(205 ILCS 5/1) (from Ch. 17, par. 301)
Sec. 1.
Title.
This Act may be cited as the Illinois Banking Act.
(Source: Laws 1955, p. 83.)
(205 ILCS 5/2) (from Ch. 17, par. 302)
Sec. 2. General definitions. In this Act, unless the context otherwise
requires, the following words and phrases shall have the following meanings:
"Accommodation party" shall have the meaning ascribed to that term in
Section 3-419 of the Uniform Commercial Code.
"Action" in the sense of a judicial proceeding includes recoupments,
counterclaims, set-off, and any other proceeding in which
rights are determined.
"Affiliate facility" of a bank means a main banking premises or branch
of another commonly owned bank.
The main banking premises or any branch of a bank
may be an "affiliate facility" with respect to one or more other commonly owned
banks.
"Appropriate federal banking agency" means the Federal Deposit Insurance
Corporation, the Federal Reserve Bank of Chicago, or the Federal Reserve Bank
of St. Louis, as determined by federal law.
"Bank" means any person doing a banking business whether subject to the
laws of this or any other jurisdiction.
A "banking house", "branch", "branch bank" or "branch
office" shall mean any place of business of a bank at which deposits are
received, checks paid, or loans made, but shall not include any place at
which only records thereof are made, posted, or kept. A place of business
at which deposits are received, checks paid, or loans made shall not be
deemed to be a branch, branch bank, or branch office if the place of
business is adjacent to and connected with the main banking premises, or if
it is separated from the main banking premises by not more than an alley;
provided always that (i) if the place of business is separated by an alley
from the main banking premises there is a connection between the two by
public or private way or by subterranean or overhead passage, and (ii) if
the place of business is in a building not wholly occupied by the bank, the
place of business shall not be within any office or room in which any other
business or service of any kind or nature other than the business of the
bank is conducted or carried on. A place of business at which deposits are
received, checks paid, or loans made shall not be deemed to be a branch,
branch bank, or branch office (i) of any bank if the place is a terminal established and maintained in accordance with
paragraph
(17) of Section 5 of this Act, or (ii) of a commonly owned bank
by virtue of
transactions conducted at that place on behalf of the other commonly owned bank
under paragraph (23) of Section 5 of this Act if the place is an affiliate
facility with respect to the other bank.
"Branch of an out-of-state bank" means a branch established or maintained in
Illinois by an out-of-state bank as a result of a merger between an Illinois
bank and the out-of-state bank that occurs on or after May 31, 1997, or any
branch established by the out-of-state bank following the merger.
"Bylaws" means the bylaws of a bank that are adopted by the bank's board of
directors or shareholders for the regulation and management of the bank's
affairs. If the bank operates as a limited liability company, however, "bylaws"
means the operating
agreement of the bank.
"Call report fee" means the fee to be paid to the
Commissioner by each State bank pursuant to paragraph (a) of subsection (3)
of Section 48 of this Act.
"Capital" includes the aggregate of outstanding capital stock and
preferred stock.
"Cash flow reserve account" means the account within the books and records
of the Commissioner of Banks and Real Estate used to
record funds designated to maintain a reasonable Bank and Trust Company Fund
operating balance to meet agency obligations on a timely basis.
"Charter" includes the original charter and all amendments thereto
and articles of merger or consolidation.
"Commissioner" means the Commissioner of Banks and Real Estate, except that beginning on April 6, 2009 (the effective date of Public Act 95-1047), all references in this Act to the Commissioner of Banks and Real Estate are deemed, in appropriate contexts, to be references to the Secretary of Financial and Professional Regulation.
"Commonly owned banks" means 2 or more banks that each qualify as a bank
subsidiary of the same bank holding company pursuant to Section 18 of the
Federal Deposit Insurance Act; "commonly owned bank" refers to one of a group
of commonly owned banks but only with respect to one or more of the other banks
in the same group.
"Community" means a city, village, or incorporated town and also includes
the area served by the banking offices of a bank, but need not be limited or
expanded to conform to the geographic boundaries of units of local
government.
"Company" means a corporation, limited liability company, partnership,
business trust,
association, or similar organization and, unless specifically excluded,
includes a "State bank" and a "bank".
"Consolidating bank" means a party to a consolidation.
"Consolidation" takes place when 2 or more banks, or a trust company and
a bank, are extinguished and by the same process a new bank is created,
taking over the assets and assuming the liabilities of the banks or trust
company passing out of existence.
"Continuing bank" means a merging bank, the charter of which becomes the
charter of the resulting bank.
"Converting bank" means a State bank converting to become a national
bank, or a national bank converting to become a State bank.
"Converting trust company" means a trust company converting to become a
State bank.
"Court" means a court of competent jurisdiction.
"Director" means a member of the board of directors of a bank. In the case
of a manager-managed limited liability company, however, "director" means a
manager of
the bank and, in the case of a member-managed limited liability company,
"director" means a member of the bank. The term "director" does not include an
advisory director, honorary director, director emeritus, or similar person,
unless the person is otherwise performing
functions similar to those of a member of the board of directors.
"Director of Banking" means the Director of the Division of Banking of the Department of Financial and Professional Regulation.
"Eligible depository institution" means an insured savings association
that is in default, an insured savings association that is in danger of
default, a State or national bank that is in default or a State or
national bank that is in danger of default, as those terms are defined in this
Section, or a new bank as that term defined in Section 11(m) of the Federal
Deposit Insurance Act or a bridge bank as that term is defined in Section 11(n)
of the Federal Deposit Insurance Act or a new federal savings association
authorized under Section 11(d)(2)(f) of the Federal Deposit Insurance Act.
"Fiduciary" means trustee, agent, executor, administrator, committee,
guardian for a minor or for a person under legal disability, receiver,
trustee in bankruptcy, assignee for creditors, or any holder of similar
position of trust.
"Financial institution" means a bank, savings bank, savings and loan association,
credit union, or any licensee under the Consumer Installment Loan Act or
the Sales Finance Agency Act and, for purposes of Section 48.3, any
proprietary network, funds transfer corporation, or other entity providing
electronic funds transfer services, or any corporate fiduciary, its
subsidiaries, affiliates, parent company, or contractual service provider
that is examined by the Commissioner. For purposes of Section 5c and subsection (b) of Section 13 of this Act, "financial institution" includes any proprietary network, funds transfer corporation, or other entity providing electronic funds transfer services, and any corporate fiduciary.
"Foundation" means the Illinois Bank Examiners' Education Foundation.
"General obligation" means a bond, note, debenture, security, or other
instrument evidencing an obligation of the government entity that is the
issuer that is supported by the
full available resources of the issuer, the principal and interest of which
is payable in whole or in part by taxation.
"Guarantee" means an undertaking or promise to answer for payment of
another's debt or performance of another's duty, liability, or obligation
whether "payment guaranteed" or "collection guaranteed".
"In danger of default" means a State or national bank, a federally chartered
insured savings association or an Illinois state chartered insured savings
association with respect to which the Commissioner or the appropriate
federal banking agency has advised the Federal Deposit Insurance
Corporation that:
"In default" means, with respect to a State or national bank or an insured
savings association, any adjudication or other official determination by any
court of competent jurisdiction, the Commissioner, the appropriate federal
banking agency, or other public authority pursuant to which a conservator, receiver,
or other legal custodian is appointed for a State or national bank or an
insured savings association.
"Insured savings association" means any federal savings association chartered
under Section 5 of the federal Home Owners' Loan Act and any State savings
association chartered under the Illinois Savings and Loan Act of 1985 or a
predecessor Illinois statute, the deposits of which are insured by the Federal
Deposit Insurance Corporation. The term also includes a savings bank organized
or operating under the Savings Bank Act.
"Insured savings association in recovery" means an insured savings
association that is not an eligible depository institution and that does
not meet the minimum capital requirements applicable with respect to the
insured savings association.
"Issuer" means for purposes of Section 33 every person who shall have
issued or proposed to issue any security; except that (1) with respect to
certificates of deposit, voting trust certificates, collateral-trust
certificates, and certificates of interest or shares in an unincorporated
investment trust not having a board of directors (or persons performing
similar functions), "issuer" means the person or persons performing the
acts and assuming the duties of depositor or manager pursuant to the
provisions of the trust, agreement, or instrument under which the
securities are issued; (2) with respect to trusts other than those
specified in clause (1) above, where the trustee is a corporation
authorized to accept and execute trusts, "issuer" means the entrusters,
depositors, or creators of the trust and any manager or committee charged
with the general direction of the affairs of the trust pursuant to the
provisions of the agreement or instrument creating the trust; and (3) with
respect to equipment trust certificates or like securities, "issuer" means
the person to whom the equipment or property is or is to be leased or
conditionally sold.
"Letter of credit" and "customer" shall have the meanings ascribed to
those terms in Section 5-102 of the Uniform Commercial Code.
"Main banking premises" means the location that is designated in a
bank's charter as its main office.
"Maker or obligor" means for purposes of Section 33 the issuer of a
security, the promisor in a debenture or other debt security, or the
mortgagor or grantor of a trust deed or similar conveyance of a security
interest in real or personal property.
"Merged bank" means a merging bank that is not the continuing, resulting,
or surviving bank in a consolidation or merger.
"Merger" includes consolidation.
"Merging bank" means a party to a bank merger.
"Merging trust company" means a trust company party to a merger with
a State bank.
"Mid-tier bank holding company" means a corporation that (a) owns 100% of
the issued and outstanding shares of each class of stock of a State bank, (b)
has no other subsidiaries, and (c) 100% of the issued and outstanding shares of
the corporation are owned by a parent bank holding company.
"Municipality" means any municipality, political subdivision, school
district, taxing district, or agency.
"National bank" means a national banking association located in this
State and after May 31, 1997, means a national banking association without
regard to its location.
"Out-of-state bank" means a bank chartered under the laws of a state other
than Illinois, a territory of the United States, or the District of Columbia.
"Parent bank holding company" means a corporation that is a bank holding
company as that term is defined in the Illinois Bank Holding Company Act of
1957 and owns 100% of the issued and outstanding shares of a mid-tier bank
holding company.
"Person" means an individual, corporation, limited liability company,
partnership, joint
venture, trust, estate, or unincorporated association.
"Public agency" means the State of Illinois, the various counties,
townships,
cities, towns, villages, school districts, educational service regions, special
road districts, public water supply districts, fire protection districts,
drainage districts, levee districts, sewer districts, housing authorities, the
Illinois Bank Examiners' Education Foundation, the Chicago Park District, and
all other political corporations or subdivisions of the State of Illinois,
whether now or hereafter created, whether herein specifically mentioned or
not, and shall also include any other
state or any political corporation or subdivision of another state.
"Public funds" or "public money" means
current operating funds, special funds, interest and sinking funds, and funds
of any kind or character belonging to, in the custody of, or subject to the
control or regulation of the United States or a public agency. "Public funds"
or "public money" shall include funds held by any of the officers, agents, or
employees of the United States or of a public agency in the course of their
official duties and, with respect to public money of the United States, shall
include Postal Savings funds.
"Published" means, unless the context requires otherwise, the publishing
of the notice or instrument referred to in some newspaper of general
circulation in the community in which the bank is located at least once
each week for 3 successive weeks. Publishing shall be accomplished by, and
at the expense of, the bank required to publish. Where publishing is
required, the bank shall submit to the Commissioner that evidence of the
publication as the Commissioner shall deem appropriate.
"Qualified financial contract" means any security contract,
commodity contract, forward contract, including spot and
forward foreign exchange contracts, repurchase agreement, swap agreement, and
any
similar agreement, any option to enter into any such agreement, including any
combination of the foregoing, and any master agreement for such agreements.
A master agreement, together with all supplements thereto, shall be treated
as one qualified financial contract. The contract, option, agreement, or
combination of contracts, options, or agreements shall be reflected upon the
books, accounts, or records of the bank, or a party to the contract shall
provide documentary evidence of such agreement.
"Recorded" means the filing or recording of the notice or instrument
referred to in the office of the Recorder of the county wherein
the bank is located.
"Resulting bank" means the bank resulting from a merger or conversion.
"Secretary" means the Secretary of Financial and Professional Regulation, or a person authorized by the Secretary or by this Act to act in the Secretary's stead.
"Securities" means stocks, bonds, debentures, notes, or other similar
obligations.
"Stand-by letter of credit" means a letter of credit under which drafts
are payable upon the condition the customer has defaulted in performance of
a duty, liability, or obligation.
"State bank" means any banking corporation that has a banking charter
issued by the Commissioner under
this Act.
"State Banking Board" means the State Banking Board of Illinois.
"Subsidiary" with respect to a specified company means a company that is
controlled by the specified company. For purposes of paragraphs (8) and (12)
of Section 5 of this Act, "control" means the exercise of operational or
managerial control of a corporation by the bank, either alone or together with
other affiliates of the bank.
"Surplus" means the aggregate of (i) amounts paid in excess of the par
value of capital stock and preferred stock; (ii) amounts contributed other
than for capital stock and preferred stock and allocated to the surplus
account; and (iii) amounts transferred from undivided profits.
"Tier 1 Capital" and "Tier 2 Capital" have the meanings assigned to those
terms in regulations promulgated for the appropriate federal banking agency of
a state bank, as those regulations are now or hereafter amended.
"Trust company" means a limited liability company or corporation
incorporated in this State for the
purpose of accepting and executing trusts.
"Undivided profits" means undistributed earnings less discretionary
transfers to surplus.
"Unimpaired capital and unimpaired surplus", for the purposes of paragraph
(21) of Section 5 and Sections 32, 33, 34, 35.1, 35.2, and 47 of this Act means
the sum of the state bank's Tier 1 Capital and Tier 2 Capital plus such other
shareholder equity as may be included by
regulation of the Commissioner. Unimpaired capital and unimpaired surplus
shall be calculated on the basis of the date of the last quarterly call report
filed with the Commissioner preceding the date of the transaction for which the
calculation is made, provided that: (i) when a material event occurs after the
date of the last quarterly call report filed with the Commissioner that reduces
or increases the bank's unimpaired capital and unimpaired surplus by 10% or
more, then the unimpaired capital and unimpaired surplus shall be calculated
from the date of the material
event for a transaction conducted after the date of the material event; and
(ii) if the Commissioner determines for safety and soundness reasons that a
state bank should calculate unimpaired capital and unimpaired surplus more
frequently than provided by this paragraph, the Commissioner may by written
notice direct the bank to calculate unimpaired capital and unimpaired surplus
at a more frequent interval. In the case of a state bank newly chartered under
Section 13 or a state bank resulting from a merger, consolidation, or
conversion under Sections 21 through 26 for which no preceding quarterly call
report has been filed with the Commissioner, unimpaired capital and unimpaired
surplus shall be calculated for the first calendar quarter on the basis of the
effective date of the charter, merger, consolidation, or conversion.
(Source: P.A. 95-924, eff. 8-26-08; 95-1047, eff. 4-6-09; 96-1000, eff. 7-2-10; 96-1163, eff. 1-1-11.)
(205 ILCS 5/2.1) (from Ch. 17, par. 303)
Sec. 2.1.
(Repealed).
(Source: Laws 1965, p. 2020. Repealed by P.A. 89-508, eff. 7-3-96.)
(205 ILCS 5/2.2) (from Ch. 17, par. 304)
Sec. 2.2.
(Repealed).
(Source: P.A. 83-1177. Repealed by P.A. 89-508, eff. 7-3-96.)
(205 ILCS 5/2.3) (from Ch. 17, par. 305)
Sec. 2.3.
(Repealed).
(Source: P.A. 86-1157. Repealed by P.A. 89-508, eff. 7-3-96.)
(205 ILCS 5/2.4) (from Ch. 17, par. 306)
Sec. 2.4.
(Repealed).
(Source: Laws 1965, p. 2020. Repealed by P.A. 89-508, eff. 7-3-96.)
(205 ILCS 5/2.5) (from Ch. 17, par. 307)
Sec. 2.5.
(Repealed).
(Source: P.A. 83-1177. Repealed by P.A. 89-508, eff. 7-3-96.)
(205 ILCS 5/2.6) (from Ch. 17, par. 308)
Sec. 2.6.
Transfer of powers.
There is transferred to the Commissioner all the powers and authorities
and all duties and responsibilities heretofore vested in the Director of
Financial Institutions under this Act. This transfer shall not affect any
act done, ratified or confirmed or any right accrued or established or
affect or abate any notice or report required to be furnished or any action
or proceeding had or commenced in a civil or criminal cause before this act
takes effect; but such notices and reports shall be due to, and such
actions or proceedings may be prosecuted, defended or continued by the
Commissioner. Every person and every bank shall be subject to the same
obligations and duties and shall have the same rights arising from the
exercise of such rights, powers and duties as if such rights, powers and
duties were exercised by the Director of Financial Institutions; and every
person and every bank shall be subject to the same penalty or penalties,
civil or criminal for failure to perform any such obligation or duty, or
for doing a prohibited act, as if such obligation or duty arose from or
such act were prohibited in, the exercise of such rights, powers or duties
by the Director of Financial Institutions. Every officer and employee shall
for any offense be subject to the same penalty or penalties, civil or
criminal, as are prescribed by existing law for the same offense by any
officer or employee whose powers or duties devolve upon him under this Act.
(Source: Laws 1965, p. 2020.)
(205 ILCS 5/3) (from Ch. 17, par. 309)
Sec. 3. Formation and primary powers. It shall be lawful to form banks,
as herein provided, for the purpose of discount and deposit, buying and
selling exchange and doing a general banking business, excepting the
issuing of bills to circulate as money; and such banks shall have the power
to loan money on personal and real estate security, and to accept and execute
trusts upon obtaining a certificate of authority pursuant to the "Corporate
Fiduciary Act", and shall be subject to all of the provisions of this Act. For purposes of this Section, "real estate" includes a manufactured home as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code that is real property as defined in Section 5-35 of the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act.
(Source: P.A. 98-749, eff. 7-16-14.)
(205 ILCS 5/4) (from Ch. 17, par. 310)
Sec. 4.
Effect on existing banks.
The certificates, permits and charters of state banks existing at the
time of the adoption of this Act shall continue in full force and effect,
and the provisions of this Act shall apply thereto. Any corporation with
banking powers availing itself of or accepting the benefits of this Act and
all corporations with banking powers existing by virtue of any special
charter or general law of this State, shall be subject to the provisions
and requirements of this Act in every particular, as if organized under
this Act.
(Source: Laws 1955, p. 83.)
(205 ILCS 5/5) (from Ch. 17, par. 311)
Sec. 5. General corporate powers. A bank organized under this Act
or subject hereto shall be a body corporate and politic and shall,
without specific mention thereof in the charter, have all the powers
conferred by this Act and the following additional general corporate
powers:
Nothing in this Section shall be construed to require the filing of a notice or application for approval with the United States Office of the Comptroller of the Currency or a bank supervisor of another state as a condition to the right of a State bank to exercise any of the powers conferred by this Section in this State.
(Source: P.A. 99-362, eff. 8-13-15; 100-863, eff. 8-14-18.)
(205 ILCS 5/5a) (from Ch. 17, par. 312)
Sec. 5a. (Repealed).
(Source: P.A. 98-749, eff. 7-16-14. Repealed by P.A. 99-331, eff. 1-1-16.)
(205 ILCS 5/5b) (from Ch. 17, par. 312.1)
Sec. 5b.
Deposits in outside depository.
(a) Except as provided in subsection (b), every bank is liable for deposits
made in an outside depository from the time the deposit is made.
(b) A bank may adopt a policy that its liability for deposits made in
outside depositories will be delayed until the deposits are recorded, and,
if such a policy is adopted and depositors are notified in writing at least
21 days in advance of the effective date of such policy, the bank's liability
will be delayed in accordance with the policy. In case of deposit accounts
opened after such a policy is adopted, the policy shall be effective if
the depositor is given written notice of the policy at the time the deposit
account is opened.
(c) For the purposes of this Section "outside depository" means any
receptacle attached to a main banking premise, branch as
allowed in
subsection (15) of Section 5 of this Act, or other location for the purpose
of making deposits
either during or after regular banking hours, but does not include an automatic
teller machine or point of sale terminal, as defined in the Electronic Fund
Transfer Act.
(Source: P.A. 92-483, eff. 8-23-01.)
(205 ILCS 5/5c) (from Ch. 17, par. 312.2)
Sec. 5c. Ownership of a bankers' bank. A bank may acquire shares
of stock of a bank or holding company which owns or controls such bank if
the stock of such bank or company is owned exclusively (except to the extent
directors' qualifying shares are required by law) by depository institutions
or depository institution holding companies and such bank or company and
all subsidiaries thereof are engaged exclusively
in providing services to or for other financial institutions, their
holding companies, and the officers,
directors, and employees of such institutions and companies, and in providing
services at the request of other financial institutions
or their holding companies (also referred to as a "bankers' bank"). The bank may also provide products and services to its officers, directors, and employees. In no
event shall the total amount of such stock
held by a bank in such bank or holding company exceed 10 percent of its
capital and surplus (including undivided profits) and in no event shall
a bank acquire more than 15 percent of any class of voting securities of
such bank or company.
(Source: P.A. 95-924, eff. 8-26-08; 96-856, eff. 12-31-09.)
(205 ILCS 5/5d) (from Ch. 17, par. 312.3)
Sec. 5d.
Notwithstanding any other provision of this Act, a bank may
engage in making revolving credit loans secured by mortgages or deeds of
trust on real property or by security assignments of beneficial interests
in land trusts.
For purposes of this Section, "revolving credit", has the meaning defined
in Section 4.1 of "An Act in relation to the rate of interest and other
charges in connection with sales on credit and the lending of money", approved
May 24, 1879, as amended.
Any mortgage or deed of trust given to secure a revolving credit loan may,
and when so expressed therein shall, secure not only the existing indebtedness,
but also such future advances, whether such advances are obligatory or to
be made at the option of the lender, or otherwise, as are made within twenty
years from the date thereof, to the same extent as if such future advances
were made on the date of the execution of such mortgage or deed of trust,
although there may be no advance made at the time of execution of such mortgage
or other instrument, and although there may be no indebtedness outstanding
at the time any advance is made. The lien of such mortgage or deed of
trust, as to third persons without actual notice thereof, shall be valid as
to all such indebtedness and future advances from the time said mortgage or
deed of trust is filed for record in the office of the Recorder of Deeds or
the Registrar of Titles of the county where the real property described
therein is located. The total amount of indebtedness that may be so
secured may increase or decrease from time to time, but the total unpaid
balance so secured at any one time shall not exceed a maximum principal
amount which must be specified in such mortgage or deed of trust, plus
interest thereon, and any disbursements made for the payment of taxes,
special assessments, or insurance on said real property, with interest on
such disbursements.
Any such mortgage or deed of trust shall be valid and have priority over
all subsequent liens and encumbrances, including statutory liens, except
taxes and assessments levied on said real property.
For purposes of this Section, "real property" includes a manufactured home as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code, that is real property as defined in Section 5-35 of the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act.
(Source: P.A. 98-749, eff. 7-16-14.)
(205 ILCS 5/5e)
Sec. 5e.
Lending and account authority.
(a) Notwithstanding the provisions of any other
law in connection with extensions of credit, a State bank may elect to contract
for and receive interest, fees, and other charges for extensions of credit
subject only to the provisions of subsection (1) of Section 4 of the Interest
Act, except for extensions of credit secured by residential real estate, which
shall be subject to the laws applicable thereto.
(b) The establishment of account service charges and the amounts of the
charges not otherwise limited or prescribed by law is a business decision to be
made by a bank according to prudent business judgment and safe and sound
operating standards. In establishing account service charges, the bank may
consider, but is not limited to considering,
the costs incurred by the bank, plus a profit margin, for providing the
service,
the deterrence of misuse of the bank's services,
the establishment of the competitive position of the bank in
accordance with the bank's marketing strategy, and
the maintenance of the safety and soundness of the bank.
(Source: P.A. 91-330, eff. 7-29-99.)
(205 ILCS 5/5f)
Sec. 5f.
Non-English language transactions.
A bank may conduct
transactions in a language other than English through an employee or agent
acting as interpreter or through an interpreter provided by the customer.
(Source: P.A. 92-578, eff. 6-26-02.)
(205 ILCS 5/5g)
Sec. 5g. Savings promotion raffle.
(a) As used in this Section, "savings promotion raffle" has the same meaning as that term is given in Section 20 of the Federal Deposit Insurance Act (12 U.S.C. 1829a).
(b) If authorized by its board of directors, a State bank may conduct a savings promotion raffle. The savings promotion raffle shall be conducted so that each token or ticket representing an entry in the savings promotion raffle has an equal chance of being drawn. A State bank shall not conduct a savings promotion raffle in a manner that jeopardizes the State bank's safety and soundness or misleads its customers.
(c) The Secretary may examine the conduct of a savings promotion raffle and may issue a cease and desist order for a violation of this Section.
(d) A State bank shall maintain records sufficient to facilitate an audit of the savings promotion raffle.
(Source: P.A. 99-149, eff. 1-1-16.)
(205 ILCS 5/6.1) (from Ch. 17, par. 313.1)
Sec. 6.1. (Repealed).
(Source: P.A. 98-749, eff. 7-16-14. Repealed by P.A. 99-331, eff. 1-1-16.)
(205 ILCS 5/6.2)
Sec. 6.2.
(Repealed).
(Source: P.A. 92-577, eff. 6-26-02. Repealed by P.A. 99-331, eff. 1-1-16.)
(205 ILCS 5/7) (from Ch. 17, par. 314)
Sec. 7.
Organization capital requirements.
A bank may be organized to exercise the powers conferred by this Act with
minimum capital and surplus as
determined
by the Commissioner.
(Source: P.A. 92-483, eff. 8-23-01.)
(205 ILCS 5/8) (from Ch. 17, par. 315)
Sec. 8.
Incorporators.
A State bank may be organized on application by 5 or more
incorporators who shall be individuals except
that a bank holding company may be the sole incorporator of a State bank.
(Source: P.A. 92-483, eff. 8-23-01.)
(205 ILCS 5/9) (from Ch. 17, par. 316)
Sec. 9.
Contents of application.
The application for a permit to organize shall be in a form specified by
the Commissioner and shall be filed with the
Commissioner signed by each of the applicants and shall be acknowledged
before some officer authorized by law to acknowledge deeds. It shall state:
(1) The name, residence, business or occupation and address of each
applicant, and a statement of the proposed management;
(2) The name for the proposed bank;
(3) The location of the proposed bank;
(4) The amount of capital and surplus
for the proposed bank;
(5) The number of shares of capital stock, the number of shares and
classes of preferred stock, if any, the par value of the capital stock and
preferred stock, and the amount for which each share of capital stock and
preferred stock is to be sold;
(6) A statement of the financial worth of each of the applicants;
(7) (Blank);
(8) Such other relevant information as the Commissioner may require.
(Source: P.A. 90-301, eff. 8-1-97; 90-665, eff. 7-30-98.)
(205 ILCS 5/9.5)
Sec. 9.5.
Reservation of corporate name.
Upon the filing of an
application
for a permit to organize, an applicant may request that the Commissioner
reserve
the name of the proposed bank. The reservation shall be made by filing with
the
Commissioner an application to reserve a specified corporate name on forms
prescribed by the
Commissioner. If the Commissioner finds that the name is available for
corporate use, he or
she shall reserve the name for the exclusive use of the applicant. The
Commissioner shall
prescribe by rule the duration of the reservation.
The right to the exclusive use of a specified corporate name so reserved may
be
transferred to any other person by filing with the Commissioner a notice of the
transfer executed by the person for whom such name was reserved and specifying
the name and address of the transferee.
The Commissioner may revoke any
reservation if, after a hearing, he or she
finds that the
application therefor was made contrary to this Act.
(Source: P.A. 91-452, eff. 1-1-00.)
(205 ILCS 5/10) (from Ch. 17, par. 317)
Sec. 10.
Permit to organize.
(a) Upon the filing of an application for a
permit to organize, the Commissioner shall investigate the truth of the
statements therein and shall consider the proposed bank's capital
structure, its future earnings prospects, the general character, experience,
and qualifications of its
proposed management, its proposed plan of operation, and the
convenience
and needs of the area sought to be
served, and notwithstanding the provisions of Section 7 of this Act, the
Commissioner shall not approve the application and issue a permit to
organize unless he shall be of the opinion and finds:
(b) The Commissioner shall revoke the permit to organize and order
liquidation
of any funds collected in the event that the organizers do not obtain a
charter from
the Commissioner authorizing the bank to commence business within 6 months
from the date of the issuance of the permit, unless a request has been
submitted,
in writing, to the Commissioner for an extension and the request has been
approved.
(c) The Commissioner may impose such terms and conditions, if any, on the
issuance of the permit to organize as the Commissioner deems appropriate and
necessary
for the organization of the bank.
(Source: P.A. 91-452, eff. 1-1-00; 92-483, eff. 8-23-01.)
(205 ILCS 5/11) (from Ch. 17, par. 318)
Sec. 11.
Stock subscription.
As soon as may be after receipt of a permit to organize, books of
subscription to the capital stock and to the preferred stock, if any, may
be opened, and when the capital stock and the preferred stock shall have
been fully subscribed for, a meeting of the subscribers to the stock of
such bank shall be called (each subscriber having had, or waived, at least
three days' notice) for determination of the number and election of
directors as herein provided to serve as directors for one year and until
their successors are elected.
(Source: Laws 1955, p. 83.)
(205 ILCS 5/12) (from Ch. 17, par. 319)
Sec. 12.
Organization.
(a) The directors so elected shall proceed to organize in
conformity with this
Act and as follows:
(b) Subscriptions to the capital stock and to the preferred stock, if any,
collected pursuant to item (6) of subsection (a) of this Section must be placed
in
escrow.
(Source: P.A. 92-483, eff. 8-23-01.)
(205 ILCS 5/13) (from Ch. 17, par. 320)
Sec. 13. Issuance of charter.
(a) When the directors have organized as provided in Section 12 of this
Act, and the capital stock and the preferred stock, if any, together with a
surplus of not less than 50% of the capital,
has been all fully paid in and a record of the same
filed with the Commissioner, the Commissioner or some competent
person of the Commissioner's appointment shall make a thorough
examination into the affairs of the proposed bank, and if satisfied (i)
that
all the requirements of this Act have been complied with, (ii) that
no
intervening circumstance has occurred to change the Commissioner's findings
made pursuant to Section 10 of this Act, and (iii) that the prior involvement
by any stockholder who will own a sufficient amount of stock to have control,
as defined in Section 18 of this Act, of the proposed bank with any other
financial institution, whether as stockholder, director, officer, or customer,
was conducted in a safe and sound manner, upon payment into the
Commissioner's office of the reasonable expenses of the
examination, as determined by the Commissioner, the Commissioner shall
issue a charter authorizing the bank to commence business as authorized in
this Act. All charters issued by the Commissioner or any predecessor
agency which chartered State banks, including any charter outstanding as of
September 1, 1989, shall be perpetual. For the 2 years after the Commissioner
has issued a charter to a bank, the bank shall request and obtain from the
Commissioner prior written approval before it may change senior management
personnel or directors.
The original charter, duly certified by the Commissioner, or a certified copy
shall be evidence in all courts and places
of the existence and authority of the bank to do business. Upon the
issuance of the charter by the Commissioner, the bank
shall be deemed fully organized and may
proceed to do business. The Commissioner may, in the Commissioner's
discretion, withhold the issuing of the charter when the Commissioner has
reason to believe that the bank is organized for any purpose other than
that contemplated by this Act. The Commissioner shall
revoke the charter and order liquidation in the event that the bank does
not commence a general banking business within one year from the date of
the issuance of the charter, unless a request has been submitted, in
writing, to the Commissioner for an extension and the request has been
approved. After commencing a general
banking business, a bank may
change
its name by filing written notice with the Commissioner at least 30 days
prior
to the effective date of such change. A bank chartered under this Act may
change its main banking premises by filing written application with the
Commissioner, on forms prescribed by the Commissioner, provided (i) the change
shall not be a removal to a new location without complying with the capital
requirements of Section 7 and of subsection (1) of Section 10 of this Act; (ii)
the Commissioner approves the relocation or change; and (iii) the bank
complies with any applicable federal law or regulation. The application
shall be deemed to be approved if the Commissioner has not acted on the
application within 30 days after receipt of the application, unless within the
30-day time frame the Commissioner informs the bank that an extension of time
is
necessary prior to the Commissioner's action on the application.
(b)(1) The Commissioner may also issue a charter to a bank that is owned
exclusively by other depository institutions or depository institution holding
companies and is organized to engage exclusively in providing services to or
for other financial institutions, their holding companies, and the officers,
directors, and employees of such institutions and companies, and in providing
services at the request of other financial institutions
or their holding companies (also referred to as a "bankers' bank"). The bank may also provide products and services to its officers, directors, and employees.
(2) A bank chartered pursuant to paragraph (1) shall, except as otherwise
specifically determined or limited by the Commissioner in an order or
pursuant to a rule, be vested with the same rights
and privileges and subject to the same duties, restrictions, penalties,
and liabilities now or hereafter imposed under this Act.
(c) A bank chartered under this Act shall, at all times while it accepts or retains deposits, maintain with
the Federal Deposit Insurance Corporation, or such other instrumentality of
or corporation chartered by the United States, deposit insurance as
authorized under federal law.
(d)(i) A bank that has a banking charter issued by the Commissioner under
this Act may, pursuant to a written purchase and assumption agreement,
transfer substantially all of its assets to another State bank or national
bank in consideration, in whole or in part, for the transferee banks'
assumption of any part or all of its liabilities. Such a transfer shall in
no way be deemed to impair the charter of the transferor bank or cause the
transferor bank to forfeit any of its rights, powers, interests,
franchises, or privileges as a State bank, nor shall any voluntary
reduction in the transferor bank's activities resulting from the transfer
have any such effect; provided, however, that a State bank that transfers
substantially all of its assets pursuant to this subsection (d) and
following the transfer does not accept deposits and make loans, shall not
have any rights, powers, interests, franchises, or privileges under
subsection (15) of Section 5 of this Act until the bank has resumed
accepting deposits and making loans.
(ii) The fact that a State bank does not resume accepting deposits and
making loans for a period of 24 months commencing on September 11, 1989 or on a
date of the transfer of substantially all of a State bank's assets, whichever
is later, or such longer period as the Commissioner may allow in writing, may
be the basis for a finding by the Commissioner under Section 51 of this Act
that the bank is unable to continue operations.
(iii) The authority provided by subdivision (i) of this subsection
(d) shall terminate on May 31, 1997, and no bank that has transferred
substantially all of its assets pursuant to this subsection (d) shall continue
in existence after May 31, 1997.
(Source: P.A. 95-924, eff. 8-26-08; 96-1365, eff. 7-28-10.)
(205 ILCS 5/13.5)
Sec. 13.5.
Formation and merger of interim banks.
(a) An interim bank may be chartered as a State bank for the exclusive
purpose
of accomplishing a corporate restructuring through merger with an existing
State bank, national bank, trust company, or an insured savings
association. An interim bank shall be chartered
and merged pursuant to the
provisions of this Section. The interim bank shall not accept deposits, make
loans, pay checks, or engage in the general banking business or any part
thereof, and shall not be subject to the provisions of this Act other than
those set forth in this Section; provided, however, that if the interim bank
becomes the resulting bank in a merger, such resulting bank shall have all of
the powers, rights, and duties of a State bank and must comply with all
applicable provisions of this Act.
(b) An interim State bank may be organized upon application by 5 or more
incorporators or by a bank holding company. The application shall be made on
forms prescribed by the Commissioner which shall request, at a minimum, the
following information:
(c) The merger agreement must be approved by all of the incorporators of the
interim bank and must be approved by the existing State bank with which the
interim bank will merge, as required by Section 22 of this Act.
(d) Upon receipt of the application to organize the interim bank and the
merger agreement submitted pursuant to this Section and Section 22 of this Act,
the Commissioner may issue a charter to the interim bank and approve the merger
agreement if the Commissioner makes the findings set forth in subsection (3) of
Section 22 of this Act. The interim bank's charter shall not take effect
until, and shall only be effective for purposes of, the merger.
(e) Nothing in this Section affects the obligations of an existing State
bank
with
which the interim bank will merge, or the rights of minority or dissenting
shareholders of the existing State bank, in connection with the approval,
execution, and accomplishment of a merger agreement as provided elsewhere in
this Act.
(Source: P.A. 92-483, eff. 8-23-01.)
(205 ILCS 5/13.6)
Sec. 13.6.
Banks as limited liability companies.
(a) A bank may be organized as a limited liability company, may convert to a
limited liability company, or may merge with and into a limited liability
company under
the applicable laws of this State and of the United States, including any rules
promulgated thereunder. A bank organized as a limited liability company shall
be subject
to the provisions of the Limited Liability Company Act in addition to this Act,
provided that if a provision of the Limited Liability Company Act
conflicts with a provision of this Act or with any rule of the Commissioner,
the provision of this Act or the rule of the Commissioner shall apply.
(b) Any filing required to be made under the Limited Liability Company Act
shall be made exclusively with the Commissioner, and the Commissioner shall
possess the exclusive authority to regulate the bank as provided in this Act.
(c) Any organization as, conversion to, and merger with or into a limited
liability company shall be subject to the prior approval of the Commissioner.
(d) A bank that is a limited liability company shall be subject to all of the
provisions of this Act in the same manner as a bank that is organized
in stock form.
(e) The Commissioner may promulgate rules to ensure that a bank that is a
limited liability company (i) is operating in a safe and sound manner and (ii)
is subject to the Commissioner's authority in the same manner as a bank that is
organized in stock form.
(Source: P.A. 93-561, eff. 1-1-04.)
(205 ILCS 5/14) (from Ch. 17, par. 321)
Sec. 14.
Stock.
Unless otherwise provided for in this Act provisions
of general application to stock of a state bank shall be as follows:
(1) All banks shall have their capital divided into shares of a par value
of not less than $1 each and not more than $100 each, however, the par value
of shares of a bank effecting a reverse stock split pursuant to item (8)
of subsection (a) of Section 17 may temporarily exceed this limit provided
it conforms to the limits immediately after the reverse stock split is
completed. No issue of capital stock or preferred stock shall be valid until
not less than the par value of all such stock so issued shall be paid in and
notice thereof by the president, a vice-president or cashier of the
bank has been transmitted to the Commissioner. In the case of an increase
in capital stock by the declaration of a stock dividend, the capitalization
of retained earnings effected by such stock dividend shall constitute the
payment for such shares required by the preceding sentence, provided that
the surplus of said bank after such stock dividend shall be at least equal
to fifty per cent of the capital as increased. The charter shall not limit
or deny the voting power of the shares of any class of stock except as
provided in Section 15(3) of this Act.
(2) Pursuant to action taken in accordance with the requirements of
Section 17, a bank may issue preferred stock of one or more
classes as shall be approved by the Commissioner as hereinafter provided,
and make such amendment to its charter as may be necessary for this
purpose; but in the case of any newly organized bank which has not yet
issued capital stock the requirements of Section 17 shall not
apply.
(3) Without limiting the authority herein contained a bank, when so
provided in its charter and when approved by the Commissioner, may issue
shares of preferred stock:
(4) If any part of the capital of a bank consists of preferred stock,
the determination of whether or not the capital of such bank is impaired
and the amount of such impairment shall be based upon the par value of its
stock even though the amount which the holders of such preferred stock
shall be entitled to receive in the event of retirement or liquidation
shall be in excess of the par value of such preferred stock.
(5) Pursuant to action taken in accordance with the requirements of
Section 17 of this Act, a state bank may provide for a specified
number of authorized but unissued shares of capital stock for one or more
of the following purposes:
(6) Upon written application to the Commissioner 60 days prior to the
proposed purchase and receipt of the written approval of the Commissioner,
a state bank may purchase and hold as treasury stock such amounts of the
total number of issued and outstanding shares of its capital and preferred
stock outstanding as the Commissioner determines is consistent with safety
and soundness of the bank. The Commissioner may specify the manner of
accounting for the treasury stock and the form of notice prior to ultimate
disposition of the shares. Except as authorized in this subsection, it
shall not be lawful for a state bank to purchase or hold any additional
such shares or securities described in subsection (2) of Section 37 unless
necessary to prevent loss upon a debt previously contracted in good faith,
in which event such shares or securities so purchased or acquired shall,
within 6 months from the time of purchase or acquisition, be sold or
disposed of at public or private sale. Any state bank which intends to
purchase and hold treasury stock as authorized in this subsection (6) shall
file a written application with the Commissioner 60 days prior to any such
proposed purchase. The application shall state the number of shares to be
purchased, the consideration for the shares, the name and address of the
person from whom the shares are to be purchased, if known, and the total
percentage of its issued and outstanding shares to be held by the bank after
the purchase. The total consideration paid by a state bank for treasury stock
shall reduce capital and surplus of the bank for purposes of Sections of this
Act relating to lending and investment limits which require computation of
capital and surplus. After considering and approving an application to
purchase and hold treasury stock under this subsection, the Commissioner may
waive or reduce the balance of the 60 day application period. The Commissioner
may specify the form of the application for approval to acquire treasury stock
and promulgate rules and regulations for the administration of this subsection
(6). A state bank may acquire or resell its own shares as
treasury stock pursuant to this subsection (6) without a change in its charter
pursuant to Section 17. Such stock may be held for any purpose permitted in
subsection (5) of this Section 14 or may be resold upon such reasonable terms
as the board of directors may determine provided notice is given to the
Commissioner prior to the resale of such stock.
(7) During the time that a state bank shall continue its banking
business, it shall not withdraw or permit to be withdrawn, either in the
form of dividends or otherwise, any portion of its capital, but nothing in
this subsection shall prevent a reduction or change of the capital stock or
the preferred stock under the provisions of Sections 17 through 30 of this
Act, a purchase of treasury stock under the provisions of subsection (6) of
this Section 14 or a redemption of preferred stock pursuant to charter
provisions therefor.
(8) (a) Subject to the provisions of this Act, the board of directors of a state bank from time to time may declare a dividend of so much of the net profits of such bank as it shall judge expedient, but each bank before the declaration of a dividend shall carry at least one-tenth of its net profits since the date of the declaration of the last preceding dividend, or since the issuance of its charter in the case of its first dividend, to its surplus until the same shall be equal to its capital.
(9) A State bank may, but shall not be obliged to, issue a certificate for
a fractional share, and, by action of its board of directors, may in lieu
thereof, pay cash equal to the value of the fractional share. A certificate
for a fractional share shall entitle the holder to exercise fractional voting
rights, to receive dividends, and to participate in any of the assets of the
bank in the event of liquidation.
(Source: P.A. 92-483, eff. 8-23-01; 92-651, eff. 7-11-02.)
(205 ILCS 5/14.1) (from Ch. 17, par. 321.1)
Sec. 14.1. Quasi-Reorganization of Capital.
(a) For the purposes of declaring dividends pursuant to Section 14(8)(b) of
this Act upon a change in control, if a bank:
(b) A bank may reorganize its capital accounts pursuant to item (3) of subsection (a) of this Section without a change in control to the same extent and in the same manner authorized for national banks, subject to the same limitations and restrictions as are applicable to national banks, upon receiving the prior written approval of the Secretary.
(Source: P.A. 99-362, eff. 8-13-15.)
(205 ILCS 5/15) (from Ch. 17, par. 322)
Sec. 15. Stock and stockholders. Unless otherwise provided for in this
Act, provisions of general application to capital stock, preferred stock,
and stockholders of a State bank shall be as follows:
(1) There shall be an annual meeting of the stockholders for the
election of directors each year on the first business day in January,
unless some other date shall be fixed by the by-laws. A special meeting of
the stockholders may be called at any time by the board of directors, and
otherwise as may be provided in the bylaws.
(2) Written or printed notice stating the place, day, and hour of the
meeting, and in case of a special meeting, the purpose or purposes for
which the meeting is called, shall be delivered not less than 10 nor more
than 40 days before the date of the meeting either personally or by
mail, by or at the direction of the president, or the secretary, or the
officer or persons calling the meeting, to each stockholder of record
entitled to vote at the meeting. If mailed, the notice shall be deemed to
be delivered when deposited in the United States mail with postage thereon
prepaid addressed to the stockholder at his address as it appears on the
records of the bank.
(3) Except as provided below in this paragraph (3), each outstanding share
shall be entitled to one vote on each matter submitted to a vote at a
meeting of stockholders. Shares of its own stock belonging to a bank shall
not be voted, directly or indirectly, at any meeting and shall not be
counted in determining the total number of outstanding shares at any given
time, but shares of its own stock held by it in a fiduciary capacity may be
voted and shall be counted in determining the total number of outstanding
shares at any given time. A stockholder may vote either in person or by
proxy executed in writing by the stockholder or by his duly authorized
attorney-in-fact. No proxy shall be valid after 11 months from the date of
its execution, unless otherwise provided in the proxy. Except as provided
below in this paragraph (3), in all elections for directors every
stockholder (or subscriber to the stock prior to the issuance of a charter)
shall have the right to vote, in person or by proxy, for the number of
shares of stock owned by him, for as many persons as there are directors to
be elected, or to cumulate the shares and give one candidate as many votes
as the number of directors multiplied by the number of his or her shares of
stock shall equal, or to distribute them on the same principle among as
many candidates as he or she shall think fit. The bank charter of any bank
organized on or after January 1, 1984 may limit or eliminate cumulative
voting rights in all or specified circumstances, or may eliminate voting
rights entirely, as to any class or classes or series of stock of the bank;
provided that one class of shares or series thereof shall always have
voting rights in respect of all matters in the bank. A bank organized prior
to January 1, 1984 may amend its charter to eliminate cumulative voting
rights under all or specified circumstances, or to eliminate voting rights
entirely, as to any class or classes or series of stock of the bank;
provided that one class of shares or series thereof shall always have
voting rights in respect of all matters in the bank, and provided further
that the proposal to eliminate the voting rights receives the approval of
the holders of 70% of the outstanding shares of stock entitled to vote as
provided in paragraph (b) (7) of Section 17. A majority of the outstanding
shares represented in person or by proxy shall constitute a quorum at a
meeting of stockholders. In the absence of a quorum a meeting may be
adjourned from time to time without notice to the stockholders.
(4) Whenever additional stock of a class is offered for sale,
stockholders of record of the same class on the date of the offer shall
have the right to subscribe to the proportion of the shares as the stock
of the class held by them bears to the total of the outstanding stock of
the class, and the price thereof may be in excess of par value. This right
shall be transferable but shall terminate if not exercised within 60
days of the offer, unless the Commissioner shall authorize a shorter time.
If the right is not exercised, the stock shall not be re-offered for sale
to others at a lower price without the stockholders of the same class again
being accorded a preemptive right to subscribe at the lower price.
Notwithstanding any of the provisions of this paragraph (4) or any other
provision of law, stockholders shall not have any preemptive or other right
to subscribe for or to purchase or acquire shares of capital stock issued
or to be issued under a stock-option plan or upon conversion of preferred
stock or convertible debentures or other convertible indebtedness that has
been approved by stockholders in the manner required by the provisions of
subsection (5) of Section 14 hereof or to treasury stock acquired pursuant
to subsection (6) of Section 14.
(5) For the purpose of determining stockholders entitled to notice of or
to vote at any meeting of stockholders, or stockholders entitled to receive
payment of any dividend, or in order to make a determination of
stockholders for any other proper purpose, the board of directors of a bank
may provide that the stock transfer books shall be closed for a stated
period not to exceed, in any case, 40 days. In lieu of closing the
stock transfer books, the board of directors may fix in advance a date as
the record date for any determination of stockholders, the date in
any case to be not more than 40 days, and in case of a meeting of
stockholders, not less than 10 days prior to the date on which the
particular action, requiring the determination of stockholders, is to be
taken. If the stock transfer books are not closed and no record date is
fixed for the determination of stockholders entitled to notice of or to
vote at a meeting of stockholders, or stockholders entitled to receive
payment of a dividend, the date on which notice of a meeting is mailed or
the date on which the resolution of the board of directors declaring the
dividend is adopted, as the case may be, shall be the record date for the
determination of stockholders.
(6) Stock standing in the name of another corporation, domestic or
foreign, may be voted by the officer, agent, or proxy as the by-laws of
the corporation may prescribe, or, in the absence of such provision, as
the board of directors of the corporation may determine. Stock standing in
the name of a deceased person may be voted by his or her administrator or
executor, either in person or by proxy. Stock standing in the name of a
guardian or trustee may be voted by that fiduciary either in
person or by proxy. Shares standing in the name of a receiver may be voted
by the receiver, and shares held by or under control of a receiver may be
voted by the receiver without the transfer thereof into his or her name if
authority so to do be contained in an appropriate order of the court by
which the receiver was appointed. A stockholder whose shares of stock are
pledged shall be entitled to vote those shares until the shares have been
transferred into the name of the pledgee, and thereafter the pledgee shall
be entitled to vote the shares so transferred.
(7) Shares of stock shall be transferable in accordance with the general
laws of this State governing the transfer of corporate shares.
(8) The president and any other officer designated by the board of directors of every State bank shall cause to be
kept at all times a full and correct list of the names and residences of
all the shareholders in the State bank and the number of shares held by
each in the office where its business is transacted. The list shall be
subject to the inspection of all the shareholders of the
State bank and the officers authorized to assess taxes under State
authority during business hours of each day in which business may be
legally transacted. A copy of the list, verified by the oath
of the
president or cashier, shall be transmitted to the Commissioner of Banks and
Real Estate within 10 days of any demand therefor made
by the Commissioner.
(9) Any number of shareholders of a bank may create a voting trust for
the purpose of conferring upon a trustee or trustees the right to vote or
otherwise represent their shares for a period of not to exceed 10 years
by entering into a written voting trust agreement specifying the terms and
conditions of the voting trust and by transferring their shares to the
trustee or trustees for the purposes of the agreement. The trust
agreement shall not become effective until a counterpart of the agreement
is deposited with the bank at its main banking premises. The counterpart of
the voting trust agreement so deposited with the bank shall be subject to
the same right of examination by a shareholder of the bank, in person or by
agent or attorney, as is the record of shareholders of the bank and shall
be subject to examination by any holder of a beneficial interest in the
voting trust, either in person or by agent or attorney, at any reasonable
time for any proper purpose.
(10) Voting agreements. Shareholders may provide for the voting of their
shares by signing an agreement for that purpose. A voting agreement
created under this paragraph is not subject to the provisions of paragraph (9).
A voting agreement created under this paragraph is specifically
enforceable in accordance with the principles of equity.
(Source: P.A. 95-924, eff. 8-26-08.)
(205 ILCS 5/16) (from Ch. 17, par. 323)
Sec. 16.
Directors.
The business and affairs of a State bank shall be
managed by its board of directors that shall exercise its powers as follows:
(1) Directors shall be elected as provided in this Act. Any omission
to elect a director or directors shall not impair any of the rights and
privileges of the bank or of any person in any way interested. The existing
directors shall hold office until their successors are elected and qualify.
(2) (a) Notwithstanding the provisions of any charter heretofore or hereafter issued, the number of directors, not fewer than 5 nor more than 25, may be fixed from time to time by the stockholders at any meeting of the stockholders called for the purpose of electing directors or changing the number thereof by the affirmative vote of at least two-thirds of the outstanding stock entitled to vote at the meeting, and the number so fixed shall be the board regardless of vacancies until the number of directors is thereafter changed by similar action.
(3) Except as otherwise provided in this paragraph (3), directors
shall hold office until the next annual meeting of the stockholders
succeeding their election or until their successors are elected and
qualify. If the board of directors consists of 6 or more members, in lieu
of electing the membership of the whole board of directors annually, the
charter or by-laws of a State bank may provide that the directors shall be
divided into either 2 or 3 classes, each class to be as nearly equal in
number as is possible. The term of office of directors of the first class
shall expire at the first annual meeting of the stockholders after their
election, that of the second class shall expire at the second annual
meeting after their election, and that of the third class, if any, shall
expire at the third annual meeting after their election. At each annual
meeting after classification, the number of directors equal to the number
of the class whose terms expire at the time of the meeting shall be elected
to hold office until the second succeeding annual meeting, if there be 2
classes, or until the third succeeding annual meeting, if there be 3
classes. Vacancies may be filled by stockholders at a special meeting
called for the purpose.
If authorized by the bank's by-laws or an amendment thereto, the directors
of a State bank may properly fill a vacancy or vacancies arising between
shareholders' meetings, but at no time may the number of directors selected to
fill a vacancy in this manner during any interim period between shareholders'
meetings exceed 33 1/3% of the total membership of the board of directors.
(4) The board of directors shall hold regular meetings at least
once
each month, provided that, upon prior written approval by the Commissioner,
the board of directors may hold regular meetings less frequently than once
each month but at least once each calendar
quarter. A special meeting of the board of directors may be held as
provided by the by-laws. A special meeting of the board of directors may
also be held upon call by the Commissioner or a bank examiner appointed
under the provisions of this Act upon not less than 12 hours notice of
the meeting by personal service of the notice or by mailing the notice to
each of the directors at his residence as shown by the books of the bank.
A majority of the board of directors shall constitute a quorum for the
transaction of business unless a greater number is required by the charter
or the by-laws. The act of the majority of the directors present at a
meeting at which a quorum is present shall be the act of the board of
directors unless the act of a greater number is required by the charter
or by the by-laws.
(5) A member of the board of directors shall be elected
president.
The board of directors may appoint other officers, as the by-laws may
provide, and fix their salaries to carry on the business of the bank. The
board of directors may make and amend by-laws (not inconsistent with this
Act) for the government of the bank and may, by the affirmative vote of a
majority of the board of directors, establish reasonable compensation of
all directors for services to the corporation as directors, officers, or
otherwise. An officer, whether elected or appointed by the board of
directors or appointed pursuant to the by-laws, may be removed by the board
of directors at any time.
(6) The board of directors shall cause suitable books and
records of all
the bank's transactions to be kept.
(7) (a) In discharging the duties of their respective positions, the board of directors, committees of the board, and individual directors may, in considering the best long term and short term interests of the bank, consider the effects of any action (including, without limitation, action that may involve or relate to a merger or potential merger or to a change or potential change in control of the bank) upon employees, depositors, suppliers, and customers of the corporation or its subsidiaries, communities in which the main banking premises, branches, offices, or other establishments of the bank or its subsidiaries are located, and all pertinent factors.
(Source: P.A. 91-452, eff. 1-1-00; 92-476, eff. 8-23-01.)
(205 ILCS 5/16.1) (from Ch. 17, par. 323.1)
Sec. 16.1.
One or more of the directors may be removed, with or without
cause, at
a meeting of shareholders by the affirmative vote of the holders of a
majority of the outstanding shares then entitled to vote at an election of
directors, except as follows:
(1) No director shall be removed at a meeting of shareholders unless the
notice of the meeting shall state that a purpose of the meeting is to vote
upon the removal of one or more directors named in the notice. Only the
named director or directors may be removed at that meeting.
(2) In the case of a bank having cumulative voting, if less than the
entire board is to be removed, no director may be removed if the votes cast
against his or her removal would be sufficient to elect him or her if then
cumulatively voted at an election of the entire board of directors.
(3) If a director is elected by a class or series of shares, he or she
may be removed only by the shareholders of that class or series.
(4) In the case of a State bank whose board is classified as provided
in paragraph (3) of Section 16 of this Act, the charter or the
by-laws may
provide that directors may be removed only for cause.
(Source: P.A. 92-483, eff. 8-23-01.)
(205 ILCS 5/16.5)
Sec. 16.5.
Employment of persons with convictions.
Except with the prior
written consent of the Commissioner, no State bank shall
knowingly
employ or otherwise
permit an individual to serve as an officer, director, employee, or agent of
the State bank if the individual has been convicted of a felony or of any
criminal offense relating to dishonesty or breach of trust.
(Source: P.A. 90-301, eff. 8-1-97.)
(205 ILCS 5/17) (from Ch. 17, par. 324)
Sec. 17.
Changes in charter.
(a) By compliance with the provisions of
this Act a State bank may:
(b) To effect a change or changes in a State bank's charter as
provided for in this Section 17:
(c) The purchase and holding and later resale of treasury stock of a
state bank pursuant to the provisions of subsection (6) of Section 14 may
be accomplished without a change in its charter reflecting any decrease or
increase in capital stock.
(d) A State bank may amend its charter for the purpose of authorizing its
board of directors to issue preferred stock; to increase, decrease, or change
the par value of shares of its preferred stock, whether issued or
unissued; or to increase, decrease, or change the preferences, qualifications,
limitations, restrictions, or special or relative rights of its preferred
stock,
whether issued or unissued; provided that in no case shall the capital be
diminished to the prejudice of the bank's creditors. An amendment to the
bank's charter granting such authority shall establish ranges, limits, or
restrictions that must be observed when the board exercises the discretion
authorized by the amendment.
Once such an amendment is adopted and approved as
provided in this subsection, and without further action by the bank's
stockholders, the board may exercise its delegated authority by adopting a
resolution specifying the actions that it is taking with respect to the
preferred stock. The board may fully exercise its delegated authority through
one resolution or it may exercise its delegated authority through a series of
resolutions, provided that the board's actions remain at all times within the
ranges, limitations, and restrictions specified in the amendment to the bank's
charter.
A resolution adopted by the board under this authority shall be
submitted to the Commissioner for approval. The Commissioner shall approve the
resolution, or state any objections to the resolution, within 30 days after
the receipt of the resolution adopted by the board. If no objections are
specified by the Commissioner within that time frame, the resolution will be
deemed to be approved by the Commissioner. Once approved, the resolution shall
be incorporated as an addendum to the bank's charter and the board may proceed
to effect the changes set forth in the resolution.
(Source: P.A. 92-483, eff. 8-23-01; 93-561, eff. 1-1-04.)
(205 ILCS 5/18) (from Ch. 17, par. 325)
Sec. 18. Change in control.
(a) Before any person, whether acting directly or indirectly or through or in concert with one or more persons, may cause (i) a change to occur in the ownership of outstanding
stock of any State bank, whether by sale and purchase, gift, bequest or
inheritance, or any other means, including the acquisition of stock of the
State bank by any bank holding company, which will result in control or a
change in the
control of the bank, or (ii) a change to occur in the control of a holding company
having control of the outstanding stock of a State bank whether by sale and
purchase, gift, bequest or inheritance, or any other means, including the
acquisition of stock of such holding company by any other bank holding
company, which will result
in control or a change in control of the bank or holding company, or (iii) a
transfer of substantially all the assets or liabilities of the State bank,
the Secretary
shall be of the opinion and find:
(b) Any person desiring to purchase control of an existing State bank, to
purchase substantially all the assets, or to assume substantially all the
liabilities of the State bank shall, prior to that purchase, submit to the Secretary:
A person who has submitted information to the Secretary pursuant to
this subsection (b) is under a continuing obligation until the Secretary
takes action on the application to immediately supplement
that
information if there are any material changes in the information previously
furnished
or if there are any material changes in any circumstances that may affect the Secretary's
opinion and findings. In addition, a person submitting
information
under this subsection shall notify the Secretary of the date when the change
in control
is finally effected.
The Secretary may impose such terms and conditions on the approval
of the change in control application as he deems necessary or appropriate.
If an applicant, whose application for a change in control has been approved
pursuant to subsection (a) of this Section, fails to effect the change in
control within
180 days after the date of the Secretary's approval, the Secretary shall
revoke that approval unless a request has been submitted, in writing, to
the Secretary for an extension and the request has been approved.
(b-1) Any person, whether acting directly or indirectly or through or in concert with one or more persons, who obtains ownership of stock of an existing State bank or
stock of a holding company that controls the State bank by gift, bequest, or
inheritance such that ownership of the stock would constitute control of the
State bank or holding company may obtain title and ownership of the stock, but
may not exercise management or control of the business and affairs of the bank
or vote his or her shares so as to exercise management or control unless and
until the Secretary approves an application for the change of control as
provided in subsection (b) of this Section.
(b-3) The provisions of this Section do not apply to an established holding company acquiring control of a State bank if the transaction is subject to approval under Section 3 of the federal Bank Holding Company Act, the Federal Deposit Insurance Act, or the federal Home Owners' Loan Act.
(c) Whenever a State bank makes a loan or loans, secured, or to be
secured, by 25% or more of the outstanding stock of a State bank, the
president or other chief executive officer of the lending bank shall
promptly report such fact to the Secretary upon obtaining knowledge of
such loan or loans, except that no report need be made in those cases where
the borrower has been the owner of record of the stock for a period of one
year or more, or the stock is that of a newly organized bank prior to its
opening.
(d) The reports required by subsection (b) of this
Section 18, other than those relating to a transfer of assets or assumption
of liabilities, shall contain the following information to the extent that it
is
known by the person making the report: (1) the number of shares involved;
(2) the names of the sellers (or transferors); (3) the names of the
purchasers (or transferees); (4) the names of the beneficial owners if the
shares are registered in another name: (5) the purchase price, if
applicable; (6) the
total number of shares owned by the sellers (or transferors), the
purchasers (or transferees) and the beneficial owners both immediately
before and after the transaction; and, (7) in the case of a loan, the name
of the borrower, the amount of the loan, the name of the bank issuing
the stock securing the loan and the number of shares securing the loan. In
addition to the foregoing, such reports shall contain such other
information which is requested by the Secretary to inform the Secretary
of the effect of the transaction upon control of the bank
whose stock is involved.
(d-1) The reports required by subsection (b) of this Section 18 that
relate to purchase of assets and assumption of liabilities shall contain the
following information to the extent that it is known by the person making the
report: (1) the value, amount, and description of the assets transferred; (2)
the amount, type, and to whom each type of liabilities are owed; (3) the names
of the purchasers (or transferees); (4) the names of the beneficial owners if
the shares of a purchaser or transferee are registered in another name; (5) the
purchase price, if applicable; and, (6) in the case of a loan obtained to
effect a purchase, the name of the borrower, the amount and terms of the loan,
and the description of the assets securing the loan. In addition to the
foregoing,
these reports shall contain any other information that is requested by the Secretary
to inform the Secretary of the effect of the transaction upon
the bank from which assets are purchased or liabilities are transferred.
(e) Whenever such a change as described in subsection (a) of this
Section 18 occurs, each State bank shall report promptly to the Secretary
any changes or replacement of its chief executive officer or
of any director occurring in the next 12 month period, including in its
report a statement of the past and current business and professional
affiliations of the new chief executive officer or directors.
(f) (Blank).
(g)(1) Except as otherwise expressly provided in this subsection (g),
the Secretary
shall not approve an application for a change in control if upon
consummation of the change in control the persons applying for the change in
control, including any affiliates of the persons applying, would control 30% or
more of the total amount of deposits which are located in this State at insured
depository institutions. For purposes of this subsection (g), the words
"insured
depository institution" shall mean State banks, national banks, and insured
savings associations. For purposes of this subsection (g), the word "deposits"
shall have the meaning ascribed to that word in Section 3(l) of the Federal
Deposit Insurance Act. For purposes of this subsection (g), the total amount of
deposits which are considered to be located in this State at insured depository
institutions shall equal the sum of all deposits held at the main banking
premises and branches in the State of Illinois of State banks, national banks,
or insured savings associations. For purposes of this subsection (g), the word
"affiliates" shall have the meaning ascribed to that word in Section 35.2 of
this Act.
(2) Notwithstanding the provisions of paragraph (1) of this subsection,
the Secretary may approve an application for a change in control for a bank
that is in default or in danger of default. Except in those instances in which
an application for a change in control is for a bank that is in default or in
danger of default, the Secretary may not approve a change in control which
does not meet the requirements of paragraph (1) of this subsection. The Secretary
may not waive the provisions of paragraph (1) of this subsection,
whether pursuant to Section 3(d) of the federal Bank Holding Company Act of
1956 or Section 44(d) of the Federal Deposit Insurance Act, except as expressly
provided in this paragraph (2) of this subsection.
(h) As used in this Section:
"Control" means the power, directly
or indirectly, to direct the management or policies of the bank or to vote 25%
or more of the outstanding stock of the bank. If there is any question as to whether a change in control application
should be filed,
the question shall be resolved in favor of filing the application with the
Secretary.
"Substantially all" the assets or
liabilities of a State bank means that portion of the assets or
liabilities of a State bank such that their purchase or transfer will
materially impair the ability of the State bank to continue successful,
safe, and sound operations or to continue as a going concern or would
cause the bank to lose its federal deposit insurance.
"Purchase" includes a transfer by gift,
bequest, inheritance, or any other means.
As used in this Section, a person is acting in concert if that person is acting in concert under federal laws or regulations.
(Source: P.A. 100-888, eff. 8-14-18; 101-81, eff. 7-12-19.)
(205 ILCS 5/19.1) (from Ch. 17, par. 326.1)
Sec. 19.1.
As used in Sections 20 through 30 both inclusive of this Act and
for
purposes of any Section of the Illinois Bank Holding Company Act of 1957, the
existence of a bank converted from a State
bank to a national bank or vice versa, or from a trust company to a State
bank, or from a State bank to an insured savings association or vice versa
shall be measured from the date of the charter of the original entity.
(Source: P.A. 89-567, eff. 7-26-96.)
(205 ILCS 5/19.2)
Sec. 19.2.
For purposes of Sections 20 through 30 both inclusive of this
Act, a "stockholder" shall include, without limitation, a "member" or
other designation of holders of ownership or voting interest in an insured
savings association.
(Source: P.A. 89-567, eff. 7-26-96.)
(205 ILCS 5/20) (from Ch. 17, par. 327)
Sec. 20.
Resulting national bank or insured savings association.
Nothing in this Act shall be construed to require the approval of any
Illinois State authority as a condition to the right of a State bank,
pursuant to the laws of the United States or of this State, to be converted
into a national
bank or insured savings association or to merge with an insured savings
association or with a national bank under a national charter. The action
to be taken by such merging or converting State bank and its rights and
liabilities and those of its stockholders and of its dissenting
stockholders shall be the same as those prescribed for a State bank merging
with, or converting into, a national bank or insured savings association that
has received its charter from an agency of the United States Government at
the time of the action by the
law of the United States and not by the law of this State unless the State
bank merges with or converts to a savings and loan association or savings bank
chartered under the laws of this State, except that an
affirmative vote of the holders of at least two-thirds of the outstanding
shares of stock of a State bank entitled to vote at a meeting called in
conformity with Section 23 shall be required for the merger or
conversion. Upon the completion of a merger or conversion, resulting in a
national bank or insured savings association, the charter of any merging or
converting State bank shall
automatically terminate. Approval by the Commissioner to convert a State
bank to a national bank or insured savings association or to merge a State
bank into a national bank
or insured savings association shall not be required under this Act.
However, any
such converting or merging State bank shall notify the Commissioner in
writing of the proposed
conversion or merger not less than 30 days prior to such
conversion or merger and shall pay all accrued or
outstanding assessments pursuant to Section 48 of this Act as of the date
of conversion or merger.
(Source: P.A. 89-567, eff. 7-26-96.)
(205 ILCS 5/21) (from Ch. 17, par. 328)
Sec. 21.
Resulting State bank.
(a) Upon approval by the Commissioner, banks may be merged to result in a
State bank, and a national bank or insured savings association
may
convert
into a State bank as prescribed
by this Act, except that the action by a national bank or an insured savings
association shall be taken in
the manner prescribed by and shall be subject to limitations and
requirements imposed by the law of the United States or the laws of the State
of Illinois, which shall also
govern the rights of its dissenting stockholders.
(b) Upon approval by the Commissioner, a State bank may be merged with
an insured savings association resulting in a State bank except that the
merger of an insured savings association shall be in the manner
prescribed by and shall be subject to limitations and requirements imposed
by the laws of the State of Illinois, including this Act, and the laws of
the United States.
(c) On or after June 1, 1997, a State bank, the deposits of which are
insured by the Federal Deposit Insurance Corporation, may merge with an
out-of-state
bank. When the resulting bank will be a State bank, the merger shall be
subject to the provisions and requirements of this Act. When the resulting
bank will be an out-of-state bank, the merger shall be in the manner prescribed
by and shall be subject to the limitations and requirements imposed by the laws
of the other State, except that if the laws of the other state do not provide
rights for dissenting shareholders that are comparable to those provided by
Section 29 of this Act, then the rights of the dissenting stockholders of
the State bank shall be governed by Section 29 of this Act.
(Source: P.A. 89-208, eff. 9-29-95; 89-567, eff. 7-26-96.)
(205 ILCS 5/21.1)
Sec. 21.1.
Application for certificate of authority.
(a) On or after June 1, 1997, an out-of-state bank may merge with a State bank after executing and
filing not less than 60 days before the proposed
effective date of
the merger an application therefor with the Commissioner and after also
filing with the Commissioner a copy of its charter, articles of
association or articles of
incorporation, and all amendments thereto, duly authenticated by the proper
officer of the state wherein it
is chartered or incorporated and the last quarterly statement of condition
filed by the out-of-state bank with the appropriate federal banking regulator.
The Commissioner shall specify the form of the application which shall set
forth, to the extent applicable, the same information required in an
application by a foreign corporation pursuant to Section 13.15 of the Business
Corporation Act of 1983.
Subject to Sections 21.2 and 21.3 of this Act, receipt by the Commissioner of
a copy of an application filed with and approved by the out-of-state bank's
chartering authority authorizing the out-of-state bank to merge with a State
bank shall satisfy the filing requirements of this subsection (a).
When the provisions of this Section have been complied with, the
Commissioner shall issue a certificate of authority to merge. If the merger is
not consummated within one year, the Commissioner may cancel the certificate of
authority.
(b) An out-of-state bank that is the resulting bank in a merger with a State
bank may, after the merger, establish and maintain a branch or branches in
Illinois at the locations where the State bank had its main office and branches
immediately before the merger.
(c) An out-of-state bank that establishes and maintains a branch or branches
in Illinois pursuant to subsection (b) of this Section may, after the merger,
establish and maintain additional branches in this State to the same extent as
a State bank.
(d) A branch of an out-of-state bank may not conduct any activity that is
not authorized for a State bank.
(e) An out-of-state bank shall provide written notice to the Commissioner of
its intent to establish an additional branch or branches in this State within
30 days after approval of the appropriate federal banking agency to establish
the branch or branches. The notice form
shall be specified by the Commissioner and may include any of the
information required for a similar notice by a State bank.
Receipt by the Commissioner of notice of the out-of-state bank's intent to
establish such additional branch or branches in this State from the
out-of-state bank's chartering authority shall satisfy the requirements of this
subsection (e).
(Source: P.A. 89-208, eff. 9-29-95; 90-665, eff. 7-30-98.)
(205 ILCS 5/21.2)
Sec. 21.2. Interstate mergers; minimum age requirement.
(a) No out of state bank and no national bank whose main banking premises is
located in a state other than Illinois shall merge with or into, or shall
acquire all or substantially all of the assets of an Illinois bank that has
existed and continuously operated as a bank for 5 years or less.
(b) For purposes of subsection (a) of this Section, an Illinois bank that is
the resulting bank following a merger involving an Illinois interim bank shall
be considered to have been in existence and continuously operated during the
existence and continuous operation of the Illinois merged bank. As used in this
subsection (b), the words "interim bank" shall mean a bank which shall not
accept deposits, make loans, pay checks, or engage in the general business of
banking or any part thereof, and is chartered solely for the purpose of merging
with or acquiring control of, or acquiring all or substantially all of the
assets of an existing Illinois bank.
(c) The provisions of subsection (a) of the Section shall not apply to the
merger or acquisition of all or substantially all of the assets of an Illinois
bank:
(Source: P.A. 93-965, eff. 8-20-04.)
(205 ILCS 5/21.3)
Sec. 21.3.
Mergers; deposit concentration limits.
(a) Except as otherwise expressly provided in this Section, no bank shall
merge with or into or acquire control of, or acquire all or substantially all
of the assets of, a State bank or a national bank whose main banking premises
is located in Illinois if, upon consummation of the merger or acquisition, the
bank, including any affiliates of the bank, would control 30% or more of the
total amount of deposits which are located in this State at insured depository
institutions. For purposes of this subsection (a) the words "insured depository
institution" shall mean State banks, national banks, and insured savings
associations. For purposes of this subsection (a), the word "deposits" shall
have the meaning ascribed to that word in Section (3)(1) of the Federal Deposit
Insurance Act. For purposes of this subsection (a), the total amount of
deposits which are considered to be located in this State at insured depository
institutions shall equal the sum of all deposits held at the main banking
premises and branches in the State of Illinois of State banks, national banks,
and insured savings associations. For purposes of this Section, the word
"affiliates" shall have the meaning ascribed to that word in Section 35.2 of
this Act.
(b) Notwithstanding the provisions of subsection (a) of this Section, the
Commissioner or the appropriate federal banking agency may approve a merger or
acquisition of a bank that is in default or in danger of default. The
provisions of subsection (a) of this Section may not be waived, whether
pursuant to Section 3(d) of the federal Bank Holding Company Act of 1956 or
Section 44(d) of the Federal Deposit Insurance Act, except as expressly
provided
in this subsection (b).
(Source: P.A. 90-226, eff. 7-25-97.)
(205 ILCS 5/21.4)
Sec. 21.4. Out-of-state banks establishing branches.
(a) No out-of-state bank and no national bank whose main banking premises is located in a state other than Illinois shall establish a branch in this State, other than a branch authorized pursuant to Section 21.1 of this Act, unless:
(b) Before such out-of-state bank may establish a branch in this State, the out-of-state bank must obtain a certificate of authority from the Commissioner. The out-of-state bank must file an application for a certificate of authority on a form prescribed by the Commissioner.
The application for a certificate of authority shall not be required if the state in which the out-of-state bank is chartered permits a state bank to establish a branch in that state without filing an application. An out-of-state bank chartered in such a state may establish a branch in this State pursuant to this Section after providing the Commissioner with written notice. The Commissioner may prescribe the form of such notice and may accept a copy of a notice or application provided by the out-of-state bank to its chartering authority or to its appropriate federal banking agency.
(c) The determination of whether the laws of the state in which such out-of-state bank or national bank has its main banking premises are reciprocal with the provisions of this Act shall be made in writing by the Commissioner. The Commissioner shall not make a finding of reciprocity unless the Commissioner determines that the laws of the other state permit a State bank to establish a branch in such other state under terms and conditions that are substantially similar to the provisions of this Section. The Commissioner shall consider, at a minimum, whether the laws of such other state discriminate in any way against a State bank and whether the laws of such other state impose administrative or regulatory burdens that are substantially more restrictive than those imposed by this Act on an out-of-state bank or national bank seeking to establish a branch in this State.
(d) After such out-of-state bank or national bank lawfully establishes a branch in this State pursuant to the provisions of this Section, such out-of-state bank or national bank may establish and maintain additional branches in this State to the same extent as a State bank. An out-of-state bank shall provide written notice to the Commissioner of its intent to establish an additional branch or branches in this State within 30 days after receiving approval from the appropriate federal banking agency to establish the branch or branches. The form of the notice shall be specified by the Commissioner.
(e) A branch of an out-of-state bank may not conduct any activity that is not authorized for a State bank.
(Source: P.A. 93-965, eff. 8-20-04.)
(205 ILCS 5/21.5)
Sec. 21.5. Prohibition against establishment of branches on or near the premises of certain affiliates.
(a) For purposes of this Section:
"Affiliate" has the meaning ascribed to that term in item (1) of subsection (b) of Section 35.2 of this Act, except that for purposes of this Section, the provisions in item (1) of subsection (b) of Section 35.2 shall apply to all banks.
"Bank" has the meaning ascribed to that term in the Federal Deposit Insurance Act and includes any out-of-state bank.
"Bank holding company" and "financial holding company" have the meanings ascribed to those terms in the federal Bank Holding Company Act of 1956.
(b) Notwithstanding any other law of this State, no bank may establish or maintain a branch that accepts deposits on or adjacent to the premises of an affiliate of the bank if the affiliate engages in any commercial activity that could not lawfully be conducted by a bank holding company, a financial holding company, or a subsidiary of the bank holding company or financial holding company, pursuant to federal law.
(c) This Section shall not apply to an affiliate that operates solely for the purpose of owning or leasing the real estate on which the branch that accepts deposits is located.
(d) This Section shall not be construed to prohibit the maintenance of a branch that was established prior to May 10, 2007, or the conduct of any transactions that were lawfully being conducted at the branch prior to May 10, 2007.
(e) The Commissioner may make and enforce reasonable rules, regulations, directions, orders, decisions, and findings as the execution and enforcement of the provisions of this Section require.
(Source: P.A. 95-526, eff. 8-28-07.)
(205 ILCS 5/22) (from Ch. 17, par. 329)
Sec. 22.
Merger procedure; resulting State bank.
The merger procedure
required of a State bank where there is to be a resulting State bank by
consolidation or merger shall be:
(Source: P.A. 92-483, eff. 8-23-01.)
(205 ILCS 5/23) (from Ch. 17, par. 330)
Sec. 23.
Merger; approval by stockholders.
To be effective, even though
approved by the Commissioner, a merger that is to result in a State bank must
be approved by the affirmative vote of the holders of at least two-thirds of
the outstanding shares of stock of the State bank entitled to vote at a
meeting called to
consider the action, unless holders of preferred stock are entitled to vote as
a class in respect thereof, in which event the proposed merger shall be adopted
upon receiving the affirmative vote of the holders of at least two-thirds of
the outstanding shares of each class of shares of the State bank entitled
to vote as a class in
respect thereof and of the total outstanding shares entitled to vote at the
meeting, and must be approved by the stockholders of each merging national
bank or insured savings association and, after May 31, 1997, each out-of-state
bank as provided by the laws of Illinois, the laws of the state that
chartered the out-of-state bank and the
laws of the United States. The prescribed vote by the merging banks or
insured savings
association shall constitute the adoption of the charter and
by-laws of the continuing State bank, including the amendments in the
merger agreement, as the charter and by-laws of the resulting bank. Written
or printed notice of the meeting of the stockholders
shall be given to each stockholder of record entitled to vote at the
meeting at least 30 days before the meeting and in the manner provided
in this Act for the giving of notice of meetings of stockholders. The notice
shall State that dissenting stockholders will be entitled to payment of the
value of those shares that are voted against approval of the merger, if a
proper demand is made on the resulting bank and the requirements of this
Act are satisfied as specified in Section 29 of this Act.
(Source: P.A. 89-208, eff. 9-29-95; 89-541, eff. 7-19-96.)
(205 ILCS 5/24) (from Ch. 17, par. 331)
Sec. 24.
Effective date of merger; filing.
The executed merger
agreement together with copies of the resolutions of the stockholders of each
merging bank or insured savings association approving it, certified by the
bank's or insured savings association's president or vice-president or the
cashier, shall be filed with the Commissioner. A merger that is to result in a
State bank shall, unless a later date is specified in the agreement, become
effective when the Commissioner has approved the agreement and issued a
certificate of merger to the continuing bank. The charters of the merging banks
or insured savings association, other than the continuing bank, shall
thereupon automatically terminate. If, after May 31, 1997, the merger will
result in an out-of-state bank, the charter of a merging State bank shall
terminate upon notice to the Commissioner that the merger is effective.
The certificate of merger shall specify the
name of each merging bank or insured savings association and the name
of the continuing bank, and the amendments to the charter of the continuing
bank provided for by the merger agreement. The certificate shall be conclusive
evidence of the merger and of the correctness of all proceedings therefor in
all courts and places.
(Source: P.A. 89-208, eff. 9-29-95; 90-665, eff. 7-30-98.)
(205 ILCS 5/25) (from Ch. 17, par. 332)
Sec. 25.
Conversion of national bank or insured savings association into
State bank.
A national bank or insured savings association located in this State which
follows the procedure
prescribed by the laws of the United States or of the State of Illinois to
convert into a State bank
may be granted a charter by the Commissioner. The national bank or insured
savings association may apply
for such charter by filing with the Commissioner:
(1) A certificate signed by its president, or a vice-president, or the
cashier, and by a majority of the entire board of directors setting forth
the corporate action taken in compliance with the provisions of the laws of
the United States or of the State of Illinois governing the conversion of a
national bank or insured savings association to a State bank;
(2) The plan of conversion and the proposed charter approved by the
stockholders for the operation of the bank or insured savings association
as a State bank;
(3) The name proposed for the converting bank or insured savings
association, its location and a list
of its stockholders as of the date of the stockholders' approval of the
plan of conversion;
(4) The amount of its Tier 1 capital, the classes and the number of the shares of stock and the par
value of each share, and a detailed statement showing the assets and
liabilities of the converting bank or insured savings association; and
(5) A statement that the plan of conversion is subject to the approval
of the Commissioner and that whether approved or disapproved the converting
bank or insured savings association will pay the Commissioner's expenses of
examination.
For purposes of this Section, a national bank or insured savings
association is located in the State where its main banking premises or main
office is located.
(Source: P.A. 92-483, eff. 8-23-01.)
(205 ILCS 5/26) (from Ch. 17, par. 333)
Sec. 26.
Converting national banks or insured savings association;
issuance of charter to resulting State bank.
After receipt by the Commissioner of the papers specified in Section
25, he shall approve or disapprove the plan of conversion. The
Commissioner shall not approve the plan of conversion unless he shall be of
the opinion and finds:
(a) That the resulting bank meets the requirements of this Act for the
formation of a new bank at the proposed place of business of the resulting
bank;
(b) That the same matters exist in respect of the resulting bank which
would have been required under Section 10 of this Act for the
organization of a new bank; and
(c) That the plan of conversion is fair to all persons affected.
If the Commissioner disapproves the plan of conversion, he shall state
his objections in writing and give an opportunity to the converting bank or
insured savings association to
amend the plan of conversion to obviate such objections. The conversion,
unless a later date is specified in the plan of conversion, shall become
effective upon the Commissioner's approval and the charter proposed in the
plan of conversion shall constitute the charter. The Commissioner shall
issue a certificate of conversion which shall specify the name of the
converting bank or insured savings association, the name of the resulting
bank, and the charter provided
for by said plan of conversion. Such certificate shall be conclusive
evidence of the conversion and of the correctness of all proceedings
therefor in all courts and places, and such certificate shall be recorded.
(Source: P.A. 89-567, eff. 7-26-96.)
(205 ILCS 5/27) (from Ch. 17, par. 334)
Sec. 27.
Commissioner's expenses.
The expenses of any examination made by the
Commissioner or at his direction in connection with a proposed merger or a
proposed conversion shall be paid by the merging banks or insured savings
association or by the converting bank or insured savings association. In
any merger under the provisions of
Section 31 of this Act, the continuing or resulting bank, or if the proposed
merger is not consummated, the bank that would have been the continuing or
resulting bank shall pay the expenses of any examination made by the
Commissioner or at his direction in connection with the merger.
(Source: P.A. 89-567, eff. 7-26-96.)
(205 ILCS 5/28) (from Ch. 17, par. 335)
Sec. 28. Continuation of corporate entity. A resulting State bank,
national bank or, after May 31, 1997, out-of-state bank
shall be considered the same business and corporate entity as each merging bank
or insured savings association or as the converting bank or insured savings
association with all the property,
rights, powers, duties, and obligations of each merging bank or of the
converting bank or insured savings association except as affected by the
State law in the case of a resulting
State bank or out-of-state bank or by the national law in the case of a
resulting national bank, and
by the charter and by-laws of the resulting bank. A resulting bank shall be
liable for all liabilities of the merging banks, insured savings association,
or converting bank or insured savings association, and all the rights,
franchises and interests of the merging
banks, insured savings association, or converting bank or insured savings
association in and to every species
of property, real, personal, and mixed, and choses in action thereunto
belonging, shall be deemed to be transferred to and vested in the
resulting bank without any deed or other transfer, and the resulting bank,
without any order or other action on the part of any court or otherwise,
shall hold and enjoy the same and all rights of property, franchises, and
interests, including appointments, designations, and nominations and all
other rights and interests as trustee, executor, administrator, registrar
or transfer agent of stocks and bonds, guardian, assignee, receiver, and in
every other fiduciary capacity, in the same manner and to the same extent as
was held and enjoyed by the merging banks, insured savings association, or the
converting bank or insured savings association. Any reference to a merging
or converting bank or a merging or converting
insured savings association in any writing, whether executed or taking effect
before or after the merger or conversion, shall be deemed a reference to the
resulting bank if not inconsistent with the other provisions of the writing.
(Source: P.A. 101-81, eff. 7-12-19.)
(205 ILCS 5/29) (from Ch. 17, par. 336)
Sec. 29.
Dissenting stockholders.)
If a stockholder of a state bank which is a party to a merger other than
a merger which is to result in a national bank, shall file with such bank
prior to or at the meeting of stockholders at which the plan of merger is
submitted to a vote, a written objection to such plan or merger, and shall
not vote in favor thereof, and such stockholder, within 20 days after
receiving written notice of the date the merger became effective,
shall make written demand on the continuing bank
for payment of the fair value of his shares as of the day prior to the date
on which the vote was taken approving the merger, the continuing bank shall
pay to such stockholder, upon surrender of his certificate or certificates
representing said stock, the fair value thereof. Such demand shall state
the number of the shares owned by such dissenting stockholder. The
continuing bank shall provide written notice of the effective date of the
merger to all shareholders who have filed written objections in order that such
dissenting shareholders may know when they must file written demand if they
choose to do so. Any
stockholder failing to make demand within the 20-day period shall be
conclusively presumed to have consented to the merger and shall be bound by
the terms thereof. If within 30 days after the date on which such
merger was effected the value of such shares is agreed upon between the
dissenting stockholders and the continuing bank, payment therefor shall be
made within 90 days after the date on which such merger was effected,
upon the surrender of his certificate or certificates representing said
shares. Upon payment of the agreed value the dissenting stockholder shall
cease to have any interest in such shares or in the continuing bank. If
within such period of 30 days the stockholder and the continuing bank
do not so agree, then the dissenting stockholder may, within 60 days
after the expiration of the 30-day period, file a complaint in
the circuit court asking for a finding and determination of
the fair value of such shares, and shall be entitled to judgment against
the continuing bank for the amount of such fair value as of the day prior
to the date on which such vote was taken approving such merger with
interest thereon to the date of such judgment. The practice, procedure and
judgment shall be governed by the Civil Practice Law of this State. The
judgment shall be payable only upon and simultaneously with the surrender
to the continuing bank of the certificate or certificates representing said
shares. Upon the payment of the judgment, the dissenting stockholder shall
cease to have any interest in such shares or in the continuing bank. Such
shares of stock may be held and disposed of by the continuing bank. Unless
the dissenting stockholder shall file such complaint within the time herein
limited, such stockholder and all persons claiming under him shall be
conclusively presumed to have approved and ratified the merger, and shall
be bound by the terms thereof. The right of a dissenting stockholder to be
paid the fair value of his shares of stock as herein provided shall cease
if and when the continuing bank shall abandon the merger.
(Source: P.A. 85-211.)
(205 ILCS 5/30) (from Ch. 17, par. 337)
Sec. 30.
Conversion; merger with trust company.
Upon approval by the Commissioner a trust company having power so to do
under the law under which it is organized may convert into a state bank or
may merge into a state bank as prescribed by this Act; except that the
action by a trust company shall be taken in the manner prescribed by and
shall be subject to limitations and requirements imposed by the law under
which it is organized which law shall also govern the rights of its
dissenting stockholders. The rights of dissenting stockholders of a state
bank shall be governed by Section 29 of this Act. The conversion or
merger procedure shall be:
(1) In the case of a merger, the board of directors of both the merging
trust company and the merging bank by a majority of the entire board in
each case shall approve a merger agreement which shall contain:
(2) After approval by the board of directors of the merging bank and of
the merging trust company, the merger agreement shall be submitted to the
Commissioner for approval together with the certified copies of the
authorizing resolution of each board of directors showing approval by a
majority of each board.
(3) After receipt by the Commissioner of the papers specified in
subsection (2), he shall approve or disapprove the merger agreement. The
Commissioner shall not approve the agreement unless he shall be of the
opinion and finds:
(4) To be effective, if approved by the Commissioner, a merger of a bank
and a trust company where there is to be a resulting bank must be approved
by the affirmative vote of the holders of at least two-thirds of the
outstanding shares of stock of the merging bank entitled to vote at a
meeting called to consider such action, unless holders of preferred stock
are entitled to vote as a class in respect thereof, in which event the
proposed merger shall be adopted upon receiving the affirmative vote of the
holders of at least two-thirds of the outstanding shares of each class of
shares entitled to vote as a class in respect thereof and of the total
outstanding shares entitled to vote at such meeting and must be approved by
the stockholders of the merging trust company as provided by the Act under
which it is organized. The prescribed vote by the merging bank and the
merging trust company shall constitute the adoption of the charter and
by-laws of the continuing bank, including the amendments in the merger
agreement, as the charter and by-laws of the resulting bank. Written or
printed notice of the meeting of the stockholders of the merging bank shall be given to each stockholder of record entitled to
vote at such meeting at least thirty days before such meeting and in the
manner provided in this Act for the giving of notice of meetings of
stockholders. The notice shall state that dissenting stockholders of the merging
trust company will be entitled to payment of the value of those shares
which are voted against approval of the merger, if a proper demand is made
on the resulting bank and the requirements of the Act under which the
merging trust company is organized are satisfied.
(5) Unless a later date is specified in the merger agreement, the merger
shall become effective upon the filing with the Commissioner of the
executed merger agreement, together with copies of the resolutions of the
stockholders of the merging bank and the merging trust company approving
it, certified by the president or a vice-president or, the cashier and also
by the secretary or other officer charged with keeping the records. The
charter of the merging trust company shall thereupon automatically
terminate. The Commissioner shall thereupon issue to the continuing bank a
certificate of merger which shall specify the name of the merging trust
company, the name of the continuing bank and the amendments to the charter
of the continuing bank provided for by the merger agreement. Such
certificate shall be conclusive evidence of the merger and of the
correctness of all proceedings therefor in all courts and places including
the office of the Secretary of State, and said certificate shall be
recorded.
(6) In the case of a conversion, a trust company shall apply for a
charter by filing with the Commissioner:
(7) After receipt by the Commissioner of the papers specified in
subsection (6), he shall approve or disapprove the plan of conversion. The
Commissioner shall not approve the plan of conversion unless he shall be of
the opinion and finds:
If the commissioner disapproves the plan of conversion, he shall state
his objections in writing and give an opportunity to the converting trust
company to obviate such objections.
(8) Unless a later date is specified in the plan of conversion, the
conversion shall become effective upon the Commissioner's approval, and the
charter proposed in the plan of conversion shall constitute the charter of
the resulting bank. The Commissioner shall issue a certificate of
conversion which shall specify the name of the converting trust company,
the name of the resulting bank and the charter provided for by said plan of
conversion. Such certificate shall be conclusive evidence of the conversion
and of the correctness of all proceedings therefor in all courts and places
including the office of the Secretary of State, and such certificate shall
be recorded.
(9) In the case of either a merger or a conversion under this Section
30, the resulting bank shall be considered the same business and corporate
entity as each merging bank and merging trust company or as the converting
trust company with all the property, rights, powers, duties and obligations
of each as specified in Section 28 of this Act.
(Source: P.A. 91-357, eff. 7-29-99.)
(205 ILCS 5/30.5)
Sec. 30.5.
Mid-tier bank holding company merger with State bank.
Upon
approval
by the Commissioner, a mid-tier bank holding company having power so to do
under the law under which it is organized may merge into its subsidiary State
bank as prescribed by this Act; except that the action by the mid-tier bank
holding company shall be taken in the manner prescribed by and shall be subject
to limitations and requirements imposed by the law under which it is organized.
The merger procedure shall be as follows:
(1) The board of directors of the parent bank holding company shall, by
resolution, approve a merger agreement which shall contain:
(2) After approval by the board of directors of the parent bank holding
company,
the merger agreement shall be submitted to the Commissioner for approval.
(3) After receipt by the Commissioner of the papers specified in item
(2), he shall approve or disapprove the merger agreement. The Commissioner
shall not approve the agreement unless he shall be of the opinion and finds
that the same matters exist in respect of the continuing bank which would have
been required under Section 10 of this Act for the organization of a new bank,
that the mid-tier bank holding company has no known liabilities that will
become liabilities of the continuing bank, and that the parent bank holding
company will indemnify the continuing bank for any known and unknown contingent
liabilities
for which the continuing bank may become liable as a result of the merger.
Nothing in this Section shall authorize a resulting State bank to acquire,
hold, or invest any asset or to assume or incur any liability that does not
conform to the legal requirements for assets acquired, held, or invested or
liabilities assumed or incurred by State banks, or to engage in any activity in
which a State bank is not authorized to engage as part of a general banking
business. If the Commissioner disapproves the merger agreement, he shall state
his objections in writing and give an opportunity to the merging bank and
mid-tier
bank holding company to obviate the objections.
(4) To be effective, if approved by the Commissioner, a copy of the merger
agreement executed by the duly authorized president of the mid-tier bank
holding company and president of the merging State bank, together with copies
of the resolution of the board of directors of the parent bank holding company,
approving the merger agreement, certified by the parent bank holding company's
president
or vice-president and attested by the secretary, must be filed with the
Commissioner. The merger shall, unless a later date is specified in the
agreement, become effective when the Commissioner has approved the agreement
and issued a certificate of merger to the continuing bank, which shall specify
the name of the mid-tier bank holding company, the name of the continuing bank,
and the amendments to the charter of the continuing bank provided for by the
merger agreement. The charter of the mid-tier bank holding company shall
thereupon automatically terminate. Such certificate shall be conclusive
evidence of the merger and of the correctness of all proceedings therefor in
all courts and places including the office of the Secretary of State, and the
certificate shall be recorded.
(Source: P.A. 92-483, eff. 8-23-01.)
(205 ILCS 5/31) (from Ch. 17, par. 338)
Sec. 31.
Emergency sale of assets, change in control, or merger.
(a) With the prior written approval of the Commissioner, any State bank in
danger of default may, by vote of a majority of its board of directors, and
without a vote of its shareholders, and any State bank in default may, by
appropriate action of its receiver or conservator, and without a vote of
its shareholders, sell all or any part of its assets to another State bank
that is not an eligible depository institution, to a national bank that
is not an eligible depository institution, to an
insured savings association that is not an eligible depository institution,
to the Federal Deposit Insurance Corporation, or to any one or more of
them, provided that a State bank that is not an eligible depository
institution, a national bank that is not an eligible depository
institution, an insured savings association that is not
an eligible depository institution, the Federal Deposit Insurance
Corporation, or any one or more of them assumes in writing all of the
liabilities of the selling bank as shown by its records, other than the
liabilities of the selling bank to its shareholders as such.
(b) If the Commissioner has made one or more of the findings provided in
Section 51, and the finding that an emergency exists as provided in Section
52, and if, in addition, the Commissioner gives his approval in writing,
any State bank may, by vote of a majority of its board of directors
and without a vote of its shareholders, merge with another State bank that
is not an eligible depository institution, a national bank that is not an
eligible depository institution, or an insured
savings association located in Illinois that is not an eligible depository
institution, and after May 31, 1997, an out-of-state bank that is not an
eligible depository institution, with such other State bank, out-of-state
bank, national bank, or insured savings
association being the resulting or continuing bank or resulting insured
savings association in such a merger.
(c) With the prior written approval of the Commissioner, any State
bank may either purchase, assume, or both purchase and assume all or
any part of the assets or liabilities, or act as paying agent for the
payment of deposit insurance to the depositors of an eligible depository
institution.
(d) With the prior written approval of the Commissioner, a State bank
may, by vote of a majority of its board of directors and without a vote of
its shareholders, merge with an insured savings association,
national
bank, or after May 31, 1997, out-of-state bank, in default or
in danger of default, provided such State bank results from such merger,
and provided further that such resulting bank shall conform all assets
acquired or liabilities incurred as a result of such merger to the legal
requirements for such assets acquired, held or invested or liabilities
assumed or incurred by State banks, and that such resulting or continuing
bank shall conform all of its activities to those activities in which a
State bank is authorized to engage as part of a general banking business.
(d-5) If the Commissioner has made one or more of the findings
provided in Section 51 or the finding that an emergency exists as
provided in Section 52, and if, in addition, the Commissioner gives his
approval in writing, a change in the ownership of outstanding
stock of any State bank, including the acquisition of stock of the
State bank by any bank holding company, may occur that will result in control
or
a change in the control of the State bank or a change in the control of a
holding
company having control of the outstanding stock of a State bank, including the
acquisition of stock of such holding company by any other
bank holding company, which will result in control or a change in control
of the bank or holding company.
(e) Nothing in this Section shall authorize a State bank to
acquire,
hold, or invest any asset or to assume or incur any liability that does not
conform to the legal requirements for assets acquired, held, or invested or
liabilities assumed or incurred by State banks, or to engage in any
activity in which a State bank is not authorized to engage as part of a
general banking business.
(f) Nothing in this Section shall authorize a bank holding
company to
own or control, directly or indirectly, a State bank or a national bank
having its main banking premises in Illinois unless such ownership or
control is expressly authorized under the provisions of the Illinois Bank
Holding Company Act of 1957.
(Source: P.A. 92-483, eff. 8-23-01.)
(205 ILCS 5/31.1) (from Ch. 17, par. 338.1)
Sec. 31.1.
Savings association branch; bank branch.
(a) A State bank that purchases an Illinois branch of an
insured savings association that is not an eligible depository institution
may establish and maintain that branch as a branch of the purchasing State
bank.
(b) Nothing in this Section shall authorize a State bank to
acquire,
hold, or invest any asset or to assume or incur any liability that does not
conform to the legal requirements for assets acquired, held, or invested or
liabilities assumed or incurred by State banks, or to engage in any
activity in which a State bank is not authorized to engage as part of a
general banking business.
(Source: P.A. 88-4.)
(205 ILCS 5/32) (from Ch. 17, par. 339)
Sec. 32. Basic loaning limits. The liabilities outstanding at one time
to a state bank of a
person for money borrowed, including the liabilities of a partnership
or joint venture in the liabilities of the several members thereof, shall
not exceed 25% of the amount of the unimpaired capital and
unimpaired surplus
of the bank.
The liabilities to any state bank of a person may exceed 25% of
the unimpaired capital and unimpaired surplus of the bank,
provided
that (i) the excess amount from time to time outstanding is fully secured
by readily marketable collateral having a market value, as determined by
reliable and continuously available quotations, at least equal to the
excess amount outstanding; and (ii) the total liabilities shall
not exceed 30% of the unimpaired capital and unimpaired surplus of the bank.
The following shall not be considered as money borrowed within the meaning
of this Section:
The total liabilities of any one person, for money borrowed, or
otherwise, shall not exceed 25% of the deposits of the bank, and
those total liabilities shall at no time exceed 50% of the amount
of the
unimpaired capital and unimpaired surplus of the bank.
Absent an actual unremedied breach, the obligation or responsibility for
breach of warranties or representations, express or implied, of a person
transferring negotiable or non-negotiable paper to a bank without recourse
and without guaranty of payment, shall not be included in determining the
amount of liabilities of the person to the bank for borrowed money
or otherwise; and in the event of and to the extent of an unremedied breach,
the amount remaining unpaid for principal and interest on the paper in
respect of which the unremedied breach exists shall thereafter for
the purpose of determining whether subsequent transactions giving rise to
additional liability of the person to the state bank for borrowed money or
otherwise are within the limitations of Sections 32 through 34 of this
Act, be included in computing the amount of liabilities of the
person for borrowed money or otherwise.
The liability of a person to a state bank on account of
acceptances
made or issued by the state bank on behalf of the person shall be
included in the computation of the total liabilities of the person for money
borrowed except to the extent the acceptances grow out of
transactions of the character described in subsection (6) of Section 34 of this
Act and are otherwise within the limitations of that subsection;
provided nevertheless
that any such excepted acceptances acquired by the state bank which
accepted the same shall be included in the computation of the liabilities
of the person to the state bank for money borrowed.
The Secretary may adopt rules to address the funding by banks of any loan commitment, when such funding would involve additional extensions of credit to be made after the unimpaired capital and unimpaired surplus of the bank have decreased and the Secretary determines that such decrease in unimpaired capital and unimpaired surplus would cause the additional extensions of credit to result in an unsafe and unsound condition.
(Source: P.A. 96-1365, eff. 7-28-10.)
(205 ILCS 5/32.1) (from Ch. 17, par. 340)
Sec. 32.1.
Loans to Single Females.
No State bank shall require that
single females to whom loans are made have cosigners on promissory notes
negotiated to secure such loans unless such bank shall, under the same or
similar circumstances, also require that single males have cosigners on
promissory notes negotiated to secure loans.
(Source: P.A. 79-556.)
(205 ILCS 5/33) (from Ch. 17, par. 341)
Sec. 33.
Marketable investment securities limit.
Any State bank may purchase
for its own account marketable investment securities without regard to any
other liability to the bank of the issuer, maker, obligor, or guarantor of
any
marketable investment securities, but the total amount of
the marketable investment securities of any one issuer, maker or obligor
held by the
bank or for its account at any one time shall not
exceed 20% of its unimpaired capital and unimpaired surplus. As used in this
Section the term "marketable
investment securities" means marketable obligations evidencing indebtedness of
any
person in the form of bonds, notes, or debentures commonly known as investment
securities; obligations identified by certificates of participation in
investments the bank could have invested in directly; and includes
certificates of participation in open end investment companies registered with
the Securities and Exchange Commission pursuant to the Investment Company Act
of 1940 and Securities Act of 1933 commonly referred to as mutual or money
market funds, provided the portfolios of those investment companies consist of
investments that a bank could invest in directly. Marketable investment
securities shall be rated in the top 4 rating categories by national rating
services and designated as "investment grade" or "bank quality investments"
securities. The rating restriction on marketable investment securities does not
apply to securities that are issued by a public agency as defined
in Section 1 of the Public Funds Investment Act.
(Source: P.A. 92-483, eff. 8-23-01.)
(205 ILCS 5/34) (from Ch. 17, par. 342)
Sec. 34. Exceptions to loans and investment limits.
The limitations in Sections 32, 33, and 35.1 of this Act upon
the
liabilities of any one person and upon the purchase and holding of
marketable investment securities shall not apply:
(Source: P.A. 93-620, eff. 12-15-03.)
(205 ILCS 5/35) (from Ch. 17, par. 343)
Sec. 35.
Exemptions from loan and investment limits.
The limitations in Sections 32, 33, 34, and 35.1 upon the
liabilities of any
one person and upon the purchase or holding of marketable investment
securities shall not apply to the following as to which there shall be no
limitation:
(1) Obligations of, or guaranteed by the United States.
(2) Loans to or obligations of any person to the extent that they are
secured by not less than a like amount of bonds or notes of the United
States, or certificates of indebtedness of the United States, or Treasury
Bills of the United States or obligations fully guaranteed as to both
principal and interest by the United States, or to the extent that the same
shall be secured or covered by guaranty or by commitment or agreement to
take over or purchase, made by any Federal Reserve Bank or by the United
States or any department, bureau, board, commission or establishment of the
United States, including any corporation wholly owned, directly or
indirectly, by the United States.
(3) Obligations of any corporation wholly owned, directly or indirectly,
by the United States or of any agency or instrumentality of the United
States.
(4) General obligations and tax anticipation
warrants of each state of the
United States and general obligations of each municipality located in
whole or in part in the
county in which the bank is located.
(5) Loans to or obligations of any person to the extent that they are
secured by not less than the same amount of general obligations and tax
anticipation warrants of each state of the United States and of each
municipality located in whole or in part in the county in which the bank is
located.
(6) Loans to or obligations of or investments in those subsidiaries,
established or acquired pursuant to subsection (12) of Section 5 of this
Act, all of the stock of which is owned by the bank.
(7) Loans or extensions of credit secured by a segregated deposit account
in the lending bank.
(8) Obligations of the State of Illinois, and obligations guaranteed by the
State of Illinois to the extent of the guarantee.
(9) To the ownership of certificates of participation in open-end
investment companies registered with the Securities and Exchange Commission
under the Investment Company Act of 1940 and Securities Act of 1933,
provided the portfolios of such investment companies consist wholly of
investments in which the bank could invest directly without limitation.
(Source: P.A. 90-301, eff. 8-1-97.)
(205 ILCS 5/35.1) (from Ch. 17, par. 344)
Sec. 35.1.
Lease limitations.
In exercise of the power conferred by paragraph (14) of Section 5 of
this Act to own and lease personal property, a state bank shall be subject
to the following limitations and restrictions in addition to those
contained in that paragraph:
The limitations and restrictions set forth in paragraphs (a), (b) and
(c) above shall apply and be complied with even though such owning and
leasing is carried on by the bank, in whole or in part, through the medium
of a subsidiary as permitted by paragraph (12) of Section 5 of this Act.
In the event a state bank acquires by purchase or discount a lease, or
the sums due and to become due thereunder, of personal property made by a
lessor other than the bank or such a subsidiary, paragraph (b) of this
Section 35.1 shall also apply to the obligation of the lessee under such
lease.
(Source: P.A. 92-573, eff. 6-26-02.)
(205 ILCS 5/35.2) (from Ch. 17, par. 345)
Sec. 35.2. Limitations on investments in and loans to affiliates.
(a) Restrictions on transactions with affiliates.
(b) Definitions. For the purpose of this Section, the following rules
and definitions apply:
(c) Collateral for certain transactions with affiliates.
(d) Exemptions. The provisions of this Section, except paragraph (4) of
subsection (a), shall not be applicable to
the following as to which there shall be no limitation:
(e) Notwithstanding the provisions of this Section, a state bank and its subsidiaries in compliance with the provisions of Regulation W [12 C.F.R. Part 223] promulgated by the Board of Governors of the Federal Reserve, as amended from time to time, shall be deemed to be in compliance with this Section.
This Section shall apply to any transaction entered into after January
1, 1984, except for transactions which are the subject of a binding written
contract or commitment entered into on or before July 28, 1982, and except
that any renewal of a participation in a loan outstanding on July 28, 1982,
to a company that becomes an affiliate as a result of the enactment of this
Act, or any participation in a loan to such an affiliate emanating from the
renewal of a binding written contract or commitment outstanding on July 28,
1982, shall not be subject to the collateral requirements of this Act.
(Source: P.A. 95-77, eff. 8-13-07.)
(205 ILCS 5/36) (from Ch. 17, par. 346)
Sec. 36.
Classification of loans and investments.
For the determination of the character and classification of loans and
investments made by state banks the substantive character of the underlying
security for a loan or of the marketable investment security shall be the
determinant, and the state bank's ownership or interest therein may be
evidenced by warehouse receipts, deposit receipts, shipping documents,
trust receipts, participation certificates, mortgages, conditional sale
agreements, and such other or different instruments of title or of lien as
may establish the bank's ownership in or lien upon the underlying security.
(Source: Laws 1955, p. 83.)
(205 ILCS 5/37) (from Ch. 17, par. 347)
Sec. 37.
Loans to officers and loans on and purchases of bank's own
stock.
(1) No state bank shall make any loan or
extension of credit in excess of the limits, as determined by the
Commissioner, at any one time outstanding each to its president, or to any
of its vice presidents or its salaried officers or employees or directors
or to corporations or firms, controlled by them, or in the management of
which any of them are actively engaged, unless such loan or extension of
credit shall have been first
approved, by the board of directors. The Commissioner shall prescribe such
limits by rules.
(2) It shall not be lawful for a state bank to make any loan or
discount on the security of the shares of its own capital stock or
preferred stock or on the security of its own debentures or evidences of
debt which are either convertible into capital stock or are junior or
subordinate in right of payment to deposit or other liabilities of the
bank.
(3)(a) For purposes of this Section, "control" means (i) ownership,
control, or power to vote 25% or more of the outstanding shares of
any class of voting security of the corporation or firm, directly or
indirectly, or acting through or in concert with one or more other
persons; (ii) control in any manner over the election of a majority
of the directors of the corporation or firm; or (iii) the power to exercise
a controlling influence over the management or policies of the
corporation or firm, directly or indirectly, or acting through or in
concert with one or more persons.
(3)(b) A person does not have the power to exercise a controlling
influence over the management or policies of a corporation or firm
solely by virtue of the person's position as an officer or director of
the corporation or firm.
(3)(c) A person is presumed to have control, including the power to
exercise a controlling influence over the management or policies, of
a corporation or firm if:
(3)(d) A person may rebut a presumption established under subdivision (3)(c)
of this Section by submitting written materials that, in the Commissioner's
judgment, demonstrate an absence of control.
(Source: P.A. 92-483, eff. 8-23-01.)
(205 ILCS 5/38) (from Ch. 17, par. 348)
Sec. 38.
Validation of loans and investments.
Every loan made or obligation or security purchased or discounted in
violation of the provisions of this Act shall be due and payable according
to its terms and the remedy for the recovery of any money loaned or
obligation or security purchased or discounted in violation of the
provisions of this Act or for the enforcement of any agreement, collateral
or otherwise, made in connection with any such loan or obligation or
security shall not be held to be impaired, affected or prohibited by reason
of such violation, but such remedy shall exist notwithstanding the same.
(Source: Laws 1955, p. 83.)
(205 ILCS 5/39) (from Ch. 17, par. 349)
Sec. 39.
Directors' and officers' liability.
(a) Every director or officer of a State bank, who shall
violate,
or participate in, or assent to a violation of Section 32, 33,
34, 35.1, or
35.2 of this Act, or who shall permit any of the officers, agents, or
servants of the state bank to violate the provisions of Section 32, 33,
34, 35.1, or 35.2 of this Act shall be held liable in his or her
personal or
individual capacity for all damages which the State bank, its stockholders,
or any other person shall have sustained in consequence of the violation.
No director or officer of a State bank shall be held liable in his or her
personal or individual capacity under this
Section, however, for a loan, investment, lease, or other transaction
that complied in good faith with the
applicable provisions of Section 32, 33, 34, 35.1, or 35.2, when made or
acquired by the State bank, but later
violated the provisions of Section 32, 33, 34, 35.1, or 35.2 solely because of
a
subsequent reduction in the amount of the unimpaired capital or unimpaired
surplus of the State
bank. Nothing contained
in this Section shall be construed to limit in any way the Commissioner's
powers
and authority including, but not limited to, the powers and authority vested in
the Commissioner by Section 48 of this Act.
(b) By the affirmative vote of the holders of at least two-thirds of the
outstanding shares of stock of a State bank, such vote occurring at any annual
or special meeting of shareholders held pursuant to this Act or occurring
pursuant to the waiver provisions of Section 43 of this Act, a State bank may establish
that a
director is not personally liable to the bank or its shareholders for monetary
damages for a breach of the director's fiduciary duty; provided, however, that
such provision may not eliminate or limit the liability of a director for any
of the following:
(Source: P.A. 91-322, eff. 1-1-00.)
(205 ILCS 5/40) (from Ch. 17, par. 350)
Sec. 40. Prohibited activities. The Commissioner, deputy commissioners, and employees
of the Office of Banks and Real Estate shall be subject to the restrictions
provided in Section 2.5 of the Division of Banking Act including,
without limitation, the restrictions on (i) owning shares of stock or holding
any other equity interest in an entity regulated under this Act or in any
corporation or company that owns or controls an entity regulated under this
Act; (ii) being an officer, director, employee, or agent of an entity regulated
under this Act; and (iii) obtaining a loan or accepting a gratuity from an
entity regulated under this Act.
(Source: P.A. 96-1365, eff. 7-28-10.)
(205 ILCS 5/43) (from Ch. 17, par. 353)
Sec. 43.
Waivers; corporate action by unanimously signed writing.
When a notice is required to be given to stockholders or directors under
this Act, or by the charter or by-laws of any state bank, a waiver thereof
in writing, signed by the person or persons entitled to said notice,
whether before or after the time stated therein, shall be deemed equivalent
thereto. Whenever the vote of the stockholders or the directors, as the
case may be, at a meeting thereof is
required or permitted to be taken in connection with any corporate action,
by any section of this Act, the meeting and vote of stockholders or directors may be
dispensed with, if all of the stockholders or all of the directors who
would have been entitled to
vote upon the action if such meeting were held, shall consent in writing to
such corporate action being taken. In the event that the action which is
consented to is such as would have required the filing of a certificate
under any of the other sections of this Act, if such action had been voted
upon by the stockholders or directors at a meeting thereof, the
certificate filed under
such other section shall state that written consent has been given
hereunder, in lieu of stating that the stockholders or directors have voted upon the
corporate action in question, if such last mentioned statement is required
thereby.
(Source: P.A. 85-211.)
(205 ILCS 5/44) (from Ch. 17, par. 354)
Sec. 44.
School
or institutional deposits. Subject to
such
regulations as the Commissioner may prescribe for the protection of
depositors, a bank may contract with the proper authorities of any
elementary or secondary school, or of any institution caring for minors,
for the participation by the bank in any school or institutional thrift or
savings plan, and it may accept deposits at such school or institution,
either by its own collector or by any representative of the school or
institution who becomes the agent of the bank for such purpose.
(Source: P.A. 89-364, eff. 8-18-95.)
(205 ILCS 5/44.1) (from Ch. 17, par. 354.1)
Sec. 44.1.
Services at care facilities.
Subject to reasonable regulations
the Commissioner
may prescribe for the protection of depositors, a bank may take any
action necessary for the provision of banking services to persons
residing in any bona fide nursing home, senior citizens' retirement home, or
long term care facility and may conduct a banking business at the location
on a limited basis. However, no location served by a bank on a limited basis
pursuant to this Section shall be deemed a branch for purposes of Section 5
of this Act.
(Source: P.A. 87-602; 88-4.)
(205 ILCS 5/45.1) (from Ch. 17, par. 356)
Sec. 45.1.
Accounts for minors.
A state bank may accept deposits made by a minor and may open an account
in the name of such minor and the rules and regulations of such bank with
respect to each such deposit and account shall be as binding upon such
minor as if such minor were of full age and legal capacity. The receipt,
acquittance or order of payment of such minor on such account or deposit or
any part thereof shall be as binding upon such minor as if such minor were
of full age and legal capacity.
(Source: Laws 1965, p. 2020.)
(205 ILCS 5/46) (from Ch. 17, par. 357)
Sec. 46.
Misleading practices and names prohibited; penalty.
(a) No person, firm,
partnership, or
corporation that is not a bank shall transact business in this State in a
manner which has a substantial likelihood
of misleading the public by implying that the business is a bank, or shall use
the
word "bank", "banker", or "banking" in connection with the
business.
Any person, firm, partnership or corporation violating this
Section shall be deemed guilty of a
Class A misdemeanor, and the Attorney General or State's Attorney of the
county in which any such violation occurs may restrain such violation by a
complaint for injunctive relief.
(b) If the Commissioner is of the opinion and finds that a person, firm,
partnership, or corporation that is not a bank has transacted or intends to
transact business in this State in a manner which has a substantial likelihood
of misleading the public by implying that the business is a bank, or has used
or intends to use the word "bank", "banker", or "banking" in connection with
the business, then the Commissioner may direct that person, firm, partnership,
or corporation to cease and desist from transacting the business or using the
word "bank", "banker", or "banking". If that person, firm, partnership, or
corporation persists in transacting the business or using the word "bank",
"banker", or "banking", then the Commissioner may impose a civil penalty of up
to $10,000 for each violation. Each day that the person, firm, partnership,
or corporation continues transacting the business or using the word "bank",
"banker", or "banking" in connection with the business shall constitute a
separate violation of these provisions.
(c) A person, firm, partnership, or corporation that is not a bank,
and is not transacting or intending to transact business in this State
in a manner that has a substantial likelihood of misleading the public by
implying that such business is a bank, may
apply to the Commissioner for permission to use the word "bank", "banker", or
"banking" in connection with the business. If the Commissioner
determines
that there is no substantial likelihood of misleading the public, and
upon such conditions as the Commissioner may impose to prevent the person,
firm, partnership, or corporation
from holding itself out in a misleading manner, then such person, firm,
partnership, or corporation may use
the word "bank", "banker", or "banking".
(Source: P.A. 92-476, eff. 8-23-01; 92-811, eff. 8-21-02.)
(205 ILCS 5/47) (from Ch. 17, par. 358)
Sec. 47.
Reports to Commissioner.
(a) All State banks shall make
a full and accurate statement of their affairs at least 1 time
during each calendar quarter which shall be certified to, under
oath by the president, a vice-president or the cashier of such bank. If the
statement is submitted in electronic form, the Commissioner may, in the call
for the report, specify the manner in which the appropriate officer of the bank
shall certify the statement of affairs. The
statement shall be according to the form which may be prescribed by the
Commissioner and shall exhibit in detail information concerning such
bank at the close of business of any day
the Commissioner may choose and designate in a call for such report. Each
bank shall deliver its quarterly statement to the
location specified by the Commissioner within 30 calendar days of the
date of the call for such reports. If the quarterly
statement is mailed, it must be postmarked within the period prescribed
for delivery, and if the quarterly statement is delivered in electronic form,
the bank shall generate and retain satisfactory proof that it has caused the
report to be delivered within the period prescribed for delivery.
(b) In addition to the foregoing reports, any bank which is the victim
of a shortage of funds in excess of $10,000, an apparent misapplication of the
bank's funds by an officer, employee or
director, or
any adverse legal action in an amount in excess of 10% of total
unimpaired
capital and unimpaired surplus of the bank, including but not limited to, the
entry of
an adverse money judgment against the bank or a write-off of assets of the
bank, shall report that information in writing to the Commissioner within 7
days of the occurrence.
Compliance with the time frames prescribed by the United States Department of
Treasury's Financial
Crimes Enforcement Network shall be deemed compliance with this Section.
Neither the bank, its
directors, officers, employees or its agents, in the preparation or filing
of the reports required by subsection (b) of this Section, shall be subject
to any liability
for libel, slander, or other charges resulting from information supplied in
such reports, except when the supplying of such information is done in a
corrupt or malicious manner or otherwise not in good faith.
(Source: P.A. 92-483, eff. 8-23-01.)
(205 ILCS 5/48)
Sec. 48. Secretary's powers; duties. The Secretary shall have the
powers and authority, and is charged with the duties and responsibilities
designated in this Act, and a State bank shall not be subject to any
other visitorial power other than as authorized by this Act, except those
vested in the courts, or upon prior consultation with the Secretary, a
foreign bank regulator with an appropriate supervisory interest in the parent
or affiliate of a state bank. In the performance of the Secretary's
duties:
(205 ILCS 5/48.05)
Sec. 48.05. Regulatory fees. For the fiscal year beginning July 1, 2007 and every year thereafter, each state bank regulated by the Department shall pay a regulatory fee to the Department based upon its total assets as reflected in the most recent quarterly report of condition at the following rates:
(Source: P.A. 99-39, eff. 1-1-16.)
(205 ILCS 5/48.1) (from Ch. 17, par. 360)
Sec. 48.1. Customer financial records; confidentiality.
(a) For the purpose of this Section, the term "financial records" means any
original, any copy, or any summary of:
(b) This Section does not prohibit:
I, ........................................, hereby authorize
(Name of Customer)
.............................................................
(Name of Financial Institution)
.............................................................
(Address of Financial Institution)
to disclose the following financial records:
any and all information concerning my deposit, savings, money market, certificate of deposit, individual retirement, retirement plan, 401(k) plan, incentive plan, employee benefit plan, mutual fund and loan accounts (including, but not limited to, any indebtedness or obligation for which I am a co-borrower, co-obligor, guarantor, or surety), and any and all other accounts in which I have an interest and any other information regarding me in the possession of the Financial Institution,
to the Illinois Department of Human Services or the Illinois Department of Healthcare and Family Services, or both ("the Department"), for the following purpose(s):
to aid in the initial determination or re-determination by the State of Illinois of my eligibility for Medicaid long-term care benefits, pursuant to applicable law.
I understand that this Consent and Authorization may be revoked by me in writing at any time before my financial records, as described above, are disclosed, and that this Consent and Authorization is valid until the Financial Institution receives my written revocation. This Consent and Authorization shall constitute valid authorization for the Department identified above to inspect all such financial records set forth above, and to request and receive copies of such financial records from the Financial Institution (subject to such records search and reproduction reimbursement policies as the Financial Institution may have in place). An executed copy of this Consent and Authorization shall be sufficient and as good as the original and permission is hereby granted to honor a photostatic or electronic copy of this Consent and Authorization. Disclosure is strictly limited to the Department identified above and no other person or entity shall receive my financial records pursuant to this Consent and Authorization. By signing this form, I agree to indemnify and hold the Financial Institution harmless from any and all claims, demands, and losses, including reasonable attorneys fees and expenses, arising from or incurred in its reliance on this Consent and Authorization. As used herein, "Customer" shall mean "Member" if the Financial Institution is a credit union.
....................... ......................
(Date) (Signature of Customer)
......................
......................
(Address of Customer)
......................
(Customer's birth date)
(month/day/year)
The undersigned witness certifies that ................., known to me to be the same person whose name is subscribed as the customer to the foregoing Consent and Authorization, appeared before me and the notary public and acknowledged signing and delivering the instrument as his or her free and voluntary act for the uses and purposes therein set forth. I believe him or her to be of sound mind and memory. The undersigned witness also certifies that the witness is not an owner, operator, or relative of an owner or operator of a long-term care facility in which the customer is a patient or resident.
Dated: ................. ......................
(Signature of Witness)
......................
(Print Name of Witness)
......................
......................
(Address of Witness)
State of Illinois)
) ss.
County of .......)
The undersigned, a notary public in and for the above county and state, certifies that .........., known to me to be the same person whose name is subscribed as the customer to the foregoing Consent and Authorization, appeared before me together with the witness, .........., in person and acknowledged signing and delivering the instrument as the free and voluntary act of the customer for the uses and purposes therein set forth.
Dated:........................................................
Notary Public:................................................
(c) Except as otherwise provided by this Act, a bank may not disclose to
any person, except to the customer or his
duly authorized agent, any financial records or financial information
obtained from financial records relating to that customer of
that bank unless:
(d) A bank shall disclose financial records under paragraph (2) of
subsection (c) of this Section under a lawful subpoena, summons, warrant, citation to discover assets, or
court order only after the bank sends a copy of the subpoena, summons, warrant, citation to discover assets,
or court order to the person establishing the relationship with the bank, if
living, and, otherwise the person's personal representative, if known, at the person's last known
address by first class mail, postage prepaid, through a third-party commercial carrier or courier with delivery charge fully prepaid, by hand delivery, or by electronic delivery at an email address on file with the bank (if the person establishing the relationship with the bank has consented to receive electronic delivery and, if the person establishing the relationship with the bank is a consumer, the person has consented under the consumer consent provisions set forth in Section 7001 of Title 15 of the United States Code), unless the bank is specifically
prohibited from notifying the person by order of court or by applicable State
or federal law. A bank shall not mail a copy of a subpoena to any person
pursuant to this subsection if the subpoena was issued by a grand jury under
the Statewide Grand Jury Act.
(e) Any officer or employee of a bank who knowingly and
willfully furnishes financial records in violation of this Section is
guilty of a business offense and, upon conviction, shall be fined not
more than $1,000.
(f) Any person who knowingly and willfully induces or attempts to
induce any officer or employee of a bank to disclose financial
records in violation of this Section is guilty of a business offense
and, upon conviction, shall be fined not more than $1,000.
(g) A bank shall be reimbursed for costs that are reasonably necessary
and that have been directly incurred in searching for, reproducing, or
transporting books, papers, records, or other data required or
requested to be produced pursuant to a lawful subpoena, summons, warrant, citation to discover assets, or
court order. The Commissioner shall determine the rates and conditions
under which payment may be made.
(Source: P.A. 101-81, eff. 7-12-19; 102-873, eff. 5-13-22.)
(205 ILCS 5/48.2) (from Ch. 17, par. 360.1)
Sec. 48.2.
Prohibition against certain activities.
(a) Any bank, subsidiary, affiliate, officer or employee of such bank
subject to this Act shall not:
(b) Any bank or subsidiary, affiliate, employee, officer,
banking house, branch bank, branch office, additional office or agency of such
bank that is transacting an insurance business in this State shall comply
with Article XLIV of the Illinois
Insurance Code.
(c) Any officer or employee of a bank or its affiliates or subsidiaries
who violates this Section is guilty of a business offense, and upon conviction
shall be fined not more than $1,000. This Section does not create a private
cause of action for civil damages.
(d) In any contract or loan which is secured by a mortgage, deed of
trust, or conveyance in the nature of a mortgage, on residential real
estate, the interest which is computed, calculated, charged, or collected
pursuant to such contract or loan, or pursuant to any regulation or rule
promulgated pursuant to this Act, may not be computed, calculated, charged
or collected for any period of time occurring after the date on which the
total indebtedness, with the exception of late payment penalties, is paid
in full. For purposes of this subsection (d) of this Section 48.2, a
prepayment shall mean the payment of the total indebtedness, with the
exception of late payment penalties if incurred or charged, on any date
before the date specified in the contract or loan agreement on which the
total indebtedness shall be paid in full, or before the date on which all
payments, if timely made, shall have been made. In the event of a
prepayment of the indebtedness which is made on a date
after the date on which interest on the indebtedness was last computed,
calculated, charged, or collected but before the next date on which interest
on the indebtedness was to be calculated, computed, charged, or collected,
the lender may calculate, charge and collect interest on the indebtedness
for the period which elapsed between the date on which the prepayment is
made and the date on which interest on the indebtedness was last computed,
calculated, charged or collected at a rate equal to 1/360 of the annual
rate for each day which so elapsed, which rate shall be applied to the
indebtedness outstanding as of the date of prepayment. The lender shall
refund to the borrower any interest charged or collected which exceeds that
which the lender may charge or collect pursuant to the preceding sentence.
The provisions of this amendatory Act of 1985 shall apply only to contracts
or loans entered into on or after January 1, 1986.
(e) Any bank, affiliate or subsidiary of such bank which shall engage in
making residential mortgage financing transactions, shall with respect to
each such transaction, provide the following:
(Source: P.A. 90-41, eff. 10-1-97.)
(205 ILCS 5/48.3) (from Ch. 17, par. 360.2)
Sec. 48.3. Disclosure of reports of examinations
and confidential
supervisory information;
limitations.
(a) Any report of examination, visitation, or investigation prepared by
the Secretary under this Act, the Electronic Fund Transfer
Act, the Corporate Fiduciary Act, the
Illinois Bank Holding Company Act of 1957, and the Foreign
Banking Office Act, any report of examination, visitation, or
investigation prepared by the state regulatory
authority of another state that examines a branch of an Illinois State bank in
that state, any document or record prepared or obtained in
connection with or relating to any
examination, visitation, or investigation, and any record prepared or
obtained by the Secretary to the extent that the record summarizes or
contains information derived from any report, document, or record described
in this subsection shall be deemed "confidential supervisory information".
Confidential
supervisory information shall not include any information or record
routinely prepared by a bank or other financial institution and maintained in
the ordinary course of business or any information or record that is required
to be made publicly available pursuant to State or federal law or rule.
Confidential supervisory information
shall be the property of the Secretary and shall only be
disclosed under the circumstances and for the purposes set forth in this
Section.
The Secretary may
disclose
confidential supervisory information only under the following circumstances:
(b) A bank or other financial institution or its officers, agents, and
employees may disclose
confidential supervisory information only under the
following circumstances:
The disclosure of confidential supervisory information by a bank or other
financial institution pursuant to this subsection (b) and the disclosure of
information to the Secretary or other regulatory agency in connection with
any examination, visitation, or investigation shall not constitute a waiver of
any legal privilege otherwise available to the bank or other financial
institution with respect to the information.
(c) (1) Notwithstanding any other provision of this Act
or any other law, confidential supervisory information shall be the property of
the Secretary and shall be privileged from disclosure to any person except
as provided in this Section. No person in possession of confidential
supervisory information may disclose that information for any reason or under
any circumstances not specified in this Section without the prior authorization
of the Secretary. Any person upon whom a demand for production of confidential
supervisory information is made, whether by subpoena, order, or other judicial
or administrative process, must withhold production of the confidential
supervisory information and must notify the Secretary of the demand, at
which time the Secretary is authorized to intervene for the purpose of
enforcing the limitations of this Section or seeking the withdrawal or
termination of the attempt to compel production of the confidential
supervisory information.
(2) Any request for discovery or disclosure of confidential supervisory
information, whether by subpoena, order, or other judicial or administrative
process, shall be made to the Secretary, and the Secretary shall
determine within 15 days whether to disclose the information pursuant to
procedures and standards that the Secretary shall establish by rule. If the Secretary
determines that such information will not be disclosed, the Secretary's
decision shall be subject to judicial review under the
provisions of the Administrative Review Law, and venue shall be in either
Sangamon County or Cook County.
(3) Any court order that compels disclosure of confidential supervisory
information may be immediately appealed by the Secretary, and the order
shall
be automatically stayed pending the outcome of the appeal.
(d) If any officer, agent, attorney, or employee of a bank or
financial institution knowingly and willfully furnishes
confidential supervisory information in violation of this Section, the Secretary
may impose a
civil monetary penalty up to $1,000 for the violation against
the officer, agent, attorney, or employee.
(Source: P.A. 100-22, eff 1-1-18; 100-64, eff. 8-11-17; 100-863, eff. 8-14-18; 100-888, eff. 8-14-18.)
(205 ILCS 5/48.4)
Sec. 48.4. Enforcement of child support.
(a) Any bank
governed by this Act shall encumber or surrender accounts or assets held by the
bank on behalf of any responsible relative who is subject to a child support
lien, upon notice of the lien or levy of the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid)
or its successor agency pursuant to Section 10-25.5 of the Illinois Public Aid
Code, or upon notice of interstate lien or levy from any other state's
agency
responsible for implementing the child support enforcement program set forth in
Title IV, Part D of the Social Security Act.
(b) Within 90 days after receiving notice from the Department of Healthcare and Family Services (formerly
Department of Public Aid) that the Department has adopted a child support enforcement debit authorization form as required under the Illinois Public Aid Code, each bank governed by this Act shall take all appropriate steps to implement the use of the form in relation to accounts held by the bank. Upon receiving from the Department of Healthcare and Family Services (formerly Department of Public Aid) a copy of a child support enforcement debit authorization form signed by an obligor, a bank holding an account on behalf of the obligor shall debit the account and transfer the debited amounts to the State Disbursement Unit according to the instructions in the child support enforcement debit authorization form.
(Source: P.A. 95-331, eff. 8-21-07.)
(205 ILCS 5/48.5)
Sec. 48.5.
Reliance on Commissioner.
(a) The Commissioner may issue an opinion in response to a specific
request from a member of the public or the banking industry or on his
own initiative. The opinion may be in the form of an interpretive
letter, no-objection letter, or other issuance the Commissioner deems
appropriate.
(b) No bank or other person
shall be liable under this Act for any act done or omitted in good faith in
conformity with any rule, interpretation, or opinion issued by the
Commissioner of Banks and Real Estate, notwithstanding that after the act or
omission has occurred, the rule, opinion, or interpretation upon
which reliance is placed is amended, rescinded, or determined by judicial or
other authority to be invalid for any reason.
(Source: P.A. 92-483, eff. 8-23-01.)
(205 ILCS 5/48.6)
Sec. 48.6. Retention of records.
(a) Each bank shall retain its records in a manner consistent with prudent business practices and in accordance with this Act and applicable State or federal laws, rules, and regulations. The record retention system utilized must be able to accurately produce such records.
(b) Except where a retention period is required by State or federal laws, rules, or regulations, a bank may destroy its records subject to the considerations set forth in subsection (a). In the destruction of records, the bank shall take reasonable precautions to ensure the confidentiality of information in the records. No liability shall accrue against the
bank, the Commissioner, or this State for the destruction of records under the authority of this Section.
(Source: P.A. 102-873, eff. 5-13-22.)
(205 ILCS 5/49) (from Ch. 17, par. 361)
Sec. 49.
False statements; penalty.
It is unlawful for any officer, director, or employee of any State
bank or subsidiary or holding company of that bank or, after May 31, 1997,
branch out of an out-of-state bank subject to examination by the Commissioner
or any person filing an application or notice or submitting information in
connection with an application or notice with the Commissioner to willfully
and knowingly subscribe to or make, or cause to be made, any false
statement or false entry with intent to deceive any person or persons
authorized to examine into the affairs of the bank or the subsidiary or
holding company of that bank, the
branch of an
out-of-state bank, or the applicant or with intent to
deceive the Commissioner or his administrative officers in the performance
of their duties under this Act. A person who violates this
Section is guilty of
a Class 3 felony.
(Source: P.A. 92-483, eff. 8-23-01.)
(205 ILCS 5/50) (from Ch. 17, par. 362)
Sec. 50.
Commissioner's proceedings exclusive.
Except by the authority of the Commissioner, represented by the Attorney
General, or the Federal Deposit Insurance Corporation pursuant to the Federal
Deposit Insurance Act, no complaint shall be filed or proceedings commenced
in any court
for the dissolution or for the winding up of the affairs or for the
appointment of a receiver for any state bank on the grounds:
(1) That it is insolvent; or
(2) That its capital is impaired or it is otherwise in an unsound
condition; or
(3) That its business is being conducted in an unlawful, fraudulent or
unsafe manner; or
(4) That it is unable to continue operations; or
(5) That its examination has been obstructed or impaired.
(Source: P.A. 89-364, eff. 8-18-95.)
(205 ILCS 5/51) (from Ch. 17, par. 363)
Sec. 51. Capital impairment, etc.; correction.
(a) If the Commissioner with respect to a State bank shall find:
(b) If the Commissioner
has
given notice to the board of directors of his findings, as provided in
subsection (a),
and the time period prescribed in that notice has expired, the Commissioner may
extend the time period prescribed in that notice for such period as the
Commissioner
deems appropriate.
(Source: P.A. 96-1365, eff. 7-28-10.)
(205 ILCS 5/52) (from Ch. 17, par. 364)
Sec. 52. Capital impairment, etc.; emergency. If, in addition to a finding as provided in Section 51, the
Commissioner shall be of the opinion and shall find that an emergency
exists which may result in the inability of the bank to continue in its operations, meet the demands of its depositors, or pay its obligations in the normal course of business, he may, in his
discretion, without having given the notice provided for in Section 51, and
whether or not proceedings under Section 51 have been instituted or are
then pending, forthwith take possession and control of the bank and its
assets for the purpose of examination, reorganization or liquidation
through receivership. For purposes of this Section, an emergency includes, but is not limited to, when the bank is in an unsafe or unsound condition that precludes continued operations or when the interests of the bank's depositors are prejudiced.
(Source: P.A. 96-1365, eff. 7-28-10.)
(205 ILCS 5/53) (from Ch. 17, par. 365)
Sec. 53.
Commissioner's possession; power.
The Commissioner may take possession and control of a state bank and its
assets, by posting upon the premises a notice reciting that he is assuming
possession pursuant to this Act, and the time when his possession shall be
deemed to commence, which time shall not pre-date the posting of the
notice. Promptly after taking possession and control of a bank, if the
Federal Deposit Insurance Corporation is not appointed as receiver, the
Commissioner shall file a copy of the notice posted upon the premises in
the circuit court in the county in which the bank is located, and thereupon
the clerk of such court shall note the filing thereof upon the records of
the court, and shall enter such cause as a court action upon the dockets of
such court under the name and style of "In the matter of the possession and
control of the Commissioner of Banks and Real Estate
of ...." (inserting the name of such bank), and thereupon the court wherein
such cause is docketed shall be vested with jurisdiction to hear and determine
all issues and matters pertaining to or connected with the Commissioner's
possession and control of such bank as provided in this Act, and such further
issues and matters pertaining to or connected with the Commissioner's
possession and control as may be submitted to such court for its adjudication
by the Commissioner. When the Commissioner has taken possession and control of
a bank and its assets, he shall be vested with the full powers of management
and control, including without limiting the generality thereof, the following:
As soon as practical after taking possession, the Commissioner shall
make his examination of the condition of the bank and an inventory of the
assets. Unless the time shall be extended by order of the court and, unless
the Commissioner shall have otherwise settled the affairs of a bank
pursuant to the provisions of this Act, at the termination of thirty days
from the time of taking possession and control of a bank for the purpose of
examination, reorganization or liquidation through receivership, the
Commissioner shall either terminate his possession and control by restoring
the bank to its board of directors or appoint a receiver and order the
liquidation of the bank as provided in this Act. All necessary and
reasonable expenses of the Commissioner's possession and control and of its
reorganization shall be borne by the bank and may be paid by the
Commissioner from its assets.
If the Federal Deposit Insurance Corporation is appointed by the
Commissioner as receiver of a State bank, or the Federal Deposit Insurance
Corporation takes possession of such State bank, the receivership
proceedings and the powers and duties of the Federal Deposit Insurance
Corporation shall be governed by the Federal Deposit Insurance Act and
regulations promulgated thereunder rather than the provisions of this Act.
(Source: P.A. 92-483, eff. 8-23-01.)
(205 ILCS 5/54) (from Ch. 17, par. 366)
Sec. 54.
Commissioner's possession; limitation of actions.
Except when the Federal Deposit Insurance Corporation has taken possession of
the bank or is acting as receiver, if the Commissioner has taken possession and
control of a state bank
and its assets, there shall be a postponement until 6 months after the
commencement of such possession of the date upon which any period of
limitation fixed by a statute or agreement would otherwise expire on a
claim or right of action of the bank, or upon which an appeal must be taken
or a pleading or other document must be filed by the bank in any pending
action or proceeding. No judgment, lien, levy, attachment or
other similar legal process shall be enforced upon or satisfied in whole or
in part from any asset of the bank while it is in the possession of the
Commissioner, except upon the order of the court referred to in Section
53 entered in due course pursuant to Section 65 of this Act. The
provisions of this Section shall continue to apply and shall govern
notwithstanding the appointment of and the possession by a receiver
pursuant to Section 58 of this Act.
(Source: P.A. 89-364, eff. 8-18-95.)
(205 ILCS 5/55) (from Ch. 17, par. 367)
Sec. 55.
Reorganization.
The Commissioner, while in possession and control of a state bank and
its assets, after according such hearing to interested parties as he may
determine and upon the order of the court, may propose a reorganization
plan. Such reorganization plan shall become effective only (1) when the
requirements of Section 56 shall have been satisfied, and (2) when, after
reasonable notice of such reorganization, as the case may require (a)
depositors and other creditors of such bank representing at least
seventy-five per cent in amount of its total deposits and other liabilities
as shown by the books of the bank, or (b) stockholders owning at least
two-thirds of its outstanding capital stock as shown by the books of the
bank, or (c) both depositors and other creditors representing at least
seventy-five per cent in amount of the total deposits and other liabilities
and stockholders owning at least two-thirds of its outstanding capital
stock as shown by the books of the bank, shall have consented in writing to
the plan of reorganization; provided, however, that claims of depositors or
other creditors which will be satisfied in full on demand under the
provisions of the plan of reorganization shall not be included among the
total deposits and other liabilities of the bank in determining the
seventy-five per cent thereof as above provided. When such reorganization
becomes effective, all books, records, and assets of the bank shall be
disposed of in accordance with the provisions of the plan and the affairs
of the bank shall be conducted by its board of directors in the manner
provided by the plan and under the conditions, restrictions, and
limitations which may have been prescribed by the Commissioner. In any
reorganization which shall have been approved and shall have become
effective as provided herein, all depositors and other creditors and
stockholders of such bank, whether or not they shall have consented to such
plan of reorganization, shall be fully and in all respects subject to and
bound by its provisions, and claims of all depositors and other creditors
shall be treated as if they have consented to such plan of reorganization.
A department, agency or political subdivision of this State holding a claim
which will not be paid in full is authorized to participate in a plan of
reorganization as any other creditor and shall be subject to and bound by
its provisions as any other creditor.
(Source: Laws 1965, p. 2020.)
(205 ILCS 5/56) (from Ch. 17, par. 368)
Sec. 56.
Requirements of reorganization plan.
A plan of reorganization for a state bank shall not be proposed under
this Act unless:
(1) The plan is feasible and fair to all classes of depositors,
creditors and stockholders.
(2) The face amount of the interest accorded to any class of depositors,
creditors and stockholders under the plan does not exceed the value of the
assets upon liquidation less the full amount of the claims of all prior
classes, subject, however, to any fair adjustment for new capital that any
class will pay in under the plan.
(3) The plan assures the removal of any director, officer or employee
responsible for any unsound or unlawful action or the existence of an
unsound condition.
(4) Any merger or consolidation provided by the plan conforms to the
requirements of this Act.
(5) Any reorganized bank provided by the plan conforms to the
requirements of this Act for the organization of a bank.
(Source: Laws 1955, p. 83.)
(205 ILCS 5/57) (from Ch. 17, par. 369)
Sec. 57.
Reorganization; emergency.
Whenever in the course of reorganization supervening conditions render
the plan of reorganization unfair or its execution impractical, the
Commissioner may modify the plan (provided the modification is with the
written consent of the depositors and other creditors representing at least
seventy-five per cent in amount of the total deposits and other liabilities
which are impaired or lessened by the modification) or may, provided the
Federal Deposit Insurance has not been appointed, appoint a
receiver for liquidation as provided in this Act.
(Source: P.A. 89-364, eff. 8-18-95.)
(205 ILCS 5/58) (from Ch. 17, par. 370)
Sec. 58.
Appointment of receiver; court proceeding.
(a) If the Commissioner determines (which determination may be made at the
time, or any time subsequent to his taking possession and control of a bank
and its assets) that no practical possibility exists to reorganize the
bank after reasonable efforts have been made
and that it should be
liquidated through receivership, he shall appoint a receiver and require of
him such bond and security as the Commissioner deems proper, and the
Commissioner, represented by the Attorney General, shall, if the Federal
Deposit Insurance Corporation is not acting as receiver, file a complaint
for the dissolution or winding up of the affairs of such bank in the
circuit court of
the county where such bank is located.
(b) Unless the Federal Deposit Insurance Corporation is acting as receiver
for the bank, the Commissioner, upon taking possession and control of a bank
and its assets, may, and if he has not previously done so, shall, immediately
upon
filing a complaint for dissolution, make an examination of the
affairs of the trust department of the bank or appoint a corporate
fiduciary or other suitable person to make the examination as the
Commissioner's agent. The examination shall be conducted in accordance
with and pursuant to the authority granted under Section 5-2 of the
Corporate Fiduciary Act, as now or hereafter amended, and the corporate
fiduciary or other suitable person conducting the examination shall have
and may exercise on behalf of the Commissioner all of the powers and
authority granted to the Commissioner thereunder. The report of
examination shall, to the extent reasonably possible, identify those
governing instruments with specific instructions concerning the appointment
of a successor fiduciary. A copy of the report shall be filed in any
dissolution proceeding filed by the Commissioner. The reasonable fees and
necessary expenses of the examining corporate fiduciary or other suitable
person, as approved by the Commissioner or as recommended by the
Commissioner and approved by the court if a dissolution proceeding has been
filed, shall be borne by the subject state bank and shall have the same priority
for payment as the reasonable and necessary expenses of the Commissioner in
conducting an examination.
As soon as reasonably can be done, the Commissioner, if he deems it
advisable, shall seek the advice and instruction of the court concerning
the removal of the corporate fiduciary as to all of its fiduciary accounts
and the appointment of a successor fiduciary (which may be the examining
corporate fiduciary) to take over and administer all of the fiduciary
accounts being administered by the trust department of the state bank. The
corporate fiduciary or other suitable person appointed to make the
examination shall make a proper accounting, in the manner and scope as
determined by the Commissioner to be practical and advisable under the
circumstances, on behalf of the trust department of the state bank and no
guardian ad litem need be appointed to review the accounting.
(Source: P.A. 89-364, eff. 8-18-95.)
(205 ILCS 5/59) (from Ch. 17, par. 371)
Sec. 59.
Notice of receivership.
Upon appointing a receiver, other than the Federal Deposit Insurance
Corporation, and upon the filing of a complaint for the
dissolution or winding up of the affairs of a state bank, the Commissioner
shall cause notice to be given in such newspaper as he directs once each
week for twelve consecutive weeks calling on all persons who may have
claims against such bank to present the same to such receiver and to make
legal proof thereof and notifying all such persons and all to whom it may
concern of the filing of a complaint for the dissolution or winding up of
the affairs of the bank and stating the name and location of said court.
All persons who may have claims against such bank and the receiver to whom
such persons have presented their claims may present them to the clerk of
such court, and the allowance or disallowance of such claims by said court
in connection with such proceedings shall be deemed an adjudication in a
court of competent jurisdiction.
(Source: P.A. 89-364, eff. 8-18-95.)
(205 ILCS 5/60) (from Ch. 17, par. 372)
Sec. 60.
Receiver's powers; duties.
Other than the Federal Deposit
Insurance Corporation, which shall derive its powers and perform its duties
pursuant to the Federal Deposit Insurance Act and regulations promulgated
thereunder, the receiver for a state bank, under the direction of the
Commissioner, shall have the power and authority and is charged with the
duties and responsibilities as follows:
(1) He or she shall take possession of, and for the purpose of the
receivership, the title to the books, records and assets of every
description of the bank.
(2) He or she shall proceed to collect all debts, dues and claims
belonging to the bank.
(3) He or she shall file with the Commissioner a copy of each report
which he makes to the court, together with such other reports and records as
the Commissioner may require.
(4) He or she shall have authority to sue and defend in his or her
own name with respect to the affairs, assets, claims, debts, and choses in action of the bank.
(5) He or she shall have authority, and it shall be his or her duty, to
surrender to the customers of such bank their private papers and valuables
left with the bank for safekeeping, upon satisfactory proof of
ownership.
(6) He or she shall have authority to redeem or take down collateral
hypothecated by the bank to secure its notes or other evidence of indebtedness
whenever the Commissioner deems it to the best interest of the creditors of the
bank so to do.
(7) Whenever he or she shall find it necessary in his or her opinion
to use and employ
money of the bank, in order to protect fully and benefit the bank, by the
purchase or redemption of any property, real or personal, in which the bank
may have any rights by reason of any bond, mortgage, assignment, or other
claim thereto, he or she may certify the facts together with his or
her opinions as to
the value of the property involved, and the value of the equity the bank
may have in the property to the Commissioner, together with a request for
the right and authority to use and employ so much of the money of the bank
as may be necessary to purchase the property, or to redeem the same from a
sale if there was a sale, and if such request is granted, the
receiver may use so much of the money of the bank as the Commissioner may
have authorized to purchase the property at such sale.
(8) He or she shall deposit daily all monies collected by him or her in any
state or national bank selected by the Commissioner, who may require (and the
bank so selected may furnish) of such depository satisfactory securities or
satisfactory surety bond for the safekeeping and prompt payment of the money so
deposited. The deposits shall be made in the name of the Commissioner in trust
for the bank and be subject to withdrawal upon his or her order or upon the
order of such persons as the Commissioner may designate. Such monies may be
deposited without interest, unless otherwise agreed. However, if any interest
was paid by such depository, it shall accrue to the benefit of the particular
trust to which the deposit belongs.
(9) He or she shall do such things and take such steps from time to time
under the direction and approval of the Commissioner as may reasonably appear
to be necessary to conserve the bank's assets and secure the best interests of
the creditors of the bank.
(10) He or she shall record any judgment of dissolution entered in a
dissolution proceeding and thereupon deliver to the Commissioner a certified
copy thereof, together with all books of accounts and ledgers of such bank for
preservation.
(Source: P.A. 91-357, eff. 7-29-99.)
(205 ILCS 5/61) (from Ch. 17, par. 373)
Sec. 61.
Receiver's powers; court directions.
Upon the order of the court wherein the Commissioner's complaint for the
dissolution or winding up of the affairs of the state bank was filed,
the receiver for the bank shall have the power and authority and is charged
with the duties and responsibilities as follows:
(1) He or she may sell and compound all bad and doubtful debts on such terms
as
the court shall direct.
(2) He or she may sell the real and personal property of the bank on such
terms
as the court shall direct.
(3) He or she may petition the court for the authority to borrow money, and
to
pledge the assets of the bank as security therefor, whereupon the practice
and procedure shall be as follows:
(4) He or she may make and carry out agreements with other banks or with the
United States or any agency thereof which has insured the bank's
deposits, in whole or in part, for the payment or assumption of the bank's
liabilities, in whole or in part, and he or she may transfer assets and make
guaranties in connection therewith.
(5) After the expiration of 12 weeks after the first publication of
the Commissioner's notice as provided in Section 59, he or she shall file with
the court a correct list of all creditors of the bank, as shown by its
books, who have not presented their claims and the amount of their
respective claims after allowing all just credits, deductions and set-offs
as shown by the books of the bank. Such claims so filed shall
be deemed proven, unless objections are filed thereto by a party or parties
interested therein within such time as is fixed by the court.
(6) At the termination of his or her administration, he or she
shall petition the
court for the entry of a judgment of dissolution. After a
hearing upon such
notice as the court may prescribe, the court may enter a judgment of
dissolution whereupon the bank's charter is terminated.
The provisions of this Section do not apply to the Federal Deposit
Insurance Corporation as receiver, which shall derive its powers and perform
its duties pursuant to the Federal Deposit Insurance Act and regulations
promulgated thereunder.
(Source: P.A. 89-364, eff. 8-18-95.)
(205 ILCS 5/62) (from Ch. 17, par. 374)
Sec. 62.
Change of receiver.
At any time, whenever two-thirds in amount of the creditors of a state
bank, after a receiver, other than the Federal Deposit Insurance
Corporation, shall have been appointed by the Commissioner, shall
petition the Commissioner for the appointment of any person nominated by
them as receiver, who is a reputable person and a resident of the county in
which such bank is located, it shall be the duty of the Commissioner to
make such appointment and all rights and duties of his predecessor shall at
once devolve upon such appointee. The Commissioner may remove any receiver
appointed by him except the Federal Deposit Insurance Corporation or such
receiver as shall have been appointed through
nomination by the creditors and such receiver may be removed by the court
upon a petition for his removal filed by the Commissioner after hearing had
upon such notice as the court may prescribe. Upon the death, inability to
act, resignation or removal of a receiver the Commissioner may appoint his
successor and upon such appointment all rights and duties of his
predecessor shall at once devolve upon such appointee.
(Source: P.A. 89-364, eff. 8-18-95.)
(205 ILCS 5/63) (from Ch. 17, par. 375)
Sec. 63.
Insured
deposits; subrogation.
The right of an agency of the United States insuring deposits to be
subrogated to the rights of depositors upon payment of their claim shall
not be less extensive than the law of the United States requires as a
condition of the authority to issue such insurance or make such payment.
(Source: Laws 1955, p. 83.)
(205 ILCS 5/64) (from Ch. 17, par. 376)
Sec. 64.
Expenses and fees.
All expenses of a receivership, including reasonable receiver's and attorney's
fees, approved by the Commissioner, shall be
paid out of the assets of the state bank. All expenses of any preliminary
or other examination into the condition of any such bank or receivership,
and all expenses incident to and in connection with the possession and
control of the bank and its assets for the purpose of examination,
reorganization or liquidation through receivership shall be paid out of the
assets of such bank. The payment herein authorized may be made by the
Commissioner with monies and property of the bank in his or her possession and
control and shall have priority over all claims.
(Source: P.A. 83-345.)
(205 ILCS 5/65) (from Ch. 17, par. 377)
Sec. 65. Dividends; dissolution. From time to time during a receivership other than a receivership conducted by
the Federal Deposit Insurance Corporation, the Commissioner shall make and
pay from monies of the bank a ratable dividend on all claims as may be
proved to his or her satisfaction or adjudicated by the court. Claims so
proven or adjudicated shall bear interest at the rate of 3% per
annum from the date of the appointment of the receiver to the date of
payment, but all dividends on a claim shall be applied first to principal.
In computing the amount of any dividend to be paid, if the Commissioner
deems it desirable in the interests of economy of administration and
to the interest of the bank and its creditors, he or she may pay up to the
amount of $10 of each claim or unpaid portion thereof in full. As the
proceeds of the assets of the bank are collected in the course of
liquidation, the Commissioner shall make and pay further dividends on all
claims previously proven or adjudicated. After one year from the
entry of a judgment of dissolution, all unclaimed dividends shall be remitted
to the State Treasurer in accordance with the Revised Uniform Unclaimed
Property Act, as now or hereafter amended, together with a list of all unpaid
claimants, their last known addresses and the amounts unpaid.
(Source: P.A. 100-22, eff. 1-1-18.)
(205 ILCS 5/66) (from Ch. 17, par. 378)
Sec. 66.
Validation of dividends; destruction of records.
In all cases where the Commissioner prior to the taking effect of this
Act has made ratable dividends of money on claims which have been proven to
the satisfaction of the Commissioner or adjudicated in any court of this
State, such dividends are hereby ratified and confirmed and made valid and
legal in all respects. All records of receiverships heretofore and
hereafter received by the Commissioner or by a receiver appointed by the
Commissioner shall be held by the Commissioner or such receiver for the period
of 2 years after the close of the receivership and at the termination of
said 2 year period may then be destroyed.
(Source: P.A. 86-754.)
(205 ILCS 5/67) (from Ch. 17, par. 379)
Sec. 67.
Judicial review.
Whenever the Commissioner shall have taken possession and control of a
state bank and its assets for the purpose of examination, reorganization or
liquidation through receivership, or whenever the Commissioner shall have
appointed a receiver for a bank, other than the Federal Deposit Insurance
Corporation, and filed a complaint for the dissolution
or for the winding up of the affairs of a bank, and the bank denies the
grounds for such actions, it may at any time within ten days apply to the
Circuit Court of Sangamon County, Illinois, to enjoin further proceedings
in the premises; and such court shall cite the Commissioner to show cause
why further proceedings should not be enjoined, and if the court shall find
that such grounds do not exist, the court shall make an order enjoining the
Commissioner and any receiver acting under his direction from all further
proceedings on account of such alleged grounds, provided that neither the
ten days allowed by this Section 67 for judicial review nor the pendency of
any proceedings for judicial review shall operate to defer, delay, impede
or prevent the payment or acquisition by the Federal Deposit Insurance
Corporation of the deposit liabilities of the state bank which are insured
by the Federal Deposit Insurance Corporation, and during said period
allowed for judicial review and during the pendency of any proceedings for
judicial review under this Section 67, the Commissioner or, as the case may
be, the receiver, shall make available to the Federal Deposit Insurance
Corporation such facilities in or of the state bank and such books, records
and other relevant data of the state bank as may be necessary or
appropriate to enable the Federal Deposit Insurance Corporation to pay out
or to acquire the insured deposit liabilities of the state bank, and said
Federal Deposit Insurance Corporation and its directors, officers, agents
and employees, and the Commissioner and his agents and employees, including
the receiver, if any, shall be free from any liability to the state bank
and its stockholders and creditors for or on account of any matter or thing
in this proviso referred to or provided for.
(Source: P.A. 89-364, eff. 8-18-95.)
(205 ILCS 5/68) (from Ch. 17, par. 380)
Sec. 68.
Voluntary dissolution.
A state bank may elect to dissolve voluntarily and wind up its affairs
by the act of the bank in the following manner:
(1) The board of directors shall adopt a resolution recommending that
the bank be dissolved voluntarily and directing that the question of such
dissolution be submitted to a vote at a meeting of stockholders which may
be either an annual or special meeting.
(2) Written or printed notice stating that the purpose, or one of the
purposes, of such meeting is to consider the advisability of voluntarily
dissolving the bank shall be given to each stockholder of record entitled
to vote at such meeting within the time and in the manner provided in this
Act for the giving of notice of meetings of stockholders. If such meeting
be an annual meeting, such purpose may be included in the notice of such
annual meeting.
(3) At such meeting a vote of the stockholders entitled to vote thereat
shall be taken on a resolution to dissolve voluntarily the bank, which
shall require for its adoption the affirmative vote of the holders of at
least two-thirds of the outstanding shares entitled to vote at such
meeting, unless any class of shares is entitled to vote as a class in
respect thereof, in which event the resolution shall require for its
adoption the affirmative vote of the holders of at least two-thirds of the
outstanding shares of each class of shares entitled to vote as a class in
respect thereof, and of the total outstanding shares entitled to vote at
such meeting.
(4) Upon the adoption of such resolution, a statement of intent to
dissolve shall be executed in duplicate by the bank by its president or a
vice-president, and verified by him, and the corporate seal shall be
thereto affixed, attested by its secretary or cashier which shall set
forth:
(5) A bank may elect to dissolve voluntarily and wind up its affairs by
the written consent of the holders of record of all of its outstanding
shares without compliance with the provisions of subsections (1), (2), and
(3) of this Section 68 in which a statement as required in subsection (4)
setting forth the matter in subsections (4)(a), (4)(b), (4)(c), (4)(g),
(4)(h), and (4)(i) shall be executed in duplicate and signed by the
holders of record of all of its outstanding shares.
(6) Duplicate originals of the statement of intent to dissolve whether
pursuant to subsection (4) or pursuant to subsection (5), as the case may
be, shall be delivered to the Commissioner for his approval. If the
Commissioner disapproves the dissolution, he shall state his objections and
give an opportunity to the dissolving bank to amend its statement of intent
to dissolve to obviate such objections.
(7) If the Commissioner finds that the statement of intent to dissolve
conforms to the provisions of this Act when all fees and charges have been
paid as in this Act prescribed, and when the deposit required in subsection
(4)(i) shall have been made with the Commissioner or, if there is a
contract pursuant to subsection (4)(h), when the Commissioner has approved
such contract as being in compliance with the provisions of this Act and
not prejudicial to creditors, the Commissioner shall indorse upon each of
such duplicate originals the word "Approved" and the month, day and year of
his approval thereof. Thereupon the Commissioner shall file and record one
of such duplicate originals in the office for the recording of deeds in the
county where the dissolving bank is organized, and the original or a
certified copy thereof shall be evidence in all courts of the dissolution
of such bank.
(8) The Commissioner shall publish notice that the statement of intent
to dissolve has been approved and that the liabilities of the dissolving
bank as shown by its records will be redeemed by the Commissioner or by the
bank which has assumed the liabilities of the dissolving bank as shown by
its records, other than the liabilities of the dissolving bank to its
stockholders as such.
(Source: P.A. 89-364, eff. 8-18-95.)
(205 ILCS 5/69) (from Ch. 17, par. 381)
Sec. 69.
Voluntary dissolution; deposit with Commissioner.
If any of the liabilities of the dissolving state bank as shown by its
records which have been assumed by another bank are not presented or are
not satisfied within one year from the publication provided for in Section
68(8), then, and in such event, the bank which has assumed them may
deposit with the Commissioner a sum sufficient to meet such outstanding
liabilities which when presented to the Commissioner shall be paid by him
out of such sum. Upon making such deposit the assuming bank shall no longer
be liable on such outstanding liabilities. If such deposit is not made
within two years from the Commissioner's publication, the assuming bank
shall remain liable thereon as in the case of the other liabilities.
(Source: Laws 1965, p. 2020.)
(205 ILCS 5/70) (from Ch. 17, par. 382)
Sec. 70.
Voluntary dissolution; Commissioner's payments.
The Commissioner shall hold and pay out sums deposited with him either
by the dissolving state bank or by the assuming bank in payment of the
liabilities of the dissolving bank's liabilities for which such deposits
have been made and after six years from the day on which the publication of
dissolution pursuant to Section 68(8) was first made, the Commissioner
shall return to the stockholders of the dissolved bank, to be among them
distributed pro rata, the remainder of any such sum so deposited.
(Source: Laws 1965, p. 2020.)
(205 ILCS 5/71) (from Ch. 17, par. 383)
Sec. 71. Voluntary dissolution; fees and expenses.
(a) Any bank that elects to dissolve voluntarily under this Act shall pay to the Secretary a fee, which shall be paid upon the Secretary's receipt of the bank's statement of intent. The Secretary shall prescribe by rule the amount of such fee.
(b) All expenses incurred by the Secretary in connection with the voluntary dissolution of any bank shall be paid by the dissolving State bank. The expenses incurred under this subsection shall be deemed to be a liability of the dissolving bank.
(Source: P.A. 98-1081, eff. 1-1-15.)
(205 ILCS 5/72) (from Ch. 17, par. 384)
Sec. 72.
Voluntary dissolution; dissolving bank.
Upon and after the day on which the publication provided for in Section
68(8) was first made:
(1) The dissolving bank shall cease to carry on its business, except
insofar as may be necessary for the proper winding up thereof, but its
corporate existence shall continue until the expiration of six years from
the date upon which the publication provided for in Section 68(8) was first
made;
(2) The dissolving bank as soon as practical shall resign all fiduciary
positions and take such action as may be necessary to settle its fiduciary
accounts;
(3) The dissolving bank as soon as practical shall discontinue any safe
deposit business it may have and take steps to return any property of
others that it may have in its possession as bailee; and
(4) The dissolving bank may make and distribute to its stockholders from
time to time liquidating dividends provided in each case the amount, manner
and time of payment shall have been first approved by the Commissioner.
(Source: Laws 1965, p. 2020.)
(205 ILCS 5/73) (from Ch. 17, par. 385)
Sec. 73.
Voluntary dissolution; limitation on claims.
The publication by the Commissioner of a resolution for dissolution
shall not impair any right of a depositor or creditor to payment in full of
his lawful claims nor impair any right or remedy theretofore had for the
enforcement thereof, provided, however, that all debts and demands for the
recovery of which no action shall have been commenced against the
dissolving bank on or before the termination of six years from the first
day on which the publication was made by the Commissioner shall be barred
and unenforceable after the termination of said six year period, and no
action shall thereafter be commenced therefor, and further, provided, that
this section shall not extend the time or limitation on any action that
would otherwise be earlier barred.
(Source: Laws 1965, p. 2020.)
(205 ILCS 5/74) (from Ch. 17, par. 386)
Sec. 74.
Voluntary dissolution; termination of charter.
Upon being satisfied that the affairs of a state bank have been wound up
pursuant to a resolution of dissolution and after 6 years from the
first
day on which publication of a resolution of dissolution by the
Commissioner was accomplished, or 2 years in the case of voluntary
dissolution of a bank pursuant to Section 74.5, he shall issue his
certificate of cancellation of the charter
of the dissolving bank and its corporate existence shall then and thereupon
terminate. This certificate shall be recorded by the Commissioner and the
original or a certified copy thereof shall be evidence in all courts of the
termination of the charter of a bank.
(Source: P.A. 89-364, eff. 8-18-95.)
(205 ILCS 5/74.5)
Sec. 74.5.
Voluntary dissolution of less active bank.
Upon being
satisfied that the affairs of a State bank that had originally transferred
substantially all its assets and liabilities pursuant to Section 13 of this Act
have been wound up, and that the bank has not accepted deposits other than
from other banks owned or controlled by the same bank holding company for a
period of at least 2 years, the Commissioner may provide for the expedited
conclusion of dissolution proceedings and termination of the charter and may, 2
years after the first day on which the publication of a resolution of
dissolution by the Commissioner was
accomplished, issue his certificate of cancellation of the charter of the
dissolving bank and its corporate existence shall then and thereupon terminate.
This certificate shall be recorded by the Commissioner and the original or a
certified copy thereof shall be evidence in all courts of the termination of
the charter of the bank.
(Source: P.A. 89-364, eff. 8-18-95.)
(205 ILCS 5/75) (from Ch. 17, par. 387)
Sec. 75.
Separability.
If any provision, clause or phrase of this Act or the application
thereof to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or application of this Act which can be
given effect without the invalid provision or application and to this end
provisions of this Act are declared to be separable.
(Source: Laws 1955, p. 83.)
(205 ILCS 5/76) (from Ch. 17, par. 388)
Sec. 76.
Effective Date.
The Secretary of State for this State shall
submit this Act to a vote of the people for their approval in accordance
with Section 5 of Article XI of the Constitution of this State at the next
general election. In accordance with Section 16-7 of "The Election Code",
approved May 11, 1943, as amended, the question shall be stated "Shall "An Act
to revise the law with relation to banks and banking and to provide penalties
for the violation thereof, and to repeal certain Acts herein named" be adopted
effective January 1, 1957?" If a majority of the votes upon such question are
for the adoption of such Act, the Governor shall, thereupon, issue his
proclamation that this Act is in force effective January 1, 1957.
(Source: Laws 1955, p. 83.)
(205 ILCS 5/77) (from Ch. 17, par. 389)
Sec. 77.
Repealer.
(1) "An Act to revise the law with relation to banks
and banking" approved June 23, 1919, and all Acts amendatory thereof are
hereby repealed as of the date this Act becomes effective.
(2) "An Act concerning civil actions to enforce the superadded
liabilities of stockholders of banks organized under the laws of this
State" approved April 22, 1941, is hereby repealed as of the date this Act
becomes effective.
(3) "An Act in relation to the payment of deposits in trust" approved
June 27, 1921, is hereby repealed as of the date this Act becomes effective.
(4) "An Act relating to receivers and assignees of banks, banking
institutions, banking firms and savings banks" approved May 31, 1879, is
hereby repealed as of the date this Act becomes effective.
(Source: Laws 1955, p. 83.)
(205 ILCS 5/78) (from Ch. 17, par. 390)
Sec. 78. Board of banks and trust companies; creation, members, appointment.
There is created a Board which shall be known as the State Banking Board of
Illinois which shall consist of the Director of Banking, who shall be its chairman,
and 12 additional members. The Board shall be comprised of individuals interested in the banking industry. Two members shall be from State banks having total assets of not more than $75,000,000 at the time of their appointment; 2 members shall be from State banks having total assets of more than $75,000,000, but not more than $150,000,000 at the time of their appointment; 2 members shall be from State banks having total assets of more than $150,000,000, but not more than $500,000,000 at the time of their appointment; 2 members shall be from State banks having total assets of more than $500,000,000, but not more than $2,000,000,000 at the time of their appointment; one member shall be from a State bank having total assets of more than $2,000,000,000 at the time of his or her appointment; and one member shall be from a savings bank organized under the Savings Bank Act. There shall be one alternate member from a savings bank organized under the Savings Bank Act whose role shall be to attend a meeting of the State Banking Board if and only if the sitting member from a savings bank is unable to attend the meeting. There shall be 2 public members, neither of whom shall be an officer or director of or owner, whether directly or indirectly, of more than 5% of the outstanding capital stock of any bank or savings bank. Members of the State Banking Board of Illinois cease to be eligible to serve on the Board once they no longer meet the requirements of their original appointment; however, a member from a State bank shall not be disqualified solely due to a change in the bank's asset size.
(Source: P.A. 99-39, eff. 1-1-16; 100-783, eff. 8-10-18.)
(205 ILCS 5/79) (from Ch. 17, par. 391)
Sec. 79. Board, terms of office. The terms of office of the State Banking Board of Illinois shall be 4 years, except that the initial Board appointments shall be staggered with the Governor initially appointing, with advice and consent of the Senate, 3 members to serve 2-year terms, 4 members to serve 3-year terms, and 4 members to serve 4-year terms. The sitting member from a savings bank organized under the Savings Bank Act and the alternate member from a savings bank organized under the Savings Bank Act shall be appointed for the same terms of office. Members shall continue to serve on the Board until their replacement is appointed and qualified. Vacancies shall be filled by appointment by the Governor with advice and consent of the Senate.
No State Banking Board
member shall serve
more than 2 full 4-year terms of office.
(Source: P.A. 100-783, eff. 8-10-18.)
(205 ILCS 5/80) (from Ch. 17, par. 392)
Sec. 80. Board; powers. The Board shall have the following powers in
addition to any others that may be granted to it by law:
(a) (Blank).
(b) To review, consider, and make recommendations to the Director of Banking
upon any banking matters.
(c) (Blank).
(d) (Blank).
(e) To review, consider, and submit to the Director of Banking and to the
Governor proposals for amendments to this Act or for changes in or
additions to the administration thereof which in the opinion of the
Board are necessary or desirable in order to assure the safe and sound
conduct of the banking business.
(f) To require the Secretary to furnish the Board space for
meetings to be held by the Board as well as to require the Secretary
to provide such clerical and technical assistance as the Board may
require.
(g) To adopt its own by-laws with respect to Board meetings and
procedures. Such by-laws shall provide that:
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) (Blank).
(l) (Blank).
(m) To authorize the transfer of funds from the Illinois Bank Examiners' Education Fund to the Bank and Trust Company Fund. Any amount transferred shall be retransferred to the Illinois Bank Examiners' Education Fund from the Bank and Trust Company Fund within 3 years.
(n) To maintain and direct the investments of the Illinois Bank Examiners' Education Fund.
(o) To evaluate various courses, programs, curricula, and schools of continuing education and professional training that are available from within the United States for State banking department examination personnel and develop a program known as the Illinois Bank Examiners' Education Program. The Board shall determine which courses, programs, curricula, and schools will be included in the Program to be funded by the Foundation.
(Source: P.A. 96-1163, eff. 1-1-11.)
(205 ILCS 5/81) (from Ch. 17, par. 393)
Sec. 81.
Board;
compensation.
No member of the Board, including the chairman, shall receive any
compensation for services on the Board but shall be reimbursed for ordinary
and necessary expenses incurred in attending meetings of the Board.
(Source: Laws 1965, p. 2020.)
(205 ILCS 5/82) (from Ch. 17, par. 394)
Sec. 82. Commissioner, board; civil liability. Neither the Secretary, Director of Banking, any member of the State Banking Board
of Illinois, nor any examiner, assistant examiner or
other employee of the Division of Banking shall be subject to any civil
liability or penalty, whether for damages or otherwise, on account of or
for any action taken or omitted to be taken in their respective official
capacities, except when such acts or omissions to act are corrupt or
malicious or unless such action is taken or omitted to be taken not in good
faith and without reasonable grounds.
(Source: P.A. 96-1163, eff. 1-1-11.)
(205 ILCS 5/83)
Sec. 83.
Compliance review.
(a) As used in this Section:
"Affiliate" means a corporation whose stock is at least 80% owned by
the depository institution or a corporation that directly or indirectly owns
at least 80% of the depository institution.
"Depository institution" means a State or national bank, a State or federally
chartered savings and loan association, or a State or federally chartered
savings bank that is engaged in the business of banking in Illinois as
appropriate.
"Compliance review committee" means:
"Compliance review documents" means documents prepared in connection with a
review or evaluation conducted by or for a
compliance review committee.
"Person" means an individual, a group of individuals, a board committee,
a partnership, a firm, an association, a corporation, or any other entity.
(b) This Section applies to compliance review committees whose functions
are to evaluate and seek to improve any of the following:
(c) Except as provided in subsection (d) of this Section:
(d) This Section does not apply to: (1) compliance review committees on
which
individuals serving on or at the direction of the compliance review committee
have
management responsibility for the operations, records, employees, or activities
being examined or evaluated by the compliance review committee and (2) any
civil action initiated by any federal or State regulatory agency.
(e) This Section shall not be construed to limit the discovery or
admissibility in any civil action of any documents other than compliance review
documents.
(Source: P.A. 89-364, eff. 8-18-95.)
Structure Illinois Compiled Statutes
Chapter 205 - FINANCIAL REGULATION
205 ILCS 5/ - Illinois Banking Act.
205 ILCS 10/ - Illinois Bank Holding Company Act of 1957.
205 ILCS 115/ - Savings and Loan Share and Account Act.
205 ILCS 205/ - Savings Bank Act.
205 ILCS 305/ - Illinois Credit Union Act.
205 ILCS 405/ - Currency Exchange Act.
205 ILCS 510/ - Pawnbroker Regulation Act.
205 ILCS 605/ - Consumer Deposit Account Act.
205 ILCS 610/ - Banking Emergencies Act.
205 ILCS 616/ - Electronic Fund Transfer Act.
205 ILCS 620/ - Corporate Fiduciary Act.
205 ILCS 625/ - Illinois Trust and Payable on Death Accounts Act.
205 ILCS 630/ - Promissory Note and Bank Holiday Act. (Part 3)
205 ILCS 635/ - Residential Mortgage License Act of 1987.
205 ILCS 645/ - Foreign Banking Office Act.
205 ILCS 650/ - Foreign Bank Representative Office Act.
205 ILCS 657/ - Transmitters of Money Act.
205 ILCS 660/ - Sales Finance Agency Act.
205 ILCS 665/ - Debt Management Service Act.
205 ILCS 670/ - Consumer Installment Loan Act.
205 ILCS 675/ - Illinois Financial Services Development Act.
205 ILCS 685/ - Currency Reporting Act.
205 ILCS 695/ - Automated Teller Machine Security Act.
205 ILCS 700/ - Adverse Claims to Deposit Accounts Act.
205 ILCS 705/ - Financial Institutions Electronic Documents and Digital Signature Act.
205 ILCS 710/ - Banking on Illinois Act.
205 ILCS 715/ - Data Processing Services for Financial Institutions Act.
205 ILCS 725/ - Blockchain Business Development Act .
205 ILCS 730/ - Blockchain Technology Act.
205 ILCS 735/ - Illinois Community Reinvestment Act.