- 25 - are duly licensed by the State of Illinois. 805 Ill. Comp. Stat. 10/3.4 (West 1993). No corporation organized under the Illinois Professional Service Corporation Act may issue any of its capital stock to anyone other than an individual who is duly licensed. 805 Ill. Comp. Stat. 10/11. In order to open, operate, or maintain an establishment under the Professional Service Corporation Act, the corporation must have a certificate of registration. One requirement for obtaining the certificate of registration is that the shareholders must be licensed. 805 Ill. Comp. Stat. 10/12 (West 1993). Although unlicensed owners of funeral directing and embalming establishments are allowed under 225 Ill. Comp. Stat 41/1-20 (West 1993), the unlicensed owner is not allowed to "engage in any form of funeral directing and embalming". 225 Ill. Comp. Stat. 41/1-20(b) (West 1993). In addition, 805 Ill. Comp. Stat. 10/4 (West 1993) provides that the provisions of the Professional Service Corporation Act do not repeal, modify, or restrict provisions of law that regulate several professions "except insofar as such laws are in conflict with the provisions of this Act [the Professional Service Corporation Act]". This language indicates that the Professional Service Corporation Act controls in any real or perceived conflict between the Illinois code provisions regarding unlicensed owners. Hence unlicensed ownership of a professional service corporation engaged inPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011