The following procedure for substitute service of process upon
the Secretary of State shall apply for the specific statute cited. The specific
department of the Office of the Secretary of State stated in this Section shall
receive the service of process and retain the records of the service in
accordance with the applicable statutes and rules. Nothing in this Section or
Section
552.20
shall affect in any way any substantive or procedural rights granted by the
statutes referred to in this Section. Any service of process sent to the
incorrect department within the Office of the Secretary of State shall be sent
by that department's staff to the correct department as designated by this
Section and Section 552.20. These Sections are intended only to allocate the
responsibilities for the receipt and storage of service of process within the
Office of the Secretary of State.
a) In
cases involving the sale of securities, service of process upon the Secretary
of State under Section 10 of the Illinois Securities Law of 1953 [815 ILCS 5 ]
shall be made in accordance with 14 Ill. Adm. Code
130.120 and
delivered to the Office of the General Counsel, 100 W. Randolph Street, Suite
5-400, Chicago, Illinois 60601.
b)
In cases involving corporations under the Business Corporation Act of 1983 [805
ILCS 5 ], the General Not For Profit Corporation Act of 1986 [805 ILCS 105 ],
the Limited Liability Company Act [805 ILCS 180 ], the Uniform Partnership Act
(1997) [805 ILCS 206 ], the Uniform Limited Partnership Act (2001) [805 ILCS
215 ], or Section 4-3 of the Corporate Fiduciary Act [205 ILCS 620 ], service
of process upon the Secretary of State shall be made in accordance with 14 Ill.
Adm. Code
150, Subpart E, 14 Ill. Adm. Code
160.17, 14
Ill. Adm. Code
178.50, 14
Ill. Adm. Code
166.70, and 14
Ill. Adm. Code
171.70 and
delivered to the Business Services Department, Room 350, Howlett Building,
Springfield, Illinois 62756.
c) In
cases involving a motor vehicle collision involving a non-resident, service of
process upon the Secretary of State under Section 10-301 of the Illinois
Vehicle Code [625 ILCS 5 ] shall be delivered to the Office of the General
Counsel, Room 298, Howlett Building, Springfield, Illinois 62756 or to the
Office of the General Counsel, 100 W. Randolph Street, Suite 5-400, Chicago,
Illinois 60601. Per Section 10-301 of the Illinois Vehicle Code, an affidavit
of compliance is required for service of process on the non-resident motorist.
Further, verification of a person's non-residency in this State shall be
required, in support of the affidavit of compliance, attesting to and providing
the out-of-state address or the manner in which non-residency was
determined.
d) In cases in which
service of process upon the Secretary of State is permitted under one of the
following statutes, and in all other cases to which subsection (a), (b) or (c)
do not apply, service shall be made upon the Office of the General Counsel,
Room 298, Howlett Building, Springfield, Illinois 62756 or the Office of the
General Counsel, 100 W. Randolph Street, Suite 5-400, Chicago, Illinois 60601:
235 ILCS 5/8-14 (Liquor Control
Act of 1934)
820
ILCS 405/2208 (Unemployment Insurance Act)
215
ILCS 5/121-6 and 121 -7 (Illinois Insurance
Code)
735 ILCS
5/2-209 (Civil Practice Law (Products Liability -
$5.00 filing fee))
735 ILCS
5/2-210 (Civil Practice Law (Aircraft and Ship Owners
and Operators - $2.00 filing fee))
35
ILCS 5/1404 (Illinois Income Tax Act)
35 ILCS
105/12a (Use Tax Act)
35
ILCS 110/13 (Service Use Tax Act)
35 ILCS
115/13 (Service Occupation Tax Act)
35 ILCS
120/5i (Retailers' Occupation Tax Act)
765 ILCS
1036/15 (Trademark Registration and Protection
Act)
e) In cases involving
the Secretary of State as a party, such as any administrative review actions
contesting a rule or procedure of any Secretary of State department, any civil
rights actions and personnel action, service of process shall be made upon the
Office of the General Counsel, Room 298, Howlett Building, Springfield,
Illinois 62756 or the Office of the General Counsel, 100 W. Randolph Street,
Suite 5-400, Chicago, Illinois 60601.
f) The Secretary of State is not the default
agent for service of process in the State of Illinois. The Secretary of State
has the authority to accept service of process only in those specifically
mandated areas of the law stated in subsections (a) through (d) and as
determined by the Illinois General Assembly. Any court order issued authorizing
service of process upon the Secretary of State pursuant to Section 2-203.1 of
the Code of Civil Procedure will be rejected unless the Secretary of State has
the specific statutory authority to accept that service of process. Attempts to
serve the Secretary of State under Section 2-203.1 will be denied and service
rejected.
