Fill a Valid Illinois Statement Of Change Template

Illinois Statement Of Change - Usage Guidelines

Filling out an Illinois Statement of Change form is a straightforward process designed to update the state records regarding your Limited Liability Company's (LLC) registered agent and/or office. Whether you're appointing a new registered agent, moving to a new office, or both, this step is crucial for ensuring compliance and maintaining the legal protection that an LLC structure provides. The goal here is to communicate these changes to the Illinois Secretary of State, ensuring that your business remains in good standing. Here's how to tackle this form:

1. Start by obtaining the form, either through the Illinois Secretary of State's website or by visiting their office. The form you are looking for is LLC-1.36/1.37, updated in August 2018.
2. Clearly type or print the name of your Limited Liability Company as it currently appears on the records with the Secretary of State.
3. Under item 2, fill in the current name and address of your registered agent and office as they are listed in the state records. This includes the agent's first, middle, and last names, and the full address of the registered office (a P.O. Box alone is not acceptable).
4. In item 3, specify the new name and address of the registered agent and/or the new address of the registered office. Again, the full street address is required and must be identical to the business office address of the registered agent, if applicable.
5. Confirm that the address of the registered office and the business office of the registered agent are identical by marking item 4 accordingly.
6. Indicate who authorized the change in item 5 by checking the appropriate box. This could be either the members or manager of the LLC or the registered agent (if the change is limited to the office address).
7. Sign and date the form, providing your name and title in the space provided. Ensure that this information is both printed and signed as per the instructions.
8. Review the form to ensure that all information is accurate and complete. Any mistakes could delay processing or invalidate your submission.
9. Prepare a check for the filing fee of $25, made payable to the Secretary of saying. Note that if the check is returned for any reason, the filing will be voided.
10. Mail the completed form, along with your payment, to the Department of Business Services, 501 S. Second St., Rm. 351, Springfield, IL 62756. Alternatively, you can deliver it in person if you prefer.

After submitting the form, the changes should be processed, updating the state's records for your LLC. It's important to make these updates in a timely manner to avoid potential penalties and ensure that your LLC can receive official correspondences and legal notices. Remember, keeping your registered agent and office information current is part of maintaining your LLC's legal defenses and operational integrity.

1. What is the Illinois Statement of Change form?

The Illinois Statement of Change form, identified as Form LLC-1.36/1.37, is a document used by limited liability companies (LLCs) to officially record changes regarding the company's registered agent or the address of the registered office. This form is filed with the Illinois Secretary of State, Department of Business Services. Through this form, an LLC can update the details of its registered agent and/or the location of its registered office as they appear in the records of the Secretary of State.

2. How can the Illinois Statement of Change form be submitted and what is the filing fee?

Submission of the Illinois Statement of Change can be made either by mail or in person. When submitting, the form should be completed legibly, with all requested information accurately filled in. It must be accompanied by a filing fee of $25, payable to the Secretary of State. Companies are advised to make payments via check. Should the provided check be returned for any reason, such as insufficient funds, the filing will be considered void.

3. What happens if an LLC fails to appoint and maintain a registered agent?

If an LLC does not appoint or maintain a registered agent within 60 days of receiving a notification from the Secretary of State about the resignation of their previous agent, a penalty is imposed. The imposed penalty is $100, as noted in the form's instructions. The registered agent acts as the company's official point of contact for legal documents and government communications, making it crucial for an LLC to promptly address any changes regarding this position.

4. Are there any specific requirements for the registered agent or office?

Yes, the Illinois Statement of Change form outlines specific requirements for the registered agent and the registered office. The registered agent must be a resident of Illinois. In cases where a business entity is acting as the registered agent, it must be registered with the Secretary of State. Importantly, an LLC cannot serve as its own registered agent. Regarding the registered office, it must include a physical street or road address; P.O. Boxes are not acceptable, though a Post Office Box plus the ZIP+4 can be added to a valid physical address. The address of the registered office must match the business office address of the registered agent, ensuring they are identical. Limitations also apply to the address character count, with a max of 30 characters, spaces included. For address formatting, it's recommended to consult USPS.com for guidance.

1. Failing to type or print clearly can lead to misunderstandings or processing delays. It's crucial to ensure that all information is legible.

2. Not including the complete name and address of the registered agent and registered office as they currently appear in the records before the change can cause confusion. Consistency between documents helps maintain accurate records.

3. Forgetting to specify the new name and address of the registered agent and/or registered office after the change overlooks the form's primary purpose. This information must be complete and accurate.

4. Using a P.O. Box alone as the address is unacceptable. The registered office must include a physical street or road address.

5. Not ensuring that the address of the registered office and the business office address of the registered agent, as changed, are identical can lead to discrepancies that may invalidate the change request.

6. Omitting the authorization of the change whether by members, a manager, or the registered agent itself. Authorization is necessary to validate the change.

7. Forgetting to sign the form or provide a signature, name, and title under penalties of perjury. This affirmation is critical to the form's validity.

8. Missing the payment of the filing fee or providing a check that gets returned. The submission is invalid without the accompanying fee, and a returned check can void the filing.

Additionally, there are notes commonly overlooked that can lead to further issues:

• Note 1: Ignoring the potential $100 penalty applicable if the LLC fails to appoint and maintain a registered agent within 60 days of notification from the Secretary of State about the resigning agent.

• Note 2: Choosing a registered agent who does not reside in Illinois or is not a business entity registered with the Secretary of State. The LLC itself cannot act as its own registered agent.

• Note 3: Failing to consult USPS.com for address formatting and abbreviations, leading to an incorrect or improperly formatted address within the 30-character limit, including spaces.

By paying attention to these common mistakes and notes, you can ensure a smooth and successful submission of the Illinois Statement of Change form for your LLC.

When managing or amending the details of a Limited Liability Company (LLC) in Illinois, the Illinois Statement of Change Form (LLC-1.36/1.37) is a crucial document utilized to update the registered agent and/or the office address with the Secretary of State. However, this process often requires other forms and documents to ensure compliance and thorough record maintenance. Below is a list of documents that are frequently used alongside the Statement of Change form.

• Articles of Organization (LLC-5.5): This is the foundational document used to establish an LLC in Illinois. It outlines the basic details of the company such as the LLC name, purpose, duration, and the names and addresses of its members. When an LLC undergoes significant changes, like a change in registered agent or office, referencing the Articles of Organization can ensure consistency across all state records.
• Annual Report (LLC-50.1): Illinois LLCs are required to file an annual report with the Secretary of State, which updates the state on the company's management structure, address, and registered agent. If these details have changed, it is often done in tandem with the filing of a Statement of Change form to keep all records up to date.
• Amendment to Articles of Organization (LLC-5.25): If the change in registered agent or registered office address reflects a more significant change within the company, an Amendment to Articles of Organization may be necessary. This form officially records changes to the company's organizational structure or operations beyond the registered agent and office address.
• Application for Resignation of Agent (LLC-1.36/1.40): Before a Statement of Change Form is filed due to a change in registered agents, the outgoing agent must formally resign. This application is the official means for a registered agent to resign their position, prompting the need for an LLC to file a Statement of Change form subsequently.

Filing the Illinois Statement of Change Form accurately and the associated documents help ensure that an LLC remains in good standing with the state. These documents together reflect the most current and accurate information about the LLC, which is essential for legal, tax, and correspondence purposes. It's important for LLC members or managers to familiarize themselves with these documents and the filing process as part of effective business management.

The Illinois Statement of Change form, recognized officially as Form LLC-1.36/1.37, mirrors several other crucial documents in both purpose and structure aimed at facilitating organizational amendments. While the form specifically addresses modifications related to a registered agent or office within the state of Illinois, its parallels are evident in documents such as the Statement of Information forms used in other states and the Articles of Amendment forms. These similarities unfold through their shared goal of maintaining current and accurate public records for business entities.

Statement of Information forms, often required on an annual or biennial basis by various states, share a common thread with Illinois’ Statement of Change. Like the Illinois form, Statements of Information collect and update essential data about a business, including the identity and address of the registered agent, the address of the principal office, and the names of directors or managers. The primary objective of both forms is to keep the state informed about key aspects of a business to ensure proper and transparent functioning within the legal framework. Each serves as a significant tool for compliance, facilitating communication and legal documentation between the state and businesses.

Articles of Amendment also embody notable similarities to the Illinois Statement of Change form. Typically used to record significant alterations to a company’s structure or operations, Articles of Amendment may include changes similar to those reported on the Illinois form, such as modifications to the registered agent or office location. However, the scope of Articles of Amendment is broader, encompassing any amendment to the company’s founding documents, including changes in the company name, purpose, or capital structure. Despite these differences, both documents are integral to ensuring that a business’s public records reflect its current status and operative details.

Things You Should Do When Filling Out the Illinois Statement Of Change Form

1. Ensure all information is typed or printed clearly to prevent misunderstandings or processing delays.
2. Double-check the name and address of the registered agent and the office before and after the change to make sure they match official records and comply with Illinois state requirements.
3. Verify that the registered office address includes a street or road address, as P.O. Boxes alone are unacceptable, and adhere to the 30 character limit including spaces.
4. Confirm that the address of the registered office is identical to the business office of the registered agent after the change, as required.
5. Ensure that the form is authorized by the appropriate party, whether it is the members, the manager, or the registered agent, by checking the correct box.
6. Sign the form and affirm, under penalties of perjury, that the information provided is true, correct, and complete.
7. Prepare the filing fee of $25, making the check payable to Secretary of State, and be aware of the $100 penalty for failing to appoint and maintain a registered agent within the specified timeframe.

Things You Shouldn't Do When Filling Out the Illinois Statement Of Change Form

• Don't leave any required fields blank or provide partial information, as this can lead to the rejection of the form.
• Don't use a P.O. Box as the sole address for the registered office; it must be a physical street or road address.
• Don't forget to check that the registered agent you are appointing resides in Illinois or, if a business entity, is registered with the Secretary of State, as non-compliance could invalidate the form.
• Don't use abbreviations or shortened forms of addresses that have not been verified or are not recognized by USPS.com, as this could cause issues with the validity of the provided address.
• Don't overlook the importance of checking the appropriate authorization box to indicate who is authorizing the changes to ensure the form is processed accurately.
• Don't neglect to sign the form, as an unsigned form will not be processed.
• Don't submit the form without the correct filing fee or with an incorrect payment method, as this will result in processing delays or additional penalties.

• One common misconception is that the form can only be submitted with a payment via check. While the form states that payment may be made by check payable to the Secretary of State, it doesn't exclude other forms of payment that the Secretary of State's office may accept, such as credit cards or online payments. It is important to check the current accepted payment methods directly with the Secretary of State’s office.

• Another misconception is that the Statement of Change form is only for changing the registered agent's information. While the form is used to report changes to the registered agent or the registered office address, it's crucial to understand it can also be used to simultaneously change both the agent and the office address, as indicated in sections 2 and 3 of the form. The form is versatile and can accommodate multiple changes in one submission.

• Many believe that the $25 filing fee is the only cost associated with submitting the Statement of Change form. However, the notes section clearly specifies a $100 penalty if a limited liability company fails to appoint and maintain a registered agent within 60 days of notification by the resigning agent. This point underscores the importance of not only submitting the form on time but also ensuring that all information about the registered agent and office is current and accurate to avoid additional fees.

• There's also a misconception that a post office box alone is acceptable as the address for the registered office. According to the instructions on the form, a P.O. Box alone is unacceptable. The registered office must include the number and the street or road address. A P.O. Box may be added to the physical address but cannot replace it. This requirement ensures that there is a physical location associated with the registered office for legal and official correspondence.

When it comes to maintaining compliance with the Illinois Secretary of State, Limited Liability Companies (LLCs) must ensure that all changes in the registered agent or registered office are formally updated using the Illinois Statement of Change form. Understanding the essential aspects of this form is crucial for accurate filing and adherence to state regulations. Here are seven key takeaways to assist with the filling out and use of the Illinois Statement of Change form:

• It is mandatory to type or print clearly when completing the form to avoid any misunderstandings or processing delays due to illegible information.
• The filing fee for the Statement of Change is $25, which should be made payable to the Secretary of State. It is important to note that if the payment is returned for any reason, the filing will be considered void.
• If an LLC fails to appoint and maintain a registered agent within 60 days following the resignation of the previous agent, a $100 penalty will be applied. This emphasizes the importance of timely addressing changes in registered agents or registered office addresses.
• The registered agent chosen must have a physical residence in Illinois or, if a business entity, must be registered with the Illinois Secretary of State. An LLC cannot serve as its own registered agent, highlighting the need for a distinct and qualified representative.
• The form requires that the address of the registered office and the business office of the registered agent, post-change, be identical. This ensures a single, consistent location for legal and official correspondence.
• Changes to the registered agent or office must be authorized either by the LLC's members or manager with the authority to effect such changes or, in the case of changing only the registered office address, by the registered agent themselves.
• Accuracy and truthfulness are crucial when completing the form, as the signer affirms under penalty of perjury that the information provided is complete, true, and correct. This underscores the legal responsibility involved in submitting the Statement of Change.

Each point outlined above plays a pivotal role in ensuring that the process of updating an LLC's registered agent or office in Illinois is conducted smoothly and in compliance with state requirements. Staying informed and attentive to these details can help avoid processing delays, potential penalties, and issues with the state's compliance requirements.