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(805
ILCS 5/Art. 16 heading)
ARTICLE 16. PENALTIES
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(805
ILCS 5/16.05) (from Ch. 32, par. 16.05)
Sec.
16.05. Penalties and interest imposed upon corporations.
(a)
Each corporation, domestic or foreign, that fails or refuses
to file any annual report or report of cumulative changes in
paid- in capital and pay any franchise tax due pursuant
to the report prior to the first day of its anniversary month
or, in the case of a corporation which has established an extended
filing month, the extended filing month of the corporation shall
pay a penalty of 10% of the amount of any delinquent franchise
tax due for the report.
(b)
Each corporation, domestic or foreign, that fails or refuses
to file a report of issuance of shares or increase in paid- in
capital within the time prescribed by this Act is subject to
a penalty on any obligation occurring prior to January 1, 1991,
and interest on those obligations on or after January 1, 1991,
for each calendar month or part of month that it is delinquent
in the amount of 1% of the amount of license fees and franchise
taxes provided by this Act to be paid on account of the issuance
of shares or increase in paid- in capital.
(c)
Each corporation, domestic or foreign, that fails or refuses
to file a report of cumulative changes in paid- in capital
or report following merger within the time prescribed by this
Act is subject to interest on or after January 1, 1992, for each
calendar month or part of month that it is delinquent, in the
amount of 1% of the amount of franchise taxes provided by this
Act to be paid on account of the issuance of shares or increase
in paid- in capital disclosed on the report of cumulative
changes in paid- in capital or report following merger,
or $1, whichever is greater.
(d)
If the annual franchise tax, or the supplemental annual franchise
tax for any 12- month period commencing July 1, 1968, or
July 1 of any subsequent year through June 30, 1983, assessed
in accordance with this Act, is not paid by July 31, it is delinquent,
and there is added a penalty prior to January 1, 1991, and interest
on and after January 1, 1991, of 1% for each month or part of
month that it is delinquent commencing with the month of August,
or $1, whichever is greater.
(e)
If the supplemental annual franchise tax assessed in accordance
with the provisions of this Act for the 12- month period
commencing July 1, 1967, is not paid by September 30, 1967, it
is delinquent, and there is added a penalty prior to January
1, 1991, and interest on and after January 1, 1991, of 1% for
each month or part of month that it is delinquent commencing
with the month of October, 1967.
(f)
If any annual franchise tax for any period beginning on or after
July 1, 1983, is not paid by the time period herein prescribed,
it is delinquent and there is added a penalty prior to January
1, 1991, and interest on and after January 1, 1991, of 1% for
each month or part of a month that it is delinquent commencing
with the anniversary month or in the case of a corporation that
has established an extended filing month, the extended filing
month, or $1, whichever is greater.
(g)
Any corporation, domestic or foreign, failing to pay the prescribed
fee for assumed corporate name renewal when due and payable shall
be given notice of nonpayment by the Secretary of State by regular
mail; and if the fee together with a penalty fee of $5 is not
paid within 90 days after the notice is mailed, the right to
use the assumed name shall cease.
(h)
Any corporation which (i) puts forth
any sign or advertisement, assuming any name other than that
by which it is incorporated or otherwise authorized by law to
act or (ii) violates Section 3.25, shall be guilty of a Class
C misdemeanor and shall be deemed guilty of an additional offense
for each day it shall continue to so offend.
(i) Each corporation, domestic or foreign, that fails or
refuses (1) to file in the office of the recorder within the
time prescribed by this Act any document required by this Act
to be so filed, or (2) to answer truthfully and fully within
the time prescribed by this Act interrogatories propounded by
the Secretary of State in accordance with this Act, or (3) to
perform any other act required by this Act to be performed by
the corporation, is guilty of a Class C misdemeanor.
(j)
Each corporation that fails or refuses to file articles of revocation
of dissolution within the time prescribed by this Act is subject
to a penalty for each calendar month or part of the month that
it is delinquent in the amount of $50.
(Source: P.A.
91- 464, eff. 1- 1- 00;
91- 906, eff. 1- 1- 01.)
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(805
ILCS 5/16.10) (from Ch. 32, par. 16.10)
Sec.
16.10. Penalties imposed upon officers and directors. Each officer
and director of a corporation, domestic or foreign, who fails
or refuses within the time prescribed by this Act to answer truthfully
and fully interrogatories propounded to him or her by the Secretary
of State in accordance with the provisions of this Act, or who
signs any report or statement filed with the Secretary of State
which is known to such officer or director to be false in any
material statement or representation, commits a Class C misdemeanor.
(Source: P.A.
84- 924.)
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