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The Illinois Statement of Change form is an essential document for any limited liability company (LLC) wishing to update its registered agent or registered office. Managing a business means keeping accurate records, and sometimes changes are necessary. This form allows LLCs to officially communicate such changes to the Secretary of State. It requires important details, including the current and new names and addresses of the registered agent and office. Specifically, the form must be filled out clearly and accurately, with the correct payment submitted, usually a $25 filing fee. If a payment check bounces, the filing becomes void. Additionally, the authority for the change must be established, either by the members or manager of the LLC or by the registered agent themselves. It's crucial to note that the registered agent must reside in Illinois. Moreover, the registered office cannot just be a P.O. Box; it has to be a physical address. If these stipulations are not followed, companies could face penalties. Overall, completing the Illinois Statement of Change form correctly ensures that companies stay compliant with state regulations, allowing them to focus on their core business activities.

Illinois Statement Of Change Example

Form LLC-1.36/1.37

 

Illinois

This

Print

 

Reset

 

 

space for use by Secretary of State.

 

August 2018

Limited Liability Company Act

 

FILE #

 

 

 

 

 

 

 

 

 

 

Secretary of State

Statement of Change of Registered

 

 

 

 

 

Limited Liability Division

Agent and/or Registered Office

 

 

 

 

 

Department of Business Services

 

 

 

 

 

 

 

 

 

501 S. Second St., Rm. 351

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Springfield, IL 62756

 

Type or print clearly.

 

 

 

 

 

 

 

217-524-8008

 

 

 

 

 

 

 

 

www.cyberdriveillinois.com

This space for use by Secretary of State.

 

 

 

 

 

Payment may be made by check

Filing Fee: $25

 

 

 

 

 

payable to Secretary of State. If check

Penalty (See Note 1 on page 2.):

 

 

 

 

 

is returned for any reason this filing

 

 

 

 

 

will be void.

Approved:

 

 

 

 

 

1.Limited Liability Company name: ____________________________________________________________________

2.Name and address of registered agent and registered office as they now appear on the records of the Office of the Secre- tary of State (before change):

Registered agent:

________________________________________________________________________________

Registered office:

First Name

 

Middle Name

Last Name

 

________________________________________________________________________________

 

 

 

Number

Street

Suite No. (P.O. Box alone is unacceptable)

 

 

 

 

 

 

 

IL

 

 

 

 

________________________________________________________________________________

 

 

 

City

 

 

 

ZIP

3. Name and address of registered agent and registered office shall be (after change):

 

 

Registered agent:

________________________________________________________________________________

(See Notes)

First Name

 

Middle Name

Last Name

 

Registered office:

________________________________________________________________________________

(See Notes)

Number

Street

Suite No. (P.O. Box alone is unacceptable)

 

 

 

 

 

 

 

IL

 

 

 

 

________________________________________________________________________________

 

 

 

City

 

 

 

ZIP

4. The address of the registered office and the address of the business office of the registered agent, as changed, will be

identical.

 

 

 

 

 

5. The above change was authorized by: (check one box only)

 

 

a.

n

the members or manager, having authority to change the registered agent, registered office address or both.

b.

n

the registered agent, who is changing only the registered office address.

 

 

6. The undersigned affirms, under penalties of perjury, having authority to sign hereto, that this statement of change of reg- istered agent and/or registered office is to the best of my knowledge and belief, true, correct and complete.

Dated: _______________________________, ________________

Month/DayYear

________________________________________________________

Signature

________________________________________________________

Name and Title (type or print)

________________________________________________________

If applicant is signing for a company or other entity, state name of company or entity.

Printed by authority of the State of Illinois. October 2019 — 1 — LLC 36.8

LLC-1.36/1.37

NOTES

1. A $100 penalty applies when the limited liability company fails to appoint and maintain a registered agent within 60 days of notification of the Secretary of State by the resigning agent.

2. The registered agent must reside in Illinois. A business entity acting as agent must be registered with the Secretary of State. The LLC may not act as its own registered agent.

3. The registered office must include the number and the street or road address (a PO Box with the plus-4 ZIP may be added to the physical address). The registered office address is limited to 30 characters including spaces. Consult USPS.com for help with address formatting and abbreviations.

File Breakdown

Fact Description
Governing Law The Illinois Statement of Change form is governed by the Limited Liability Company Act.
Form Number The official form is designated as LLC-1.36/1.37.
Filing Fee A filing fee of $25 must accompany the submission of the form.
Penalty for Late Appointment Failure to appoint and maintain a registered agent within 60 days results in a $100 penalty.
Agent Residency Requirement The registered agent must reside in Illinois; a business entity must be registered with the Secretary of State.
Address Formatting The registered office address must include both the number and street address; PO boxes alone are unacceptable.
Signature Requirement The form requires a signature affirming the truth and completeness of the information provided, under penalties of perjury.

Guide to Using Illinois Statement Of Change

After gathering the necessary information, follow these steps to fill out the Illinois Statement of Change form. Completing this form is essential for updating the registered agent or office details of your limited liability company.

  1. Write the **name** of your limited liability company at the top of the form, where indicated.
  2. Provide the **current name and address** of the registered agent and registered office. This includes the agent's full name and the office's physical address, including the city and ZIP code.
  3. Fill in the **new name and address** of the registered agent and registered office. Again, include the full name of the agent and the new physical address, ensuring that you do not use a P.O. Box alone.
  4. Confirm that the **new address of the registered office** and the business office of the registered agent will be the same.
  5. Indicate who authorized the change by checking the appropriate **box**, whether it was the members or manager, or just the registered agent.
  6. Sign and date the form. Ensure that you provide a printed version of your name and title, along with the name of the company or entity you represent, if applicable.
  7. Include the **filing fee** of $25, payable to the Secretary of State, if submitting by mail. Alternatively, follow any online submission instructions if applicable.

Once you complete the form, ensure that everything is accurate before submission. Incorrect or incomplete forms may delay the processing of your changes. Keep a copy for your records.

Get Answers on Illinois Statement Of Change

What is the Illinois Statement of Change form used for?

The Illinois Statement of Change form is utilized by limited liability companies (LLCs) to officially record changes to their registered agent or registered office. This form is crucial when an LLC decides to update any contact information or appoint a new agent responsible for receiving legal documents. Ensuring that these records are current is a requirement set forth by the Illinois Secretary of State.

What information is required to complete the form?

To properly fill out the Illinois Statement of Change form, the following information is essential:

  1. The name of the limited liability company.
  2. The current name and address of the registered agent and registered office.
  3. The new name and address of the registered agent and registered office.
  4. Authorization must be indicated, specifying who approved the change, either the members or the manager.
  5. An affirmation of the truthfulness of the information provided by the signer, typically the person representing the LLC.

Accurate completion of these sections ensures a smooth filing process.

What is the filing fee for the Statement of Change?

The filing fee for submitting the Illinois Statement of Change form is $25. Payment can typically be made by check, which should be made payable to the Secretary of State. It's important to note that if a check is returned for any reason, the filing will become void. Therefore, ensuring that the check clears is essential for the processing of the submission.

What are the penalties for not maintaining a registered agent?

If a limited liability company fails to appoint and maintain a registered agent, a penalty of $100 applies if the company does not address the situation within 60 days after being notified by the resigning agent. This requirement helps ensure that all LLCs are reachable for legal matters and maintain compliance with state regulations.

Can an LLC act as its own registered agent?

No, a limited liability company is not permitted to act as its own registered agent. The registered agent for the LLC must either be an individual who resides in Illinois or a business entity that is registered with the Secretary of State. This rule ensures that there is a reliable individual or organization designated to receive important legal documentation on behalf of the LLC.

Common mistakes

Filling out the Illinois Statement of Change form is crucial for any limited liability company (LLC) making changes to its registered agent or office address. Yet, many individuals make common mistakes that can delay processing or cause the filing to be rejected outright. Understanding these pitfalls will save you time and ensure compliance.

One frequent mistake is failing to type or print clearly. The instructions emphasize the need for clear writing, yet some people submit forms that are difficult to read. Illegible writing may lead to errors in processing, and as a result, your changes may not be recognized. Always use a neat, readable format.

Another common error is not providing the correct address for the registered office. Individuals might mistakenly list a PO Box when it clearly states that a PO Box alone is unacceptable. The registered office must include a physical address that complies with Illinois regulations.

Missing or incorrect signatures is also a significant issue. Some people forget to sign the form or fail to include the name and title in the designated area. Remember, your signature affirms that the information provided is accurate. Double-check that every section requiring a signature is complete before submission.

The form requires specifying whether the change was authorized by the members or the registered agent. People sometimes forget to check one of the boxes in section 5, which can lead to confusion or delay. Ensure you clearly mark which party authorized the change to expedite processing.

Submitting payment incorrectly is another hurdle. The filing fee is $25, and if payment is made by check, it must be payable to the Secretary of State. A wrong check or insufficient funds will void the filing. Confirm your payment details before sending in the form.

Some individuals overlook the important note regarding penalties. If a company fails to maintain a registered agent, a penalty of $100 applies. Ignoring this can lead to unexpected fees and complications, so ensure your registered agent is appropriately in place before submitting any changes.

Another mistake is failing to use abbreviations correctly in the registered office address. The form is limited to 30 characters, including spaces. Consulting USPS guidelines for address formatting can help avoid length issues and ensure that your address fits.

Lastly, people may not check the accuracy of all information before submission. Incorrect data can lead to processing delays and potential rejections. Take your time to review every detail thoroughly to ensure everything matches official records.

By being aware of these common mistakes, you can improve your chances of a smooth filing experience. Always double-check your work and ensure that all necessary information is correct and complete.

Documents used along the form

The Illinois Statement of Change form is an essential document for limited liability companies (LLCs) seeking to update their registered agent or registered office address. However, this is just one of several forms and documents commonly associated with such updates. Understanding these related documents can provide valuable clarity and ensure compliance with state regulations.

  • Articles of Organization: This document is the foundational form that establishes an LLC in Illinois. It contains vital information such as the LLC's name, its registered agent, and its purpose. Filing the Articles of Organization is the first step in forming a new LLC.
  • Operating Agreement: Though not always required, an Operating Agreement is a critical internal document that outlines the management structure, roles of members, and operational guidelines for an LLC. It helps prevent disputes among members and clarifies expectations.
  • Termination of Registered Agent: In instances where a registered agent is resigning, this document formally notifies the Secretary of State about the agent's decision to cease serving. This helps maintain accurate records and prevent any potential legal complications.
  • Consent to Serve as Registered Agent: New registered agents must provide written consent to accept this responsibility. This document affirms that the agent agrees to the terms of representing the LLC, ensuring they understand their obligations.
  • Annual Report: Once an LLC is established, it is required to file an Annual Report with the Secretary of State. This report updates the state on the LLC’s current information, including any changes to the registered agent or office address, and ensures ongoing compliance with state regulations.
  • Certificate of Good Standing: This certificate verifies that an LLC is legally registered and compliant with all state requirements. It can be requested by the LLC or a third party for purposes such as securing financing or confirming status in contractual agreements.
  • Change of Authority: If the LLC's authority structure changes, such as new managing members being appointed, this document notifies the Secretary of State of those changes. It’s crucial for maintaining accurate public records regarding who has the authority to act on behalf of the LLC.

These documents collectively contribute to maintaining the integrity and legality of an LLC's operational structure. Keeping accurate and up-to-date records not only assures compliance but also builds trust with stakeholders and the public at large.

Similar forms

  • Change of Address Form: Similar to the Statement of Change, this form is used to notify relevant authorities of a new address for a business or individual. Both documents ensure that records remain updated for communication purposes.
  • Articles of Incorporation: When forming a business, Articles of Incorporation establish the business entity. Like the Statement of Change, it requires accurate information about the business's primary details, including registered agents and office locations.
  • Certificate of Authority: This document allows a foreign corporation to operate in Illinois. It shares similarities with the Statement of Change in that it involves maintaining accurate records with the Secretary of State, particularly regarding the authorized agent.
  • Limited Liability Company Operating Agreement: This internal document outlines the management and operational structure of an LLC. While it is not filed with the state, it parallels the Statement of Change by ensuring certain fundamental information about the LLC is clearly specified.
  • Statement of Information: Used by certain types of businesses, this document provides updates on company details. Like the Statement of Change, it helps keep state records current and reflects changes in business structure or management.
  • Application for Registration of a Foreign Limited Liability Company: This application allows an out-of-state LLC to operate in Illinois. It must include information about the registered agent, similar to what is required in the Statement of Change.
  • Annual Report: Annual reports are submitted by businesses to maintain their good standing. They often include updated information about the registered agent and address, much like the Statement of Change, ensuring the state's records reflect accurate details.

Dos and Don'ts

When filling out the Illinois Statement of Change form, there are several important guidelines to follow. Here’s a clear list of what you should and shouldn’t do to ensure your submission is successful.

  • Do type or print clearly to enhance readability.
  • Do provide the complete name and address of your new registered agent, along with their registration details.
  • Do ensure the registered office address includes both the street number and name; a PO Box alone will not be accepted.
  • Do check the appropriate box that indicates who authorized the changes.
  • Do Sign the form and include your printed name and title to verify the document is legitimate.
  • Don't use a PO Box as your only address for the registered office.
  • Don't forget to pay the $25 filing fee; remember that any returned checks will result in your filing being void.
  • Don't leave out any information that may be required; incomplete forms can lead to delays or rejections.
  • Don't use abbreviations unless specified; clarity is key.
  • Don't submit the form without checking for accuracy; double-check all names, addresses, and details before sending.

Following these guidelines will help streamline the change process for your registered agent and registered office. It’s always best to be thorough and precise to avoid complications down the road.

Misconceptions

  • All LLCs must file the Statement of Change annually. This is not true. The Statement of Change needs to be filed only when there is a change in the registered agent or the registered office address, not on an annual basis.
  • A registered agent can be a business entity registered in any state. In reality, the registered agent must reside in Illinois or be a business entity that is registered with the Secretary of State in Illinois.
  • Using a P.O. Box for the registered office address is acceptable. This is misleading. The registered office must include a physical street address. Although a P.O. Box may be added, it cannot stand alone as the registered office.
  • Filing the form is free. This is incorrect. There is a filing fee of $25 that must accompany the Statement of Change. Additionally, if the check is returned, the filing becomes void.
  • The company can act as its own registered agent. This statement is false. An LLC cannot act as its own registered agent, ensuring that there is always a separate entity responsible for receiving legal documents.

Key takeaways

When filling out and using the Illinois Statement of Change form, it is important to understand several key points. Here are six essential takeaways:

  • Clarity is Key: Fill out the form using clear and legible handwriting or typing. This helps prevent any potential misunderstandings.
  • Filing Fee: A filing fee of $25 must accompany the form, payable to the Secretary of State. Ensure your check is valid to avoid complications, as a returned check will void the filing.
  • Registered Agent Requirements: The registered agent must reside in Illinois. If a business entity serves as the agent, it needs to be properly registered with the Secretary of State.
  • Avoiding Penalties: If your LLC does not appoint and maintain a registered agent within 60 days after notification, a $100 penalty is applicable.
  • Identical Addresses: The address of the new registered office and the business office of the registered agent must be the same. This is crucial in ensuring compliance.
  • Authorization Process: Make sure to indicate who authorized the change. This can either be the members or managers of the LLC or the registered agent themselves, if only the registered office address is being changed.

Following these guidelines will help ensure that your filing is successful and compliant with Illinois regulations.