Illinois Administrative Code

Section 171.30 Applicability The provisions of this Part shall be applicable to all limited partnerships and limited liability limited partnerships that are or that will or may become subject to the provisions of the Uniform Limited Partnership Act (2001). (Source: Added at 32 Il…

Section 171.35 Filing Location a) All documents required to be filed with the Secretary of State pursuant to the ULPA shall be filed with the Department. b) Documents submitted for filing in Springfield, the Department's headquarters, shall be filed at the following address: Depa…

Section 171.40 Business Hours The Department of Business Services business hours are 8:00 a.m. to 4:30 p.m. in Springfield, Monday through Friday, except holidays. (Source: Added at 32 Ill. Reg. 346, effective January 7, 2008)

Section 171.45 Filing Requirements a) All entities, other than natural persons, serving as general partners in limited partnerships must provide evidence of existence upon request of the Secretary of State. The evidence shall be provided in the formats set forth in this subsectio…

Section 171.50 Additional Requirements for Forms a) All documents required by the ULPA to be filed in the Office of the Secretary of State shall be made on the most recent version of forms prescribed and furnished by the Secretary of State. Fees for the forms can be found at 805 …

Section 171.55 Payment of Fees All payments of fees with respect to the filing of certificates of limited partnership or limited liability limited partnership (domestic) and certificates of admission (foreign) shall be by money order, certified check, cashier's check, or a check …

Section 171.60 Sale of Information a) Information concerning any limited partnership or limited liability limited partnership shall be available to the public from the Department of Business Services upon written request, or by telephone or in person, or, if technology is availab…

Section 171.65 Refunds Refunds for overpayments exceeding $5 shall be paid by the Department upon request. (Source: Added at 32 Ill. Reg. 346, effective January 7, 2008)

Section 171.70 Service of Process a) For the purposes of the ULPA, the procedures set forth in this Section shall apply. b) Any process, notice or demand to be served under this Part shall be made upon the Secretary, or the Director, or any employee of the Department designated b…

Section 171.75 Interrogatories a) The Secretary of State may propound to any limited partnership or limited liability limited partnership subject to the provisions of the ULPA, and to any partner, such interrogatories as may be reasonably necessary and proper to enable the Secret…

Section 171.80 Right to Counsel a) Hearing procedures will be governed by 14 Ill. Adm. Code 150, Subpart A. b) Any party may appear and be heard through an attorney at law licensed to practice in the State of Illinois. 1) Attorneys admitted to practice in states other than the St…

Section 171.85 New Practices and Technologies The Secretary of State is authorized to accept and file electronically submitted ULPA documents and to store, view and retrieve all ULPA documents and correspondence by means of an electronic storage system. (Source: Added at 32 Ill. …

Section 171.90 Extension of Filing 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 C…

Section 175.10 Filing with the Secretary of State All documents required to be filed with the Secretary of State for the Illinois Union Label Act (P.A. 84-517, effective January 1, 1986) shall be filed with the Department of Business Services, Room 300, Centennial Building, Sprin…

Section 175.20 Requirements for Filing a) The ten dollar ($10.00) registration fee required by P.A. 84-517 shall be payable in cash, by money order, certified check, union check, or personal check. No application filed pursuant to P.A. 84-517 shall be accepted and filed without t…

Section 176.10 Definitions For purposes of this Section, all words and terms shall have the same meanings as set forth in 5 ILCS 312/1-104: "Act" means The Illinois Notary Public Act. [5 ILCS 312] "ARDC" means the Illinois Attorney Registration and Discipline Commission. "Biometr…

Section 176.100 Appointment and Reappointment of Notaries Public a) Every applicant for an initial appointment or reappointment as a notary public must present satisfactory evidence of the applicant’s identity as set forth in the Act at 5 ILCS 312/2-102. b) Before issuance of an …

Section 176.1000 Definitions "Act" means the Illinois Notary Public Act [5 ILCS 312]. "Contested case" means an adjudicatory proceeding conducted by the Department of Administrative Hearings in which the individual legal rights, duties, or privileges of a party are required by la…

Section 176.1005 Right to Counsel a) Attorneys Must be Licensed or 711 Students. Any party may appear and be heard through an attorney at law licensed to practice in the State of Illinois, or any law student licensed under Supreme Court Rule 711, in any hearing in any matter invo…

Section 176.1010 Appearance of Attorney An attorney appearing in a representative capacity shall file a written notice of appearance with the Department of Administrative Hearings office where the formal hearing is requested or pending, providing a name, address, email address, w…

Section 176.1020 Special Appearance Before filing any other pleading or motion, a special appearance may be made either in person or by an attorney for the limited purpose of objecting to jurisdiction. Every appearance not expressly designated a special appearance will be conside…

Section 176.1030 Substitution of Parties A hearing officer shall, upon motion, rule on a request for the substitution of parties in cases in which a party has died, resigned, been moved, or otherwise succeeded to the interest of a previously named party. (Source: Added at 47 Ill.…

Section 176.1040 Commencement of Actions − Notice of Hearing a) Notice of Hearing. A contested case is begun when the Office of the Secretary, upon either the written request of the petitioner or its own initiative, serves a Notice of Hearing upon the respondent. "Written request…

Section 176.1050 Motions a) Form of Motions. All motions must be made in writing and must set forth the relief or order sought and must be filed with the Department of Administrative Hearings at the earliest time to be considered by the hearing officer. Motions may be hand delive…

Section 176.1060 Form of Documents Filed − Original Documents Required a) Form of Papers 1) All papers filed in any proceeding must: A) be clearly written or typewritten; B) contain a caption showing the title of the proceeding with a case number: C) be signed or verified by the …

Section 176.1070 Conduct of Formal Hearings a) All hearings conducted in any proceeding will be open to the public. b) Every hearing will be presided over by a hearing officer duly appointed by the Secretary. The hearing officer will have the authority to conduct the hearing, rul…

Section 176.1080 Orders, Notifications, and Time Limits on Obtaining Relief a) The Department shall prepare a written order for all final determinations, which shall include the Findings of Fact, Conclusions of Law, Recommendations of the hearing officer, and the Order of the Sec…

Section 176.1090 Record of Hearings a) The record of the hearing in a contested case shall include: 1) All pleadings (including all pre-hearing and post-hearing notices and responses thereto, admissions, stipulations of facts, motions, and rulings thereon); 2) All documentary evi…

Section 176.1095 Invalidity If any portion of this Subpart shall be held by a court of competent jurisdiction to be invalid, that holding shall not affect the remaining portions. (Source: Added at 47 Ill. Reg. 8640, effective June 5, 2023)

Section 176.11 Record Contents, Request Procedures, and Fees a) The Secretary maintains Illinois Notary Public appointment records in its computer database. The computer records contain the notary's name, address, city, state, zip code, county, commission number, and the date the…

Section 176.110 Term of Commission The term of a notary public or electronic notary public commission begins on the date that the notary is commissioned by the Secretary of State and not the date the bond was obtained. The electronic notary public commission, if any, will have th…

Section 176.120 Requirements to Qualify as a Resident of the State of Illinois An applicant must be a resident of the State of Illinois pursuant to 5 ILCS 312/2-101 before applying for a notary public or electronic notary public commission, unless applying for a nonresident appli…

Section 176.130 Nonresident Application for Appointment The form in Illustration A must be used by an applicant for notary public who resides in a state bordering Illinois whose place of work or business is within a county in Illinois, but only if the laws of the applicant's stat…

Section 176.200 Definitions Unless otherwise noted, the following definitions apply to this Subpart only: "Applicant" means a person or entity applying for certification as a notary public course of study provider and examination provider. "Certification" means a document issued …

Section 176.205 Course of Study and Examination a) Beginning January 1, 2024, applicants seeking a commission as either a notary public or an electronic notary public must first successfully complete a course of study and acquire a passing score on the examination, as required by…

Section 176.210 Course of Study and Examination − Provider Certification Required a) No person, firm, association, partnership, or corporation may operate as a provider or engage in the business of providing a notary public course of study and examination unless the provider hold…

Section 176.215 Applicants’ and Providers’ Requirements for Notary Public Course of Study and Examination a) The Secretary will deny, suspend, or revoke a provider certification when: 1) The Secretary determines that the applicant/provider is not of good moral character. In deter…

Section 176.220 Notary Public Course of Study and Examination − Provider Names a) No provider may adopt, use or conduct any business under a name that is not distinguishable upon the records of the Department from a name used by another provider, as distinguishable is defined in …

Section 176.225 Notary Public Course of Study and Examination − Required Instruction and Content a) Providers must provide 3 hours of notary public instruction in accordance with the course content requirements set forth in subsection (e) in addition to the following requirements…

Section 176.230 Notary Public Course of Study and Examination − Student Contracts a) Before instruction begins and any fees are collected, each student shall be informed of the amount of all fees or charges relative to the notary public course of study, including but not limited …

Section 176.235 Course Provider Verification of Student Identity and Course Completion a) Before being certified, providers must submit procedures to the Secretary of State for verifying the identity of the student taking the course, which may include, but are not limited to, the…

Section 176.240 Notary Public Course of Study − Provider Website and Security Requirements a) Each provider’s website must display the following information on its homepage: 1) the provider’s Secretary of State certification number; and 2) a statement that complaints regarding th…

Section 176.245 Enforcement a) Duty to Respond to the Secretary of State’s Written Request. Any person or entity providing courses of study or examinations must respond in writing within 10 business days of receiving a written request from the Secretary of State for any informati…

Section 176.250 Hearings a) Before denying the certification of an applicant or existing provider, the Department will send written notice to the provider. If a formal hearing is requested in writing under 92 Ill. Adm. Code 1001.Subpart A, the denial shall stand pending the outco…

Section 176.255 Denial, Suspension, and Revocation of a Notary Public Course of Study and Examination Provider Certification The Department may revoke the certification of a course of study when the Department finds that a course of study or a course provider has failed to comply…

Section 176.300 Application for Notary Public and Electronic Notary Public Commissions a) Applications for a traditional notary public commission. All individuals applying for a traditional notary public commission shall use the application prescribed by the Secretary of State an…

Section 176.310 Approval of Application, Authority of Secretary of State to Deny Commission, and Effective Date of Commission a) If an applicant who is applying for an electronic notary public commission satisfies all of the requirements for such a commission pursuant to this Par…

Section 176.320 Appointment Fee a) No commission will be issued until the fee required by 5 ILCS 312/2-103 has been paid in full. b) Authority of the Secretary of State to deny or revoke commission if payment is dishonored or stopped. If any method of payment submitted by an appl…

Section 176.330 Oath a) Notaries public and electronic notaries public must file an oath of office with the Secretary of State, affirming the notary’s or electronic notary's intent to follow the laws and constitutions of the United States of America and the State of Illinois. b) …

Section 176.340 Bond a) Applicants for a notary public commission or electronic notary public commission must indicate at the time of application whether the applicant will perform only traditional in-person notarizations or remote notarizations. b) An applicant for a notary publ…