
Act; provided, however, the basis for a further additional franchise
tax payable by the surviving or new corporation shall be determined
in accordance with the provisions of this Section, on the paid- in
capital of each of the merged or consolidated corporations as
last reported by it in any document, other than an annual report,
required by this Act to be filed with the Secretary of State,
from its taxable year end to the next succeeding anniversary
month or, in the case of a corporation that has established an
extended filing month, the next succeeding extended filing month
of the surviving or new corporation; however if the taxable year
ends within the 2 month period immediately preceding the anniversary
month or, in the case of a corporation that has established an
extended filing month, the next succeeding extended filing month
of the surviving or new corporation the tax shall be computed
to the anniversary month or, in the case of a corporation that
has established an extended filing month, the next succeeding
extended filing month of the surviving or new corporation in
the next succeeding calendar year.
(d)
The basis for the annual franchise tax payable by a domestic
corporation shall be the amount represented in this State, determined
in accordance with the provisions of this Section, of its paid- in
capital on the last day of the third month preceding the anniversary
month or, in the case of a corporation that has established an
extended filing month, on the last day of the corporation's fiscal
year preceding the extended filing month.
(e)
For the purpose of determining the amount represented in this
State of the paid- in capital of a domestic corporation,
the amount represented in this State shall be that proportion
of its paid- in capital that the sum of (1) the value of
its property located in this State and (2) the gross amount of
business transacted by it at or from places of business in this
State bears to the sum of (1) the value of all of its property,
wherever located, and (2) the gross amount of its business, wherever
transacted, except as follows:
(1)
If the corporation elects in its annual report
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any year to pay its franchise tax upon its entire
paid- in capital, all franchise taxes accruing
against the corporation for that taxable year shall
be computed accordingly until the corporation elects
otherwise in an annual report for a subsequent
year.
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(2)
If the corporation fails to file its annual
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report
or final transition annual report in any year within
the time prescribed by this Act, the proportion
of its paid- in capital represented in this
State shall be deemed to be its entire paid- in
capital unless its annual report is thereafter
filed and its franchise taxes are thereafter adjusted
by the Secretary of State in accordance with the
provisions of this Act, in which case the proportion
shall likewise be adjusted to the same proportion
that would have prevailed if the corporation had
filed its annual report within the time prescribed
by this Act.
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(3)
In the case of a statutory merger or
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consolidation
that becomes effective either prior to January
1, 1991 or on or prior to the last day of the third
month preceding the corporation's anniversary month
in 1991, the amount of the paid- in capital
represented in this State of the surviving or new
corporation immediately after the merger or consolidation,
until the filing of the next annual report of such
corporation, shall be deemed to be that proportion
of the paid- in capital of the surviving or
new corporation that the aggregate amounts represented
in this State of the sum of the paid- in capital
of the merged or consolidated corporations, separately
determined, bore to the total of the sum of the
paid- in capital of all of the merged or consolidated
corporations immediately prior to the merger or
consolidation.
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(f)
For increases in paid- in capital that occur either
prior to January 1, 1991 or on or prior to the last day
of the third month preceding the corporation's anniversary
month in 1991, the proportion corporation on file on the
date represented in this State of the paid- in capital
of a domestic corporation shall be determined from information
contained in the latest annual report of the corporation
on file on the date the particular increase in paid- in
capital is shown to have been made, or, if no annual report
was on file on the date of the increase, from information
contained in its articles of incorporation, or, in case
of a merger or consolidation that becomes effective either
prior to January 1, 1991 or on or prior to the last day
of the third month preceding the corporation's anniversary
month in 1991, from information contained in the report
of the surviving or new corporation of the amount of its
paid- in capital following the merger or consolidation.
For increases in paid- in capital that occur after
both December 31, 1990 and the last day of such third month,
the proportion represented in this State of the paid- in
capital of a domestic corporation shall be determined from
information contained in the latest annual report of the
corporation for the taxable period in which the particular
increase in paid- in capital is shown to have been
made or, if no annual report was on file on the date of
the increase, from information contained in its articles
of incorporation.
(g)
No basis under this Section may consist of any redeemable preference
shares sold to the United States Secretary of Transportation under
Sections 505 and 506 of Public Law 94- 210.
(Source: P.A.
91- 464, eff. 1- 1- 00.)
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(805
ILCS 5/15.45) (from Ch. 32, par. 15.45)
Sec.
15.45. Rate of franchise taxes payable by domestic corporations.
(a)
The annual franchise tax payable by each domestic corporation
shall be computed at the rate of 1/12 of 1/10 of 1% for each
calendar month or fraction thereof for the period commencing
on the first day of July 1983 to the first day of the anniversary
month in 1984, but in no event shall the amount of the annual
franchise tax be less than $2.08333 per month assessed on a minimum
of $25 per annum or more than $83,333.333333 per month; commencing
on January 1, 1984 to the first day of the anniversary month
in 2004, the annual franchise tax payable by each domestic corporation
shall be computed at the rate of 1/10 of 1% for the 12- months'
period commencing on the first day of the anniversary month or,
in cases where a corporation has established an extended filing
month, the extended filing month of the corporation, but in no
event shall the amount of the annual franchise tax be less than
$25 nor more than $1,000,000 per annum; commencing with the first
anniversary month that occurs after December, 2003, the annual
franchise tax payable by each domestic corporation shall be computed
at the rate of 1/10 of 1% for the 12- months' period commencing
on the first day of the anniversary month or, in cases where
a corporation has established an extended filing month, the extended
filing month of the corporation, but in no event shall the amount
of the annual franchise tax be less than $25 nor more than $2,000,000
per annum.
(b)
The annual franchise tax payable by each domestic corporation
at the time of filing a statement of election and interim annual
report in connection with an anniversary month prior to January,
2004 shall be computed at the rate of 1/10 of 1% for the 12 month
period commencing on the first day of the anniversary month of
the corporation next following such filing, but in no event shall
the amount of the annual franchise tax be less than $25 nor more
than $1,000,000 per annum; commencing with the first anniversary
month that occurs after December, 2003, the annual franchise
tax payable by each domestic corporation at the time of filing
a statement of election and interim annual report shall be computed
at the rate of 1/10 of 1% for the 12- month period commencing
on the first day of the anniversary month of the corporation
next following such filing, but in no event shall the amount
of the annual franchise tax be less than $25 nor more than $2,000,000
per annum.
(c)
The annual franchise tax payable at the time of filing the final
transition annual report in connection with an anniversary month
prior to January, 2004 shall be an amount equal to (i) 1/12 of
1/10 of 1% per month of the proportion of paid- in capital
represented in this State as shown in the final transition annual
report multiplied by (ii) the number of months commencing with
the anniversary month next following the filing of the statement
of election until, but excluding, the second extended filing
month, less the annual franchise tax theretofore paid at the
time of filing the statement of election, but in no event shall
the amount of the annual franchise tax be less than $2.08333
per month assessed on a minimum of $25 per annum or more than
$83,333.333333 per month; commencing with the first anniversary
month that occurs after December, 2003, the annual franchise
tax payable at the time of filing the final transition annual
report shall be an amount equal to (i) 1/12 of 1/10 of 1% per
month of the proportion of paid- in capital represented
in this State as shown in the final transition annual report
multiplied by (ii) the number of months commencing with the anniversary
month next following the filing of the statement of election
until, but excluding, the second extended filing month, less
the annual franchise tax theretofore paid at the time of filing
the statement of election, but in no event shall the amount of
the annual franchise tax be less than $2.08333 per month assessed
on a minimum of $25 per annum or more than $166,666.666666 per
month.
(d)
The initial franchise tax payable after January 1, 1983, but
prior to January 1, 1991, by each domestic corporation shall
be computed at the rate of 1/10 of 1% for the 12 months' period
commencing on the first day of the anniversary month in which
the certificate of incorporation is issued to the corporation
under Section 2.10 of this Act, but in no event shall the franchise
tax be less than $25 nor more than $1,000,000 per annum. The
initial franchise tax payable on or after January 1, 1991, but
prior to January 1, 2004, by each domestic corporation shall
be computed at the rate of 15/100 of 1% for the 12 month period
commencing on the first day of the anniversary month in which
the articles of incorporation are filed in accordance with Section
2.10 of this Act, but in no event shall the initial franchise
tax be less than $25 nor more than $1,000,000 per annum plus
1/20th of 1% of the basis therefor. The initial franchise tax
payable on or after January 1, 2004, by each domestic corporation
shall be computed at the rate of 15/100 of 1% for the 12- month
period commencing on the first day of the anniversary month in
which the articles of incorporation are filed in accordance with
Section 2.10 of this Act, but in no event shall the initial franchise
tax be less than $25 nor more than $2,000,000 per annum plus
1/10th of 1% of the basis therefor.
(e)
Each additional franchise tax payable by each domestic corporation
for the period beginning January 1, 1983 through December 31,
1983 shall be computed at the rate of 1/12 of 1/10 of 1% for
each calendar month or fraction thereof, between the date of
each respective increase in its paid- in capital and its
anniversary month in 1984; thereafter until the last day of the
month that is both after December 31, 1990 and the third month
immediately preceding the anniversary month in 1991, each additional
franchise tax payable by each domestic corporation shall be computed
at the rate of 1/12 of 1/10 of 1% for each calendar month, or
fraction thereof, between the date of each respective increase
in its paid- in capital and its next anniversary month;
however, if the increase occurs within the 2 month period immediately
preceding the anniversary month, the tax shall be computed to
the anniversary month of the next succeeding calendar year. Commencing
with increases in paid- in capital that occur subsequent
to both December 31, 1990 and the last day of the third month
immediately preceding the anniversary month in 1991, the additional
franchise tax payable by a domestic corporation shall be computed
at the rate of 15/100 of 1%.
(Source: P.A.
93- 32, eff. 12- 1- 03.)
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(805
ILCS 5/15.50) (from Ch. 32, par. 15.50)
Sec.
15.50. License fees payable by foreign corporations. For the
privilege of exercising its authority to transact business in
this State as set out in its application therefor or any amendment
thereto, the Secretary of State shall charge and collect from
each foreign corporation the following license fees, computed
on the basis and at the rates prescribed in this Act:
(a)
An initial license fee at the time of filing its application
for authority to transact business in this State whenever the
application indicates the corporation commenced transacting business
prior to January 1, 1991.
(b)
Except as otherwise provided in paragraph (e) of this Section,
an additional license fee at the time of filing (1) a report
of the issuance of additional shares, or (2) a report of an increase
in paid- in capital without the issuance of shares, or (3)
a report of cumulative changes in paid- in capital or of
an exchange or reclassification of shares, whenever the report
discloses an increase in the amount represented in this State
of its paid- in capital over the greatest amount thereof
theretofore reported in any document required by this Act to
be filed in the office of the Secretary of State.
(c)
Except as otherwise provided in paragraph (e) of this Section,
whenever the corporation shall be a party to a statutory merger
and shall be the surviving corporation, an additional license
fee at the time of filing its report following merger, if the
report discloses that the amount represented in this State of
its paid- in capital immediately after the merger is greater
than the aggregate of the amounts represented in this State of
the paid- in capital of all of the merged corporations.
(d)
Except as otherwise provided in paragraph (e) of this Section,
an additional license fee payable with the annual franchise tax
each year in which the corporation is required by this Act to
file an annual report whenever the report discloses an increase
in the amount represented in this State of its paid- in
capital over the amount previously determined to be represented
in this State in accordance with the provisions of this Act.
(e)
The additional license fee referred to in paragraphs (b), (c)
and (d) of this Section shall not be payable with respect to
issuances of shares or increases in paid- in capital that
occur subsequent to both December 31, 1990 and the last day of
the third month immediately preceding the anniversary month of
a foreign corporation in 1991 or to an increase in the amount
represented in this State of its paid- in capital over the
amount previously determined to be represented in this State
in accordance with the provisions of this Act.
(Source: P.A.
92- 33, eff. 7- 1- 01.)
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(805
ILCS 5/15.55) (from Ch. 32, par. 15.55)
Sec.
15.55. Basis of computation of license fee payable by foreign
corporations.
(a)
The basis for the initial license fee payable by a foreign corporation
shall be the amount represented in this State, determined in
accordance with the provisions of this Section, of its paid- in
capital whenever the application for authority indicates the
corporation commenced transacting business in this State prior
to January 1, 1991.
(b)
The basis for an additional license fee payable by a foreign
corporation, except in the case of a statutory merger, shall
be the increased amount represented in this State, determined
in accordance with the provisions of this Section, of its paid- in
capital as disclosed by the annual report, by any report of issuance
of additional shares, or of an increase in paid- in capital
without the issuance of shares, or of an exchange or reclassification
of shares, or of cumulative changes in paid- in capital,
but the basis shall not include any increases in its paid- in
capital represented in this State that occur after both December
31, 1990 and the last day of the third month immediately preceding
its anniversary month in 1991.
(c)
Whenever a foreign corporation shall be a party to a statutory
merger that becomes effective either prior to January 1, 1991
or on or prior to the last day of the third month immediately
preceding the surviving corporation's anniversary month in 1991
and shall be the surviving corporation, the basis for an additional
license fee shall be the increased amount represented in this
State, determined in accordance with the provisions of this Section,
of the paid- in capital of the surviving corporation immediately
after the merger over the aggregate of the amounts represented
in this State of the paid- in capital of the merged corporations.
(d)
For the purpose of determining the amount represented in this
State of the paid- in capital of a foreign corporation that
shall be a party to a statutory merger that becomes effective
either prior to January 1, 1991 or on or prior to the last day
of the third month immediately preceding the surviving corporation's
anniversary month in 1991, the amount represented in this State
shall be that proportion of its paid- in capital that the
sum of (1) the value of its property located in this State and
(2) the gross amount of business transacted by it at or from
places of business in this State bears to the sum of (1) the
value of all of its property, wherever located, and (2) the gross
amount of its business, wherever transacted.
(e)
The proportion represented in this State of the paid- in
capital of a foreign corporation shall be determined from information
contained in the latest annual report of the corporation on file
on the date the particular increase in paid- in capital
is shown to have been made, or, if no annual report was on file
on the date of the increase, from information contained in the
application of the corporation for authority to transact business
in this State, or, in case of a merger that becomes effective
either prior to January 1, 1991 or on or prior to the last day
of the third month immediately preceding the surviving corporation's
anniversary month in 1991, from information contained in the
report of the surviving corporation of the amount of its paid- in
capital following the merger.
(f)
No basis under this Section may consist of any redeemable preference
shares sold to the United States Secretary of Transportation
under Sections 505 and 506 of Public Law 94- 210.
(Source: P.A.
92- 33, eff. 7- 1- 01.)
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(805
ILCS 5/15.60) (from Ch. 32, par. 15.60)
Sec.
15.60. Rate of license fees payable by foreign corporations.
The initial license fee and all additional license fees payable
by a foreign corporation shall be computed at the rate of one- twentieth
of one per cent of the basis prescribed in this Act for the computation
of the initial license fee and additional license fees, respectively,
but the initial license fee shall not be less than 50 cents.
(Source: P.A.
83- 1025.)
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(805
ILCS 5/15.65) (from Ch. 32, par. 15.65)
Sec.
15.65. Franchise taxes payable by foreign corporations. For the
privilege of exercising its authority to transact such business
in this State as set out in its application therefor or any amendment
thereto, each foreign corporation shall pay to the Secretary
of State the following franchise taxes, computed on the basis,
at the rates and for the periods prescribed in this Act:
(a)
An initial franchise tax at the time of filing its application
for authority to transact business in this State.
(b)
An additional franchise tax at the time of filing (1) a report
of the issuance of additional shares, or (2) a report of an increase
in paid- in capital without the issuance of shares, or (3)
a report of cumulative changes in paid- in capital or a
report of an exchange or reclassification of shares, whenever
any such report discloses an increase in its paid- in capital
over the amount thereof last reported in any document, other
than an annual report, interim annual report or final transition
annual report, required by this Act to be filed in the office
of the Secretary of State.
(c)
Whenever the corporation shall be a party to a statutory merger
and shall be the surviving corporation, an additional franchise
tax at the time of filing its report following merger, if such
report discloses that the amount represented in this State of
its paid- in capital immediately after the merger is greater
than the aggregate of the amounts represented in this State of
the paid- in capital of such of the merged corporations
as were authorized to transact business in this State at the
time of the merger, as last reported by them in any documents,
other than annual reports, required b | |