805 ILCS 180/5-1

Organization

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(805 ILCS 180/5-1)
    Sec. 5-1. Organization.
    (a) One or more persons, other than natural persons under 18 years of age, may organize a limited liability company by executing and delivering articles of organization to the Secretary of State as specified in Sections 5-5 and 5-45. The organizers need not be members of the limited liability company. Each organizer of a limited liability company organized to engage in the practice of medicine shall be a licensed physician of this State or an attorney licensed to practice law in this State. The execution of the articles of organization constitutes an affirmation by the person, under penalty of perjury, that the facts stated therein are true.
    (b) A limited liability company shall have one or more members.
    (c) A limited liability company is a legal entity distinct from its members.
(Source: P.A. 93-59, eff. 7-1-03.)

    
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2020–2024 · leading case: Loyola University of Chicago v. Onward MSO, LLC
Loyola University of Chicago v. Onward MSO, LLC (2024) illappct “See 805 ILCS 180/5-1(c) (West 2020). Accordingly, as a corporate entity, defendant is required to be represented by a licensed attorney at all times and does not have the ability to proceed pro se.”
Oliver v. Isenberg (2020) illappct “¶ 48 Under the Limited Liability Company Act, 805 ILCS 180/5-1(b) (West 2012) (the LLC Act), a limited liability company (LLC) must have at least one “member.”
In the Matter of the Application of the County Treasurer Cook County v. 6143 Howard Manager, LLC (2023) illappct · cites it 2× “” 805 ILCS 180/30-1 (West 2020); see also 805 ILCS 180/5-1 (West 2020) (“(c) A limited liability company is a legal entity distinct from its members”).”
— 805 ILCS 180/5-1(b) — 1 case
Oliver v. Isenberg (2020) illappct “¶ 48 Under the Limited Liability Company Act, 805 ILCS 180/5-1(b) (West 2012) (the LLC Act), a limited liability company (LLC) must have at least one “member.”
— 805 ILCS 180/5-1(c) — 1 case
Loyola University of Chicago v. Onward MSO, LLC (2024) illappct “See 805 ILCS 180/5-1(c) (West 2020). Accordingly, as a corporate entity, defendant is required to be represented by a licensed attorney at all times and does not have the ability to proceed pro se.”
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