Winnebago County Quitclaim Deed (LLC Grantor) Form

Since July 1, 2017, an Illinois limited liability company's power to convey its own real estate has not been something the statute hands every member or manager. This Illinois quitclaim deed is arranged for that conveyance: the company is the sole Grantor, one authorized individual signs for it, and the deed names the office and the document the authority rests on.

Where an LLC's signing authority comes from now

Public Act 99-637 rewrote Article 13 of the Limited Liability Company Act. Its earlier version handed any member of a member-managed company, and any manager of a manager-managed one, statutory power to sign an instrument transferring the company's real property. That grant is gone. Authority now rests on the operating agreement, on a members' or managers' authorization, and on general agency law; management structure sits in 805 ILCS 180/15-1 and the operating agreement, oral ones included, in 805 ILCS 180/15-5. Section 2 collects the signer's name, office, and source of authority, which a title examiner otherwise digs out of company records.

The statement of authority, and the certified copy that gets recorded

805 ILCS 180/13-15 gives a company a public way to speak to authority: a statement filed with the Illinois Secretary of State describing what a member, manager, or other person may do, transferring the company's real property included. For a real property transfer that filing is half the mechanism. A certified copy recorded in the county where the land sits carries the statement's conclusive effect for a non-member giving value in reliance on it without knowledge to the contrary. The example fills that entry both ways, by agreement section and by recorded document number.

What the LLC grantor configuration carries

One Grantor block recites the company, its state of organization, and its principal address; a second names the signing individual and that person's office; then come one signature line, one printed name carrying name and office, and one acknowledgment certificate in representative capacity following 765 ILCS 5/26. Patterns presenting this configuration include a property-holding company moving a parcel to another company under common ownership, a company releasing what it holds to a buyer taking title on a policy rather than on covenants, and a company from an old conveyance releasing a stray interest so a later title examination closes. Two signers sit outside the layout, and no homestead waiver clause prints, the estate of homestead under 735 ILCS 5/12-901 belonging to an individual occupying a residence.

Statutory words, and the seal Illinois does not require

The operative sentence uses the words of 765 ILCS 5/10: a deed in statutory quitclaim form releases in fee the rights the grantor holds at delivery, with no warranty covenants and no reach to after-acquired title unless words are added for it. On the entity side, 805 ILCS 180/1-30 carries the power to hold and convey real property and states that a company seal is not mandatory and adds no force to an instrument, so no seal block prints here.

Series title and the name that goes in the deed

Illinois goes further than most states on series companies: under 805 ILCS 180/37-40 a series with limited liability is treated as a separate entity to the extent the articles of organization set out, and each such series may, in its own name, hold title to assets and exercise a company's powers. Record title can stand in a series name, which is why the name entry on this quit claim deed follows the name in which title is held, series designation included.

Transfer tax when a company sells

A company conveyance is usually a business transfer, not a gift, so the taxable path is the common one. 35 ILCS 200/31-10 taxes the privilege of transferring title at 50 cents per $500 of value, a county may add 25 cents under 55 ILCS 5/5-1031, and a municipality with a certified home rule ordinance blocks recording until its tax is proved paid. Section 11 takes either the taxable entry or an exempt notation citing its paragraph of 35 ILCS 200/31-45, and the example runs the taxable route for a Cook County parcel.

The purchase brings three files: the fillable deed, a completed example filled in from the company entries through the notary's commission date, and a guide covering each numbered section along with authority, signing, notarization, and recording. These materials describe Illinois law in general terms and are not legal advice; a question about one company's authority or a particular title belongs with an Illinois attorney.