§ 5-48 — Petition for refund

(a) Any domestic or foreign limited liability company having authority to transact business in this State may petition the Secretary of State for a refund of fees claimed to have been erroneously paid, subject to the following limitations: (1) No refund shall be made unless a petition for refund has been filed in accordance with Section 5-45 of this Act within 3 years after the amount to be refunded was paid. (2) If the refund claimed is based upon an instrument filed with the Secretary of State which contained a misstatement of fact, typographical error, error of transcription, or other error or defect, no refund of any fee shall be made unless a statement of correction has been filed in accordance with Section 5-47 of this Act. (b) The petition for refund shall be executed in accordance with Section 5-45 of this Act and shall set forth the following: (1) The name of the limited liability company and the state or country under the laws of which it is organized. (2) The amount of the claim. (3) The details of the transaction and all facts upon which the petitioner relies. (4) Any other information required by rule. (c) If the Secretary of State determines that the amount paid is incorrect, he or she shall refund to the limited liability company any amount paid in excess of the proper amount; provided, however, that no refund shall be made for an amount less than $200, and any refund in excess of that amount shall be reduced by $200; and provided further, that such refund shall be made without payment of interest.

Legislative History

(Source: P.A. 93-59, eff. 7-1-03.)