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Illinois Compiled Statutes

805 ILCS 5/5.25 (2026)

Service of process on domestic or foreign corporation

✓ current as of May 2026
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(805 ILCS 5/5.25) (from Ch. 32, par. 5.25)
    Sec. 5.25. Service of process on domestic or foreign corporation.
    (a) Any process, notice, or demand required or permitted by law to be served upon a domestic corporation or a foreign corporation having authority to transact business in this State may be served either upon the registered agent appointed by the corporation or upon the Secretary of State as provided in this Section.
    (b) The Secretary of State shall be irrevocably appointed as an agent of a domestic corporation or of a foreign corporation having authority upon whom any process, notice or demand may be served:
        (1) Whenever the corporation shall fail to appoint or
    
maintain a registered agent in this State, or
        (2) Whenever the corporation's registered agent
    
cannot with reasonable diligence be found at the registered office in this State, or
        (3) When a domestic corporation has been dissolved,
    
the conditions of paragraph (1) or paragraph (2) exist, and a civil action, suit or proceeding is instituted against or affecting the corporation within the five years after the issuance of a certificate of dissolution or the filing of a judgment of dissolution, or
        (4) When a domestic corporation has been dissolved,
    
the conditions of paragraph (1) or paragraph (2) exist, and a criminal proceeding has been instituted against or affecting the corporation, or
        (5) When the authority of a foreign corporation to
    
transact business in this State has been revoked or withdrawn.
    (c) Service under subsection (b) shall be made by:
        (1) Service on the Secretary of State, or on any
    
clerk having charge of the corporation division of his or her office, of a copy of the process, notice or demand, together with any papers required by law to be delivered in connection with service, and a fee as prescribed by subsection (b) of Section 15.15 of this Act;
        (2) Transmittal by the person instituting the action,
    
suit or proceeding of notice of the service on the Secretary of State and a copy of the process, notice or demand and accompanying papers to the corporation being served, by registered or certified mail:
            (i) At the last registered office of the
        
corporation as shown by the records on file in the office of the Secretary of State; and
            (ii) At such address the use of which the person
        
instituting the action, suit or proceeding knows or, on the basis of reasonable inquiry, has reason to believe, is most likely to result in actual notice; and
        (3) Appendage, by the person instituting the action,
    
suit or proceeding, of an affidavit of compliance with this Section, in substantially such form as the Secretary of State may by rule or regulation prescribe, to the process, notice or demand.
    (d) Nothing herein contained shall limit or affect the right to serve any process, notice, or demand required or permitted by law to be served upon a corporation in any other manner now or hereafter permitted by law.
    (e) The Secretary of State shall keep a record of all processes, notices, and demands served upon him or her under this Section, and shall record therein the time of such service and his or her action with reference thereto, but shall not be required to retain such information for a period longer than five years from his or her receipt of the service.
(Source: P.A. 98-171, eff. 8-5-13.)

    
Notes of Decisions
Cited in 24 cases (6 in the last 5 years), 1995–2026 · leading case: Am. Chartered Bank v. USMDS, Inc., 2013 IL App (3d) 120397 (Ill. App. Ct. 2013).
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Am. Chartered Bank v. USMDS, Inc., 2013 IL App (3d) 120397 (Ill. App. Ct. 2013). · cites it 5× “25 of the Business Corporation Act of 1983 (Act) (805 ILCS 5/5.25 (West 2010)). The affidavit established that the Secretary of State was served because USMDS had been dissolved and that a copy of service was mailed to USMDS at its Chicago address.”
Aspen Am. Ins. Co. v. Interstate Warehouseing, Inc., 2017 IL 121281 (Ill. 2017). · cites it 2× “25 of the Act ( 805 ILCS 5/5.25 (West 2012) ) states that a foreign corporation having authority to transact business in Illinois may be served with process either upon the registered agent appointed by the corporation or upon the Secretary of State.”
3M Co. v. John J. Moroney & Co., 870 N.E.2d 881 (Ill. App. Ct. 2007). · cites it 8× “25 of the Business Corporation Act of 1983 (Act) (805 ILCS 5/5.25 (West 2004)). On September 14, 2005, plaintiff filed an affidavit of compliance, a copy of the alias summons and a copy of the complaint with the Secretary of State and mailed the same to defendant’s registered…”
Najas Cortes v. Orion Sec., Inc., 842 N.E.2d 162 (Ill. App. Ct. 2005). · cites it 3× “” Najas also cites to the comparable Illinois statute (805 ILCS 5/5.25 (West 2002)) providing for service on the Illinois Secretary of State on behalf of a foreign corporation authorized to do business but no longer found within the state at the time a cause of action is filed.”
Knapp v. Bulun, 911 N.E.2d 541 (Ill. App. Ct. 2009). “ervice on an individual is achieved (1) by leaving a copy of the summons with the defendant personally, or (2) by leaving a copy at the defendant’s usual place of abode with a member of the defendant’s family who is at least 13 years of age and informing that person of the…”
Kowal v. Westchester Wheels, Inc., 2017 IL App (1st) 152293 (Ill. App. Ct. 2017). “25 of the Business Corporation Act of 1983 ( 805 ILCS 5/5.25(a) (West 2014)), and (2) it has not transacted business in Illinois, so that service of process upon it through the Secretary of State is not valid under section 5.”
Capital One Bank, N.A. v. Czekala, 884 N.E.2d 1205 (Ill. App. Ct. 2008). “805 ILCS 5/5.25(a) (West 2004); 3M Co. v.”
John Isfan Constr., Inc. v. Longwood Towers, LLC, 2016 IL App (1st) 143211 (Ill. App. Ct. 2016). “See 805 ILCS 5/5.25(b)(2) (West 2012) (service must be made upon the Secretary of State “[w]henever the corporation’s registered agent cannot with reasonable diligence be found at the registered office in this State”).”
United States Ex Rel. Frontier Constr., Inc. v. Tri-State Mgmt. Co., 262 F. Supp. 2d 893 (N.D. Ill. 2003). “2d 1012, 1014 (1995) (citing 735 ILCS 5/2-204; 805 ILCS 5/5.25). Here, after an unsuccessful attempt to serve Tri-State at its office, process was served upon the Secretary of State.”
Dutch Farm Meats, Inc. v. Horizon Foods, Inc., 655 N.E.2d 1012 (Ill. App. Ct. 1995). “” 805 ILCS 5/5.25 (West 1992). Thus, plaintiff had several statutory options available to it in effecting service upon defendant.”
Deutsche Bank Nat'l Trust Co. v. Osinki, 2021 IL App (1st) 191669-U (Ill. App. Ct. 2021). · cites it 4× “805 ILCS 5/5.25(a) (West 2010). One such circumstance is if “the corporation’s registered agent cannot with reasonable diligence be found at the registered office in this State.”
Rapier v. First Bank & Trust Co., 721 N.E.2d 686 (Ill. App. Ct. 1999). “25 of the Business Corporation Act of 1983 (805 ILCS 5/5.25 (West 1994)), including failure to submit a summons with the correct name of the corporation being served and failure to submit an affidavit of compliance with section 5.”
Show all 24 citing cases →
— 805 ILCS 5/5.25(a) — 10 cases
Aspen Am. Ins. Co. v. Interstate Warehouseing, Inc., 2017 IL 121281 (Ill. 2017). “25 of the Act ( 805 ILCS 5/5.25 (West 2012) ) states that a foreign corporation having authority to transact business in Illinois may be served with process either upon the registered agent appointed by the corporation or upon the Secretary of State.”
Knapp v. Bulun, 911 N.E.2d 541 (Ill. App. Ct. 2009). “ervice on an individual is achieved (1) by leaving a copy of the summons with the defendant personally, or (2) by leaving a copy at the defendant’s usual place of abode with a member of the defendant’s family who is at least 13 years of age and informing that person of the…”
Kowal v. Westchester Wheels, Inc., 2017 IL App (1st) 152293 (Ill. App. Ct. 2017). “25 of the Business Corporation Act of 1983 ( 805 ILCS 5/5.25(a) (West 2014)), and (2) it has not transacted business in Illinois, so that service of process upon it through the Secretary of State is not valid under section 5.”
Capital One Bank, N.A. v. Czekala, 884 N.E.2d 1205 (Ill. App. Ct. 2008). “805 ILCS 5/5.25(a) (West 2004); 3M Co. v.”
3M Co. v. John J. Moroney & Co., 870 N.E.2d 881 (Ill. App. Ct. 2007). “25 of the Business Corporation Act of 1983 (Act) (805 ILCS 5/5.25 (West 2004)). On September 14, 2005, plaintiff filed an affidavit of compliance, a copy of the alias summons and a copy of the complaint with the Secretary of State and mailed the same to defendant’s registered…”
— 805 ILCS 5/5.25(b) — 1 case
Trs. of Iron Workers Local Union No. 28 Pension Fund v. VEI Solutions, Inc. (E.D. Va. 2023).
— 805 ILCS 5/5.25(b)(1) — 2 cases
Ronald Effoua v. JBS (C.D. Ill. 2026).
Cortes v. Orion Sec. (Ill. App. Ct. 2005).
— 805 ILCS 5/5.25(b)(2) — 6 cases
Am. Chartered Bank v. USMDS, Inc., 2013 IL App (3d) 120397 (Ill. App. Ct. 2013). “25 of the Business Corporation Act of 1983 (Act) (805 ILCS 5/5.25 (West 2010)). The affidavit established that the Secretary of State was served because USMDS had been dissolved and that a copy of service was mailed to USMDS at its Chicago address.”
3M Co. v. John J. Moroney & Co., 870 N.E.2d 881 (Ill. App. Ct. 2007). “25 of the Business Corporation Act of 1983 (Act) (805 ILCS 5/5.25 (West 2004)). On September 14, 2005, plaintiff filed an affidavit of compliance, a copy of the alias summons and a copy of the complaint with the Secretary of State and mailed the same to defendant’s registered…”
John Isfan Constr., Inc. v. Longwood Towers, LLC, 2016 IL App (1st) 143211 (Ill. App. Ct. 2016). “See 805 ILCS 5/5.25(b)(2) (West 2012) (service must be made upon the Secretary of State “[w]henever the corporation’s registered agent cannot with reasonable diligence be found at the registered office in this State”).”
Deutsche Bank Nat'l Trust Co. v. Osinki, 2021 IL App (1st) 191669-U (Ill. App. Ct. 2021). “805 ILCS 5/5.25(a) (West 2010). One such circumstance is if “the corporation’s registered agent cannot with reasonable diligence be found at the registered office in this State.”
3M Co. v. John J. Moroney & Co. (Ill. App. Ct. 2007).
— 805 ILCS 5/5.25(b)(3) — 1 case
Lin v. Shi (C.D. Ill. 2023).
— 805 ILCS 5/5.25(b)(l) — 1 case
Najas Cortes v. Orion Sec., Inc., 842 N.E.2d 162 (Ill. App. Ct. 2005). “” Najas also cites to the comparable Illinois statute (805 ILCS 5/5.25 (West 2002)) providing for service on the Illinois Secretary of State on behalf of a foreign corporation authorized to do business but no longer found within the state at the time a cause of action is filed.”
— 805 ILCS 5/5.25(c) — 4 cases
3M Co. v. John J. Moroney & Co., 870 N.E.2d 881 (Ill. App. Ct. 2007). “25 of the Business Corporation Act of 1983 (Act) (805 ILCS 5/5.25 (West 2004)). On September 14, 2005, plaintiff filed an affidavit of compliance, a copy of the alias summons and a copy of the complaint with the Secretary of State and mailed the same to defendant’s registered…”
Enns v. Jackson, 2020 IL App (5th) 190538-U (Ill. App. Ct. 2020).
Ronald Effoua v. JBS (C.D. Ill. 2026).
3M Co. v. John J. Moroney & Co. (Ill. App. Ct. 2007).
— 805 ILCS 5/5.25(c)(2) — 1 case
Tidwell v. Exxon Mobil Corp. (N.D. Ill. 2022).
— 805 ILCS 5/5.25(c)(2)(ii) — 4 cases
3M Co. v. John J. Moroney & Co., 870 N.E.2d 881 (Ill. App. Ct. 2007). “25 of the Business Corporation Act of 1983 (Act) (805 ILCS 5/5.25 (West 2004)). On September 14, 2005, plaintiff filed an affidavit of compliance, a copy of the alias summons and a copy of the complaint with the Secretary of State and mailed the same to defendant’s registered…”
Am. Chartered Bank v. USMDS, Inc., 2013 IL App (3d) 120397 (Ill. App. Ct. 2013). “25 of the Business Corporation Act of 1983 (Act) (805 ILCS 5/5.25 (West 2010)). The affidavit established that the Secretary of State was served because USMDS had been dissolved and that a copy of service was mailed to USMDS at its Chicago address.”
3M Co. v. John J. Moroney & Co. (Ill. App. Ct. 2007).
Commonwealth Edison Co v. Carlisle Util. Contractors, Inc, 2020 IL App (1st) 200178-U (Ill. App. Ct. 2020).
— 805 ILCS 5/5.25(c)(3) — 1 case
Am. Chartered Bank v. USMDS, Inc., 2013 IL App (3d) 120397 (Ill. App. Ct. 2013). “25 of the Business Corporation Act of 1983 (Act) (805 ILCS 5/5.25 (West 2010)). The affidavit established that the Secretary of State was served because USMDS had been dissolved and that a copy of service was mailed to USMDS at its Chicago address.”
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