Illinois Law on Internet Auction Listing Service Registration

In Illinois,§ 1440.400 et. seq.deal with laws relating to the internet auctio listing service.  Specific sections of the law cover the below areas: 

Illinois Administrative Code
Title 68. PROFESSIONS AND OCCUPATIONS
Part 1440. AUCTION LICENSE ACT
Subpart D. INTERNET AUCTION LISTING SERVICE

§ 1440.400. Definitions

Unless otherwise clarified by this Subpart, definitions set forth in the Act and this Part shall also apply for the purposes of this Subpart.

"Close of a transaction" shall mean the conclusion of the bidding process of a transaction on an Internet auction listing service web site. It shall not be construed to mean when a seller receives payment for the property and/or when a purchaser receives the property at the conclusion of a transaction on an Internet auction listing service web site.

"Designated agent" means the person listed in the registration of an Internet auction listing service who will respond to Division written requests for information, records and related documents maintained in connection with the activities subject to registration.

"Registrant" means any person registered as an Internet auction listing service under the Act and this Part.

"Registration" means the acceptance by the Division of the completed forms along with the applicable fees submitted by a person providing or seeking to provide an Internet auction listing service.


§ 1440.410. Registration

a) An applicant who desires to register as an internet auction listing service shall submit to the Division on forms provided by the Division:

1) The applicant's name, address, Social Security Number or federal employer identification number, and telephone number;

2) The applicant's designated agent;

3) The fee as provided by Section 1440.170 ; and

4) Certifications as provided in Section 10-27(c) of the Act.

b) If an applicant is making application as an internet auction listing service in the form of a corporation, limited liability company or legally formed partnership, the applicant, in addition to the information provided in subsection (a), shall submit to the Division on forms provided by the Division:

1) The articles of incorporation or organization or evidence of other legal authority, and if the corporation, limited liability company, or other legally formed partnership is registered in a state other than Illinois, a certificate of authority to conduct business in the State of Illinois; and

2) A list of all officers, directors, and owners with a percentage of ownership that is in excess of 10%.


§ 1440.420. Expiration of Registration

Pursuant to Section 1440.145 of this Part, all certificates of registration issued under the Act and this Subpart shall expire on December 31, 2010, and thereafter a registration shall expire every 2 years on December 31 of each even numbered year.


§ 1440.430. Renewal of Registration

a) An applicant for renewal of a registration issued pursuant to Section 1440.410 shall submit to the Division:

1) An application, provided by the Division, that is signed and fully completed by the applicant; and

2) The fee as provided by Section 1440.170 .

b) Any person who fails to submit a renewal application by the expiration date of the registration may renew the registration for a period of 2 years following the expiration date of the registration by submitting to the Division:

1) An application, provided by the Division, that is signed and fully completed by the applicant; and

2) The fee and late penalty as provided by Section 1440.170.

c) Any person who fails to submit a renewal application within 2 years after the expiration date of the registration shall not be eligible to renew the registration, and must meet the requirements of a new applicant as provided by Section 1440.410, plus pay all lapsed fees and penalties as provided by Section 1440.170.


§ 1440.440. Issuance of Certificate of Registration

The Division shall issue a certificate of registration to all Internet auction listing services registered under the Act and this Subpart. The certificate shall include the name, address, date of expiration and registration number of the Internet auction listing service.


§ 1440.450. Notification of Name Change

It is the responsibility of each registrant under the Act and this Subpart to notify the Division in writing, within 15 days after any change of name. For example, if the registrant has had a name change either by court order or due to a change in marital status, the registrant shall notify the Division of the name change together with a certified copy of the marriage certificate or portions of the court order relating to the name change, and indicate the name in which the registration shall be issued.


§ 1440.460. Assumed Name

If a registrant operates under any name other than that appearing on the certificate of registration, the registrant shall submit to the Division a certified copy of the registration under the Assumed Business Name Act [805 ILCS 405 ] at the time of the application or within 30 days after the registration.


§ 1440.470. Notification of Address Change

It is the responsibility of the registrant to notify the Division in writing within 15 days after a change of address. If a registrant uses a post office box number as a mailing address, the registrant shall also provide the Division with the street address of the registrant's business location.


§ 1440.480. Fees (Repealed)