§ 5-80 — Scope of the Law; service of process

Illinois § 5-80

• Jurisdiction: Illinois
• Topic: BUSINESS AND EMPLOYMENT
• Ch. 815: BUSINESS TRANSACTIONS
• Act 815 ILCS 602/: Business Opportunity Sales Law of 1995.
• Art.: Article 5 -

Text

(a) The provisions of this Law concerning sales and offers to sell apply to persons who sell or offer to sell when: (1) An offer to sell is made in this State; (2) An offer to purchase is made and accepted in this State; or (3) The purchaser is domiciled in this State and the business opportunity is or will be operated in this State. (b) For the purpose of this Section, an offer to sell is made in this State, whether or not either party is then present in this State, when: (1) The offer originates from this State; or (2) The offer is directed by the offeror to this State and received at the place to which it is directed or at any post office in this State in the case of a mailed offer. (c) For the purpose of this Section, an offer to sell is accepted in this State when acceptance: (1) Is communicated to the offeror in this State; and (2) Has not previously been communicated to the offeror, orally, or in writing, outside this State; and acceptance is communicated to the offeror in this State, whether or not either party is then present in this State when the offeree directs it to the offeror in this State reasonably believing the offeror to be in this State and it is received at the place to which it is directed or at any post office in this State in the case of a mailed acceptance. (d) When any person, including any nonresident of this State, engages in conduct prohibited or made actionable by this Law or any rule, regulation, or order under this Law, and the person has not filed a consent to service of process and personal jurisdiction over the person cannot otherwise be obtained in this State, that conduct shall be considered equivalent to the person's appointment of the Secretary of State to be the person's attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against the person or the person's successor, executor or administrator which grows out of that conduct and which is brought under this Law or any rule, regulation, or order under this Law with the same force and validity as if served on the person personally. Service may be made by filing a copy of the process in the office of the Secretary of State, and it is not effective unless: (1) The plaintiff, who may be the Secretary of State in a suit, action, or proceeding instituted by the Secretary of State, forthwith sends notice of the service and a copy of the process by certified or registered mail, return receipt requested, to the defendant's or respondent's most current address on file with the Secretary of State or takes other steps which are reasonably calculated to give actual notice; and (2) The plaintiff's affidavit of compliance with this subsection (d) of this Section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows. (e) When process is served under this Section, the court, or the Secretary of State in a proceeding before the Secretary of State, shall order such continuance as may be necessary to afford the defendant or respondent reasonable opportunity to defend.

Legislative History

(Source: P.A. 89-209, eff. 1-1-96.)