(205 ILCS 205/Art. 1 heading)
ARTICLE 1.
General Provisions
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(205 ILCS 205/1001) (from Ch. 17, par. 7301-1)
Sec. 1001.
This Act may be cited as the Savings Bank Act.
(Source: P.A. 86-1213.)
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(205 ILCS 205/1001.5)
Sec. 1001.5. References to Office or Commissioner of Banks and Real Estate. On and after the effective date of this amendatory Act of the 94th General Assembly, unless the context requires otherwise:
(1) References in this Act to the Office of Banks and
| | Real Estate or "the Office" mean the Department of Financial and Professional Regulation.
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| (2) References in this Act to the Commissioner of
| | Banks and Real Estate or "the Commissioner" mean the Secretary of Financial and Professional Regulation.
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(Source: P.A. 94-833, eff. 6-6-06.)
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(205 ILCS 205/1002) (from Ch. 17, par. 7301-2)
Sec. 1002.
Policy and purpose.
The purpose of this Act
is to provide for the chartering,
regulation, and corporate governance of savings banks. The
policy of this Act is to encourage growth of the personal
savings base of the citizens of Illinois; to provide a healthy
savings bank industry with safe and sound methods of
investment so that this savings base will be retained in
Illinois for Illinois' growth; to counter the flight of
capital from Illinois; to build a strong new system of
financial institutions in Illinois which will, by their
strength, be controlled and owned by Illinois citizens and
corporations and shall be the nucleus for a geographically
expansive industry.
To further its purpose and policies, this Act shall be liberally construed
except for those provisions that relate to safety and soundness of operations,
investments, and management. In those areas, the General Assembly decrees that
this Act shall be strictly construed and that each savings bank shall apply the
prudent person rule. The Commissioner of Banks and Real Estate shall interpret
those Sections of this Act in
keeping with that standard.
(Source: P.A. 89-508, eff. 7-3-96.)
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(205 ILCS 205/1003) (from Ch. 17, par. 7301-3)
Sec. 1003. Administration. This Act shall be administered by the
Commissioner as provided in the Division of Banking Act.
(Source: P.A. 96-1365, eff. 7-28-10.)
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(205 ILCS 205/1004) (from Ch. 17, par. 7301-4)
Sec. 1004. Applicability.
(a) This Act shall apply to all financial institutions no
matter how named or chartered, if they comply with the
provisions of this Act and with the rules of the Commissioner
promulgated pursuant to this Act.
(b) No person or group of persons, except a savings bank duly organized
or authorized under this Act, a predecessor Act, or a federal Act may
transact business within the scope of this Act or do business under any
name or title or circulate or use any advertising or make any
representations or give any information to anyone using any media,
including electronic media, that indicates or implies the operation of a
business within the scope of this Act. Nothing herein
shall prohibit the continued use of the name or title "savings bank" by any
bank or savings and loan association if the use of that name or title was
in effect before January 1, 1990.
(c) Except as otherwise expressly permitted by law or with the written consent of the savings bank, no person or group of persons may use the name of or a name similar to the name of an existing savings bank when marketing or soliciting business from customers or prospective customers if the name or similar name is used in a manner that would cause a reasonable person to believe that the marketing material or solicitation originated from or is endorsed by the existing savings bank or that the existing savings bank is in any other way responsible for the marketing material or solicitation.
(d) Any person who violates subsection (b) of this Section commits a business offense and shall be fined in an amount not to exceed $5,000.
(e) In addition to any other available remedies, any existing savings bank may report an alleged violation of any provision of this Section to the Secretary of Financial and Professional Regulation. If the Secretary finds that any person or group of persons is in violation of any provision of this Section, then the Secretary may direct that person or group of persons to cease and desist from that violation. If the Secretary issues a cease and desist order against any person or group of persons for violation of subsection (c), then the order must require that person or group of persons to cease and desist from using the offending marketing material or solicitation in Illinois.
If the person or group of persons against whom the Secretary issued the cease and desist order persists in the violation, then the Secretary may impose a civil penalty of up to $10,000 for each violation. Each day that a person or group of persons is in violation of this Section constitutes a separate violation of this Section and each instance in which marketing material or a solicitation is sent in violation of subsection (c) constitutes a separate violation of this Section.
(f) The Department of Financial and Professional Regulation may adopt rules to administer the provisions of this Section.
(Source: P.A. 94-833, eff. 6-6-06.)
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(205 ILCS 205/1005) (from Ch. 17, par. 7301-5)
Sec. 1005.
Insurance of accounts.
Each savings bank operating under this Act must secure
insurance of its deposit accounts backed by the full
faith and credit of the United States government prior to commencing
business and may, subject to the Commissioner's regulation, secure or
participate in efforts to obtain insurance of those deposits
that are in excess of the amount eligible for federal
insurance of accounts. The insurance shall be known as
"excess insurance".
(Source: P.A. 86-1213.)
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(205 ILCS 205/1006) (from Ch. 17, par. 7301-6)
Sec. 1006. Parity.
(a) Subject to the regulation of the Commissioner and in addition to the
powers granted by this Act, each savings bank operating under this Act shall
possess those powers granted by regulation promulgated under the Federal
Deposit Insurance Act for state savings banks.
(b) A savings bank may establish branches or offices at which savings or
investments are regularly received or loans approved as follows:
(1) to the extent branch powers and offices are
| | granted to State banks under the Illinois Banking Act;
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(2) within the geographic area defined in Article 2
| | of this Act and subject to the provisions of Article 2 of this Act;
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(3) within the same geographic areas or states as
| | those states from which a holding company is permitted to acquire an Illinois savings bank or an Illinois savings bank holding company;
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(4) to the same extent that holding companies and
| | savings and loan associations headquartered outside the State of Illinois are allowed to operate in Illinois by virtue of Articles 1A and 2B of the Illinois Savings and Loan Act of 1985;
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(5) as the result of mergers, consolidations, or bulk
| | sales of facilities in the case of relocations; and
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(6) to the extent an out-of-state savings bank has
| | its main banking premises in a state that is reciprocal with Illinois and would be eligible to establish a branch pursuant to Section 1006.05 of this Act.
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| (c) The Commissioner may adopt regulations that provide for the
establishment of branches as defined by the Commissioner.
(d) Notwithstanding any other provision of this Act, a savings bank that
purchases or assumes all or any part of the assets or liabilities of a bank,
savings bank, or savings and loan association or merges or consolidates with a
bank, savings bank, or savings and loan association may retain and maintain the
main premises or branches of the former bank, savings bank, or savings and loan
association as branches of the purchasing, merging, or consolidating savings
bank, provided it assumes the deposit liabilities of the bank, savings bank, or
savings and loan association maintained at the main premises or branches.
(e) A savings bank has any power reasonably incident,
convenient, or useful
to
the accomplishment of the powers conferred upon
the savings bank by this Act.
(Source: P.A. 93-965, eff. 8-20-04.)
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(205 ILCS 205/1006.05)
Sec. 1006.05. Out-of-state savings banks establishing branches.
(a) No out-of-state savings 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 any other provision of this Act, unless:
(1) the laws of the state in which such out-of-state
| | savings bank has its main banking premises permit the out-of-state savings bank to establish a branch in this State;
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| (2) the out-of-state savings bank has its main
| | banking premises in a state that permits an Illinois State savings bank to establish a branch in that state pursuant to terms and conditions that are deemed to be reciprocal with the provisions of this Act; and
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| (3) the out-of-state savings bank obtains a
| | certificate of authority from, or provides notice to, the Commissioner as provided in subsection (b) of this Section.
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| (b) Before the out-of-state savings bank may establish a branch in this State, the out-of-state savings bank must obtain a certificate of authority from the Commissioner. The out-of-state savings 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 savings bank is chartered permits an Illinois State savings bank to establish a branch in that state without filing an application. An out-of-state savings 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 savings bank to its chartering authority.
(c) The determination of whether the laws of the state in which the out-of-state savings 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 an Illinois State savings bank to establish a branch in the 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 the other state discriminate in any way against an Illinois State savings bank and whether the laws of the other state impose administrative or regulatory burdens that are substantially more restrictive than those imposed by this Act on an out-of-state savings bank seeking to establish a branch in this State.
(d) After the out-of-state savings bank lawfully establishes a branch in this State pursuant to the provisions of this Section, the out-of-state savings bank may establish and maintain additional branches in this State to the same extent as an Illinois State savings bank. An out-of-state savings bank shall provide written notice to the Commissioner of its intent to establish an additional branch or additional branches in this State within 30 days after receiving approval from its chartering authority or other appropriate regulatory 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 savings bank may not conduct any activity that is not authorized for an Illinois State savings bank.
(Source: P.A. 93-965, eff. 8-20-04.)
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(205 ILCS 205/1006.10)
Sec. 1006.10. Prohibition against establishment of offices or branches on or adjacent to 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 the Illinois Banking Act, except that for purposes of this Section, the provisions in item (1) of subsection (b) of Section 35.2 shall apply to all savings banks.
"Savings bank" means a savings bank operating under this Act, an out-of-state savings bank as defined under this Act, or a savings association defined in the Federal Deposit Insurance Act.
"Savings bank holding company" has the meaning ascribed in this Act.
(b) Notwithstanding any other law of this State, no savings bank may establish or maintain a branch that accepts deposits on or adjacent to the premises of an affiliate of the savings bank if the affiliate engages in any commercial activity that could not lawfully be conducted by a savings bank holding company or a subsidiary of the savings bank 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 such 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.)
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(205 ILCS 205/1007) (from Ch. 17, par. 7301-7)
Sec. 1007.
Definitions.
Unless the context otherwise requires, as used in this Act, the
terms defined in the Sections following this Section and preceding
Section 1008 shall have the meanings therein given.
(Source: P.A. 86-1213.)
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(205 ILCS 205/1007.05) (from Ch. 17, par. 7301-7.05)
Sec. 1007.05.
"Affiliate" means any company that controls, is
controlled by, or is under common control with a savings bank
operating under this Act.
The term "affiliated person of a savings bank or
insured institution" means the following:
(1) a director, officer, or controlling person of a
| | savings bank or insured institution;
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(2) a spouse of a director, officer, or controlling
| | person of a savings bank or institution;
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(3) member of the immediate family of a director,
| | officer, or controlling person of a savings bank or insured institution, who has the same home as that person, or who is a director or officer of any subsidiary of the savings bank or insured institution or of any holding company affiliate of the savings bank or insured institution;
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(4) any corporation or organization (other than the
| | savings bank or insured institution or a corporation or organization through which the savings bank or insured institution operates) of which a director, officer or controlling person of the savings bank or insured institution:
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(A) is chief executive officer, chief financial
| | officer, or a person performing similar functions;
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(B) is a general partner;
(C) is a limited partner who directly or
| | indirectly either alone or with his spouse and the members of his immediate family who are also affiliated persons of the institution, owns an interest of 10% or more in the partnership (based on the value of his contribution) or who, directly or indirectly with other directors, officers, and controlling persons of the institution and their spouses and their immediate family members who are also affiliated persons of the institution, owns an interest of 25% or more in the partnership; or
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(D) directly or indirectly either alone or with
| | his spouse and the members of his immediate family who are also affiliated persons of the institution, owns or controls 10% or more of any class of equity securities or owns or controls, with other directors, officers, and controlling persons of the savings bank or insured institution and their spouses and their immediate family members who are also affiliated persons of the savings bank or insured institution, 25% or more of any class of equity securities.
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(Source: P.A. 86-1213.)
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(205 ILCS 205/1007.10) (from Ch. 17, par. 7301-7.10)
Sec. 1007.10.
"Appraisal" means a professionally derived written
conclusion of the value of the present worth of specified
interests or rights in a specific piece of real property,
which conclusion is supported by stipulated market conditions
and explicitly stated assumptions as of a particular point in
time and made for a specified party.
(Source: P.A. 86-1213.)
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(205 ILCS 205/1007.15) (from Ch. 17, par. 7301-7.15)
Sec. 1007.15.
"Bank" means a commercial bank chartered by the Comptroller of
the Currency or by the Illinois Commissioner of Banks and Real Estate under
the Illinois Banking Act.
(Source: P.A. 89-508, eff. 7-3-96.)
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(205 ILCS 205/1007.20) (from Ch. 17, par. 7301-7.20)
Sec. 1007.20.
"Branch" or "branch office" includes any location
established by a savings bank where deposits are received, loans are made,
or checks are paid, but shall
not include any place where only records thereof are made, posted, or kept.
A place where the savings bank's business is conducted only through an
automatic teller machine or an affiliate facility shall not be deemed a
branch.
(Source: P.A. 90-301, eff. 8-1-97.)
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(205 ILCS 205/1007.25) (from Ch. 17, par. 7301-7.25)
Sec. 1007.25.
"Capital" includes net worth, paid-in-surplus,
capital stock equity, undivided profits, and earnings, as
further defined in Section 5002.
(Source: P.A. 86-1213.)
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(205 ILCS 205/1007.30) (from Ch. 17, par. 7301-7.30)
Sec. 1007.30.
"Commissioner" means the Secretary of Financial and Professional Regulation or a person authorized by the Secretary, the Division of Banking Act, or this Act to act in the Secretary's stead.
(Source: P.A. 96-1365, eff. 7-28-10.)
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(205 ILCS 205/1007.35) (from Ch. 17, par. 7301-7.35)
Sec. 1007.35.
"Control", unless specified otherwise in this Act,
shall mean:
(1) the ability of any person, entity, persons, or
| | entities acting alone or in concert with one or more persons or entities, to own, hold, or direct with power to vote, or to hold proxies representing, 10% or more of the voting shares or rights of capital stock of a savings bank, savings bank subsidiary, savings bank affiliate, or savings bank holding company or 10% or more of the members shares of a mutual savings bank or mutual savings bank holding company;
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(2) the ability to achieve in any manner the election
| | or appointment of a majority of the directors of a savings bank; or
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(3) the power to direct or exercise significant
| | influence over the management or policies of the savings bank or savings bank affiliate.
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"Control" does not include the voting of proxies obtained from
depositors if the proxies are voted as directed by a majority of the board
of directors of the savings bank or of a committee of directors when the
committee's composition and powers may be revoked by a majority vote of the
board of directors.
(Source: P.A. 96-585, eff. 8-18-09.)
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(205 ILCS 205/1007.40) (from Ch. 17, par. 7301-7.40)
Sec. 1007.40.
"Default" and "in danger of default" shall have the
respective meanings ascribed to these terms in the Illinois Banking Act.
(Source: P.A. 86-1213.)
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(205 ILCS 205/1007.45) (from Ch. 17, par. 7301-7.45)
Sec. 1007.45.
"Deposit insurance corporation" means the Federal Deposit
Insurance Corporation or other instrumentality of or corporation chartered
by the United States that is supported by the "Full faith and credit of the
United States government" as stated in a congressional resolution.
(Source: P.A. 86-1213.)
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(205 ILCS 205/1007.50) (from Ch. 17, par. 7301-7.50)
Sec. 1007.50.
"Depository institution", as used in this Act, shall mean an insured depository institution as defined by Section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813), as amended, or an insured credit union as defined by Section 101(7) of the Federal Credit Union Act (12 U.S.C. 1752(7)), as amended.
(Source: P.A. 97-492, eff. 1-1-12.)
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(205 ILCS 205/1007.55) (from Ch. 17, par. 7301-7.55)
Sec. 1007.55.
"Director" means any director, trustee, or other
person performing similar functions with respect to any
organization whether incorporated or unincorporated.
In the case of a manager-managed limited liability company, however,
"director" means
a manager of the savings bank, and in the case of a member-managed limited
liability company, "director" means a member of the savings 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 director.
(Source: P.A. 93-561, eff. 1-1-04.)
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(205 ILCS 205/1007.57)
Sec. 1007.57. Division. "Division" means the Division of Banking within the Department of Financial and Professional Regulation.
(Source: P.A. 96-1365, eff. 7-28-10.)
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(205 ILCS 205/1007.60) (from Ch. 17, par. 7301-7.60)
Sec. 1007.60.
"Eligible insured bank" means an insured bank, having its
main banking premises in Illinois, that is in default or in danger of
default as those terms are defined in this Act.
(Source: P.A. 86-1213.)
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(205 ILCS 205/1007.65) (from Ch. 17, par. 7301-7.65)
Sec. 1007.65.
"Fiduciary" means a trustee, executor, administrator,
guardian, agent, receiver, trustee in bankruptcy, assignee for creditors,
or any holder of a similar position of trust. It also describes the
relationship of a director to a savings bank as stipulated in Section 4010
of this Act.
(Source: P.A. 86-1213.)
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(205 ILCS 205/1007.70) (from Ch. 17, par. 7301-7.70)
Sec. 1007.70.
(Repealed).
(Source: P.A. 86-1213. Repealed by P.A. 98-1081, eff. 1-1-15.)
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(205 ILCS 205/1007.75) (from Ch. 17, par. 7301-7.75)
Sec. 1007.75.
"Insured savings bank" means a savings bank the
accounts of which are insured wholly or in part
by a deposit insurance corporation.
(Source: P.A. 86-1213.)
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(205 ILCS 205/1007.80) (from Ch. 17, par. 7301-7.80)
Sec. 1007.80.
"Investment" means loans, both residential and commercial,
as well as purchases of corporate debentures, securities, bonds, joint
venture shares, and purchases of mutual fund shares subject to regulation
of the Commissioner.
(Source: P.A. 86-1213.)
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(205 ILCS 205/1007.85) (from Ch. 17, par. 7301-7.85)
Sec. 1007.85.
"Marketable investment securities" means investment grade
marketable obligations evidencing indebtedness of any person in the form of
bonds, notes, or debentures, commonly known as investment securities, of a
type customarily sold on recognized exchanges or traded over the counter,
but does not include stocks.
(Source: P.A. 86-1213.)
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(205 ILCS 205/1007.90) (from Ch. 17, par. 7301-7.90)
Sec. 1007.90.
"Person" means an individual, corporation, limited liability
company, partnership,
joint venture, trust, estate, or unincorporated association.
(Source: P.A. 91-929, eff. 12-15-00.)
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(205 ILCS 205/1007.95) (from Ch. 17, par. 7301-7.95)
Sec. 1007.95.
"Prudent person rule" means that in all activities
connected with savings banks operating under this Act, all officers,
directors, employees, and agents of any kind of a savings bank must
exercise the judgment and care under circumstances then prevailing
that persons of prudence, discretion, and intelligence exercise in
the management of their own affairs, not in regard to speculation,
but in regard to the permanent disposition of their funds,
considering the probable income as well as the probable safety of
their capital.
(Source: P.A. 86-1213.)
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(205 ILCS 205/1007.100) (from Ch. 17, par. 7301-7.100)
Sec. 1007.100.
"Published" means the publishing of the notice referred
to, in a newspaper of general circulation in the community in which the
subject savings bank is located. Publishing shall be at the expense of the
savings bank if it is required to publish. Where publishing is required,
the savings bank shall submit to the Commissioner evidence of the
publication as the Commissioner shall deem appropriate.
(Source: P.A. 86-1213.)
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(205 ILCS 205/1007.105) (from Ch. 17, par. 7301-7.105)
Sec. 1007.105.
"Service corporation" means any corporation or limited
liability company that
is 51% or more owned by one or more savings banks, or by savings banks and
other depository institutions, whose purposes are reasonably incident to
the accomplishment of the powers conferred upon
savings banks by this Act.
(Source: P.A. 91-97, eff. 7-9-99; 91-929, eff. 12-15-00.)
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(205 ILCS 205/1007.110) (from Ch. 17, par. 7301-7.110)
Sec. 1007.110.
"Value" means the present worth of all rights to
future benefits arising from ownership.
(Source: P.A. 86-1213.)
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(205 ILCS 205/1007.115)
Sec. 1007.115.
Federal association.
"Federal association" means a savings
and loan association or savings bank incorporated under the federal Home Owners
Loan Act of 1993, as now or hereafter amended, whose principal business office
is located within this State.
(Source: P.A. 90-270, eff. 7-30-97; 90-655, eff. 7-30-98.)
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(205 ILCS 205/1007.120)
Sec. 1007.120.
Affiliate facility.
"Affiliate facility"
of a savings bank means a depository institution main office or branch office
of an affiliate depository institution. The depository institution main office
or branch office may be an affiliate facility with respect to one or more
affiliated savings banks.
(Source: P.A. 90-301, eff. 8-1-97; 90-655, eff.
7-30-98.)
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(205 ILCS 205/1007.125)
Sec. 1007.125.
"Bylaws" means the bylaws of a savings bank that are
adopted
by the savings
bank's board of directors or shareholders for the regulation and management of
the savings bank's affairs. If the savings bank operates as a limited liability
company, however, "bylaws" means the operating agreement of the savings bank.
(Source: P.A. 86-1213.)
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(205 ILCS 205/1007.130)
Sec. 1007.130. Out-of-state savings bank. "Out-of-state savings bank" means a savings bank or an association chartered under the laws of a state other than Illinois, a territory of the United States, or the District of Columbia.
(Source: P.A. 98-1081, eff. 1-1-15.)
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(205 ILCS 205/1007.135)
Sec. 1007.135. Secretary of the Department of Financial and Professional Regulation. "Secretary" means the Secretary of the Department of Financial and Professional Regulation, or a person authorized by the Secretary or by this Act to act in the Secretary's stead.
(Source: P.A. 95-1047, eff. 4-6-09.)
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(205 ILCS 205/1007.150)
Sec. 1007.150. Applicability of other Acts. Whenever the term "savings and loan", "building and loan", "mutual building loan and homestead", or "building loan and homestead" or other similar name is used with reference to an association organized for the purposes of associations incorporated under the Illinois Savings and Loan Act of 1985 or a similar Act, such reference shall be applicable to a savings bank operating under this Act. Whenever in any Act the term "members", "shareholders", or "investors" is used in connection with such associations, however named, the same shall refer to members and holders of capital of savings banks operating under this Act.
(Source: P.A. 98-1081, eff. 1-1-15.)
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(205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
Sec. 1008. General corporate powers.
(a) A savings bank operating under this Act shall be a body
corporate and politic and shall have all of the powers
conferred by this Act including, but not limited to, the following powers:
(1) To sue and be sued, complain, and defend in its
| | corporate name and to have a common seal, which it may alter or renew at pleasure.
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(2) To obtain and maintain insurance by a deposit
| | insurance corporation as defined in this Act.
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(3) To act as a fiscal agent for the United States,
| | the State of Illinois or any department, branch, arm, or agency of the State or any unit of local government or school district in the State, when duly designated for that purpose, and as agent to perform reasonable functions as may be required of it.
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(4) To become a member of or deal with any
| | corporation or agency of the United States or the State of Illinois, to the extent that the agency assists in furthering or facilitating its purposes or powers and to that end to purchase stock or securities thereof or deposit money therewith, and to comply with any other conditions of membership or credit.
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(5) To make donations in reasonable amounts for the
| | public welfare or for charitable, scientific, religious, or educational purposes.
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(6) To adopt and operate reasonable insurance, bonus,
| | profit sharing, and retirement plans for officers and employees and for directors including, but not limited to, advisory, honorary, and emeritus directors, who are not officers or employees.
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(7) To reject any application for membership; to
| | retire deposit accounts by enforced retirement as provided in this Act and the bylaws; and to limit the issuance of, or payments on, deposit accounts, subject, however, to contractual obligations.
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(8) To purchase stock or membership interests in
| | service corporations and to invest in any form of indebtedness of any service corporation as defined in this Act, subject to regulations of the Secretary.
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(9) To purchase stock of a corporation whose
| | principal purpose is to operate a safe deposit company or escrow service company.
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(10) To exercise all the powers necessary to qualify
| | as a trustee or custodian under federal or State law, provided that the authority to accept and execute trusts is subject to the provisions of the Corporate Fiduciary Act and to the supervision of those activities by the Secretary.
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(11) (Blank).
(12) To establish, maintain, and operate terminals as
| | authorized by the Electronic Fund Transfer Act.
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(13) To pledge its assets:
(A) to enable it to act as agent for the sale of
| | obligations of the United States;
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(B) to secure deposits;
(C) to secure deposits of money whenever required
| | by the National Bankruptcy Act;
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(D) (blank); and
(E) to secure trust funds commingled with the
| | savings bank's funds, whether deposited by the savings bank or an affiliate of the savings bank, as required under Section 2-8 of the Corporate Fiduciary Act.
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(14) To accept for payment at a future date not to
| | exceed one year from the date of acceptance, drafts drawn upon it by its customers; and to issue, advise, or confirm letters of credit authorizing holders thereof to draw drafts upon it or its correspondents.
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(15) Subject to the regulations of the Secretary, to
| | own and lease personal property acquired by the savings bank at the request of a prospective lessee and, upon the agreement of that person, to lease the personal property.
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(16) To establish temporary service booths at any
| | International Fair in this State that is approved by the United States Department of Commerce for the duration of the international fair for the purpose of providing a convenient place for foreign trade customers to exchange their home countries' currency into United States currency or the converse. To provide temporary periodic service to persons residing in a bona fide nursing home, senior citizens' retirement home, or long-term care facility. These powers shall not be construed as establishing a new place or change of location for the savings bank providing the service booth.
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(17) To indemnify its officers, directors, employees,
| | and agents, as authorized for corporations under Section 8.75 of the Business Corporations Act of 1983.
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(18) To provide data processing services to others on
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(19) To utilize any electronic technology to provide
| | customers with home banking services.
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(20) Subject to the regulations of the Secretary, to
| | enter into an agreement to act as a surety.
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(21) Subject to the regulations of the Secretary, to
| | issue credit cards, extend credit therewith, and otherwise engage in or participate in credit card operations.
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(22) To purchase for its own account shares of stock
| | of a bankers' bank, described in Section 13(b)(1) of the Illinois Banking Act, on the same terms and conditions as a bank may purchase such shares. In no event shall the total amount of such stock held by a savings bank in such bankers' bank exceed 10% of its capital and surplus (including undivided profits) and in no event shall a savings bank acquire more than 5% of any class of voting securities of such bankers' bank.
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(23) With respect to affiliate facilities:
(A) to conduct at affiliate facilities any of the
| | following transactions for and on behalf of any affiliated depository institution, if so authorized by the affiliate or affiliates: receiving deposits; renewing deposits; cashing and issuing checks, drafts, money orders, travelers checks, or similar instruments; changing money; receiving payments on existing indebtedness; and conducting ministerial functions with respect to loan applications, servicing loans, and providing loan account information; and
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(B) to authorize an affiliated depository
| | institution to conduct for and on behalf of it, any of the transactions listed in this subsection at one or more affiliate facilities.
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A savings bank intending to conduct or to authorize
| | an affiliated depository institution to conduct at an affiliate facility any of the transactions specified in this subsection shall give written notice to the Secretary at least 30 days before any such transaction is conducted at an affiliate facility. All conduct under this subsection shall be on terms consistent with safe and sound banking practices and applicable law.
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(24) Subject to Article XLIV of the Illinois
| | Insurance Code, to act as the agent for any fire, life, or other insurance company authorized by the State of Illinois, by soliciting and selling insurance and collecting premiums on policies issued by such company; and may receive for services so rendered such fees or commissions as may be agreed upon between the said savings bank and the insurance company for which it may act as agent; provided, however, that no such savings bank shall in any case assume or guarantee the payment of any premium on insurance policies issued through its agency by its principal; and provided further, that the savings bank shall not guarantee the truth of any statement made by an assured in filing his application for insurance.
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(25) To become a member of the Federal Home Loan Bank
| | and to have the powers granted to a savings association organized under the Illinois Savings and Loan Act of 1985 or the laws of the United States, subject to regulations of the Secretary.
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(26) To offer any product or service that is at the
| | time authorized or permitted to a bank by applicable law, but subject always to the same limitations and restrictions that are applicable to the bank for the product or service by such applicable law and subject to the applicable provisions of the Financial Institutions Insurance Sales Law and rules of the Secretary.
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(b) If this Act or the regulations adopted under this Act fail
to
provide specific guidance in matters of corporate
governance, the provisions of the Business Corporation Act of 1983 may be
used, or if the savings bank is a limited liability company, the provisions
of the Limited Liability Company shall be used.
(c) A savings 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 savings 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 Secretary, the provision of this Act or the rule of the Secretary shall
apply.
Any filing required to be made under the Limited Liability Company Act shall
be made exclusively with the Secretary, and the Secretary shall possess
the exclusive authority to regulate the savings bank as provided in this Act.
Any organization as, conversion to, and merger with or into a limited
liability company shall be subject to the prior approval of the Secretary.
A savings bank that is a limited liability company shall be subject to all of
the provisions of this Act in the same manner as a savings bank that is
organized in stock form.
The Secretary may promulgate rules to ensure that a savings bank that is a
limited liability company (i) is operating in a safe and sound manner and (ii)
is subject to the Secretary's authority in the same manner as a savings bank
that is organized in stock form.
(Source: P.A. 97-492, eff. 1-1-12.)
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(205 ILCS 205/1008.05)
Sec. 1008.05.
Non-English language transactions.
A savings 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.)
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(205 ILCS 205/1009) (from Ch. 17, par. 7301-9)
Sec. 1009.
Status as IRS qualified thrift lender.
All savings banks
operating under this Act must qualify for either the 60% asset
test of Section 7701 (a)(19) of the Internal Revenue Code of 1986 and any
amendments thereto or an asset test as prescribed by regulations of the
Commissioner.
(Source: P.A. 90-301, eff. 8-1-97.)
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(205 ILCS 205/1010)
Sec. 1010.
Reverse mortgage; disclosure.
At the time a reverse
mortgage loan is made, the lender must provide to the mortgagor a separate
document that informs the mortgagor that by obtaining the reverse mortgage
the mortgagor's eligibility to obtain a tax deferral under the Senior Citizens
Real Estate Tax Deferral Act may be adversely affected. The mortgagor must
sign the disclosure document as part of the reverse mortgage transaction.
(Source: P.A. 92-577, eff. 6-26-02.)
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