Ill. Admin. Code tit. 14 § 150.510

Current through Register Vol. 48, No. 49, December 6, 2024

Section 150.510 - Manner of Service

a) Any process, notice or demand to be served under this Part shall be made upon the Secretary of State, or the Director of the Department of Business Services, or any employee of the Department designated by the Director to accept such service for him or her, in the following manner:

1) Service shall comply with the provisions of the Civil Practice Law in all respects (Ill. Rev. Stat. 1991, ch. 110, pars. 2-201 and 2-212) [735 ILCS 5/2-201 and 2 -212], the Federal Rules of Civil Procedure (28 USCA) or any administrative rules of service, as may be appropriate.

2) The affidavit of compliance required by Section 5.25 of the Business Corporation Act of 1983 to be appended to the process, notice or demand to be served, containing the information described in subsection (b) herein, shall be signed by the person instituting the action, suit or proceeding or by an attorney of record and the signature of the affiant, without more, shall constitute the affirmation or acknowledgment, under penalties of perjury, that the affidavit is the act or deed of the affiant and that the facts stated therein are true.

b) The affidavit of compliance shall state:

1) the title of the court or administrative agency;

2) the title of the case, showing the names of the first named plaintiff and the first named defendant;

3) the number of the case;

4) the title of the instrument;

5) the name of the corporation to be served;

6) the basis for service on the Secretary of State;

7) the address to which the instrument is to be sent (by registered or certified mail) by the affiant;

8) the name, address and telephone number of the attorney of record for the plaintiff or other affiant.

c) The service of process in lawsuits against corporations is governed by Section 5.25 of the Business Corporation Act of 1983 (Ill. Rev. Stat. 1991, ch. 32, par. 5.25) [805 ILCS 5/5.25] .

Ill. Admin. Code tit. 14, § 150.510

Amended at 17 Ill. Reg. 11571, effective July 15, 1993