Illinois Administrative Code

Section 315.260 Service (Repealed) (Source: Repealed at 28 Ill. Reg. 1053, effective January 5, 2004)

Section 315.270 Procedures (Repealed) (Source: Repealed at 28 Ill. Reg. 1053, effective January 5, 2004) SUBPART C: FEES FOR THE EXAMINATION OF NETWORKS AND SWITCHES

Section 315.310 Fees and Charges The Secretary is authorized by Section 25 of the Act to examine any network and any switch as to any transaction by, with, or involving a financial institution that has established a terminal in this State. The Secretary shall charge a fee of no m…

Section 315.410 Requirements for Surcharge and Contact Information Signage a) No person operating a terminal in this State shall impose any surcharge on a consumer for the usage of that terminal unless that surcharge is clearly disclosed to the consumer by display screen disclosu…

Section 315.420 Acceptance of Deposits In order to maintain parity, any financial institution, the deposits in which are insured by an agency or instrumentality of the federal government, may establish or own a terminal in this State that accepts deposits of funds to an account i…

Section 315.430 Reverse Order Personal Identification Number Programming Pursuant to subsection (i) of Section 50 of the Act [205 ILCS 5/50(i)], an owner or operator of a terminal in this State may, but is not required to, design and program the terminal so that when a consumer e…

Section 320.10 Purpose The powers of a state bank in Illinois are established and governed by the provisions of the Illinois Banking Act (the "Act") [205 ILCS 5]. Section 3 of the Act authorizes the establishment of banks for the purpose of doing a general banking business. Secti…

Section 320.20 General Banking Business A state bank has the power to do a general banking business and the power to engage in activities which are incidental and germane to carrying on a general banking business (Corbett v. Devon Bank, 299 N.E. 2d 521, 529 (1973)).

Section 320.30 Factors to be Considered a) The following factors are relevant, if applicable, in determining whether an activity is incidental and germane to carrying on a general banking business. 1) Is the activity convenient or useful in connection with the performance of one …

Section 320.40 Procedure A state bank may request a declaratory ruling pursuant to Section 5-150(a) of the Illinois Administrative Procedure Act [5 ILCS 100/5-150(a)] from this Agency that an activity is incidental and germane to carrying on a general banking business by submitti…

Section 325.10 Definitions For purposes of this Part: "Act" means the Illinois Banking Act [205 ILCS 5]. "Commissioner" means the Commissioner of Banks and Real Estate, or a person authorized by the Commissioner to act in the Commissioner's stead. "Compelling need" means that no …

Section 325.20 Purpose and Scope a) Purpose. The purpose of this Part is to establish the procedures and standards by which the Commissioner shall determine whether to disclose confidential supervisory information in response to a request for discovery or disclosure of such infor…

Section 325.30 Requests for Confidential Supervisory Information Pursuant to Section 48.3 of the Act [205 ILCS 5/48.3], a request for confidential supervisory information arising from an adversarial matter, whether by subpoena, order, or other judicial or administrative process, …

Section 325.40 Where to Submit a Request A person requesting discovery or disclosure of confidential supervisory information under this Part shall mail, or hand deliver, the request to: Office of Banks and Real Estate Bureau of Banks and Trust Companies 500 East Monroe Street Spr…

Section 325.50 Consideration of Requests a) Standards for the Disclosure of Confidential Supervisory Information. When making a determination with respect to the disclosure of confidential supervisory information, the Commissioner shall consider the following standards: 1) the co…

Section 325.60 Disclosure of Confidential Supervisory Information a) Conditions and Limitations. The Commissioner may impose any conditions and limitations on the disclosure of confidential supervisory information that are necessary to protect the confidentiality of such informat…

Section 325.70 Retrieval and Destruction of Previously Disclosed Confidential Supervisory Information Used in Litigation At the conclusion of an action: a) the requester shall retrieve the disclosed confidential supervisory information from the judicial or administrative file as …

Section 325.80 Fees for Services The Commissioner may charge the following fees for any record search or copying performed by the Commissioner: a) Reproduction costs incurred in making photocopies of documents shall be reimbursed at $.25 per exposure. b) All other costs, includin…

Section 330.10 Definitions "Act" means the Illinois Banking Act [205 ILCS 5]. "Department" means the Department of Financial and Professional Regulation. "Director" means the Director of the Division of Banking with the authority delegated by the Secretary. "Division" means the D…

Section 330.100 Purpose Section 32 of the Act is intended to prevent one person or a relatively small group of persons, from borrowing an unduly large amount of a bank's funds. It is also intended to safeguard a bank's depositors by diversifying the risk of loan losses among a re…

Section 330.110 Combining Loans to Separate Persons a) A loan or extension of credit to one person shall be considered a loan or extension of credit to a second person if the credit worthiness of the one person does not justify the loan or extension of credit without reliance on …

Section 330.120 Good Faith Reliance When determining whether a loan combination question exists, the directors, officers, employees and agents of a state bank shall be entitled to rely and shall be protected in relying in good faith upon the books and records of the bank and upon…

Section 330.20 Renewals of Loans or Extensions of Credit A renewal of a loan or extension of credit shall not be deemed to be a new loan or extension of credit except in instances when interest on the renewed loan or extension of credit is capitalized. SUBPART B: AGGREGATION OF L…

Section 330.200 Definitions For purposes of this Subpart, the following definitions apply: "Appropriate Federal Banking Agency" means the Federal Deposit Insurance Corporation, the Federal Reserve Bank of Chicago or the Federal Reserve Bank of St. Louis. "Borrower" means a person…

Section 330.210 Lending Limits; Derivatives For purposes of Section 32 of the Act and Section 6013 of the Savings Bank Act, derivative transactions shall be included in the calculation of lending limits. a) The calculation of derivatives as applied to lending limits for purposes …

Section 330.220 Nonconforming Loans and Extensions of Credit a) A loan or extension of credit, within a state bank's legal lending limit when made, will not be deemed a violation but will be treated as nonconforming if the loan or extension of credit is no longer in conformity wi…

Section 330.230 Credit Exposure Arising from Derivative Transactions a) Scope. This Section sets forth the standards for calculating the credit exposure arising from a derivative transaction entered into by a state bank for purposes of determining the bank's lending limit pursuan…

Section 335.10 Purpose Section 2 of the Illinois Banking Act defines "unimpaired capital and unimpaired surplus" as including a 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 …

Section 335.20 Definitions "Allowance for loan and lease losses" are reserves that have been established through a charge against earnings to absorb future losses on loans or lease financing receivables. Allowance for loan and lease losses exclude allocated transfer risk reserves…

Section 335.30 General Rule For the purposes of Section 2 of the Illinois Banking Act, "unimpaired capital and unimpaired surplus" shall include the balance of the state bank's allowance for loan and lease losses not included in the state bank's Tier 1 Capital and Tier 2 Capital.

Section 340.10 Scope and Authority The Illinois Commissioner of Banks and Real Estate is responsible for the administration of the Illinois Banking Act (the Act) [205 ILCS 5]. Section 37(1) of the Act requires the Commissioner to prescribe by rule limits on loans made by a state …

Section 340.20 Definitions For purposes of this Part: "actively engaged" means direct involvement in the policies of a corporation or firm; "control" means: the ownership of or the power to vote 10% or more of any class of voting securities of a corporation; or the ability to dir…

Section 340.30 Limits Any loan or extension of credit by a state bank to any of its officers, employees, directors or to corporations or firms controlled by them or in the management of which any of them are actively engaged must receive the prior approval of the board of directo…

Section 345.10 Authority, Purposes, and Scope a) The Illinois Community Reinvestment Act (ILCRA) [205 ILCS 735] authorizes this Part. b) Purposes. This Part is intended to carry out the purposes of the Illinois Community Reinvestment Act (ILCRA) by establishing the framework and …

Section 345.20 Definitions For purposes of this Part, the following definitions apply: "Affiliate" means any company that controls, is controlled by, or is under common control with another company. The term "control" has the meaning given to that term in 12 U.S.C. 1841(a)(2), an…

Section 345.200 Assessment Factors As used in this Part, "assessment factors" means the assessment of the following factors to determine whether a bank is meeting the financial services needs of local communities: a) activities to ascertain the financial services needs of the com…

Section 345.210 Performance Tests, Standards, and Ratings, in General a) Performance tests and standards. The Secretary assesses the ILCRA performance of a bank in an examination as follows: 1) Lending, investment, and service tests. The Secretary applies the assessment factors, …

Section 345.220 Lending Test a) Scope of test. 1) The lending test evaluates a bank's record of helping to meet the credit needs of its assessment area through its lending activities by considering a bank's home mortgage, small business, small farm, and community development lend…

Section 345.230 Investment Test a) Scope of test. The investment test evaluates a bank's record of helping to meet the credit needs of its assessment area through qualified investments that benefit its assessment area or a broader statewide or regional area that includes the bank…

Section 345.240 Service Test a) Scope of test. The service test evaluates a bank's record of helping to meet the credit needs of its assessment area by analyzing both the availability and effectiveness of a bank's systems for delivering retail banking services and the extent and …

Section 345.250 Community Development Test for Wholesale or Limited Purpose Banks a) Scope of test. The FDIC assesses a wholesale or limited purpose bank's record of helping to meet the credit needs of its assessment area under the community development test through its community…

Section 345.260 Small Bank Performance Standards a) Performance criteria. 1) Small banks that are not intermediate small banks. The Secretary evaluates the record of a small bank that is not, or that was not during the prior calendar year, an intermediate small bank, of helping t…

Section 345.270 Strategic Plan a) Alternative election. The Secretary will assess a bank's record of helping to meet the credit needs of its assessment area considering the assessment factors in Section 345.200 under a strategic plan if: 1) The bank has submitted the plan to the …

Section 345.280 Assigned Ratings a) Ratings in general. Subject to subsections (b) and (c), the Secretary assigns to a bank a rating of "outstanding", "satisfactory", "needs to improve", or "substantial noncompliance" based on the bank's performance under the lending, investment …

Section 345.290 Effect of ILCRA Performance on Applications a) ILCRA performance. Among other factors, the Secretary takes into account the record of performance under the ILCRA of each applicant bank in considering an application for approval of: 1) The relocation of the bank's …

Section 345.400 Assessment Area Delineation a) In general. A bank shall delineate one or more assessment areas within which the Secretary evaluates the bank's record of helping to meet the credit needs of its community. The Secretary does not evaluate the bank's delineation of it…

Section 345.410 Data Collection, Reporting, and Disclosure a) Loan information required to be collected and maintained. A bank, except a small bank, shall collect, and maintain in machine readable form (as prescribed by the Secretary) until the completion of its next ILCRA examin…