Illinois Administrative Code

Section 381.30 Examination Consistency and Due Process To ensure consistency and due process, the Division will make every reasonable effort to adhere to the following standards of performance in conducting its examinations of banks. a) Guidelines 1) To supplement this Part, the …

Section 385.10 Applicability This Part shall apply to requests by Regulated Financial Institutions for reconsideration of Material Supervisory Determinations. The reconsideration process provides the management of these Regulated Financial Institutions with an informal procedure …

Section 385.20 Definitions "Assistant Commissioner" means the Assistant Commissioner of Banks and Real Estate, Bureau of Banks and Trust Companies. "Commissioner" means the Commissioner of Banks and Real Estate or a person authorized by the Commissioner, the Office of Banks and R…

Section 385.30 Request for Reconsideration A Regulated Financial Institution may submit a request for a reconsideration of a Material Supervisory Determination (request for reconsideration) with respect to any Material Supervisory Determination but it first should make a good fai…

Section 385.40 Form of Request for Reconsideration A written request for reconsideration shall: a) clearly state the Material Supervisory Determination submitted for reconsideration; b) provide all documents or other evidence and information that the Regulated Financial Instituti…

Section 385.50 Initial Reconsideration Review a) The appropriate Division Director shall consider the written request for reconsideration and all documents, evidence, and information submitted by the Regulated Financial Institution, provided that the documents, evidence, and info…

Section 385.60 Final Review a) If the Regulated Financial Institution disagrees with the Division Director’s written disposition of initial review or if the initial review is waived pursuant to Section 385.50(d), it may seek a final review before the Assistant Commissioner. b) An…

Section 385.70 Effect of Filing a Request A Material Supervisory Determination shall remain in effect while under review for reconsideration and until such time as it is either sustained, modified, or overturned. Any request for reconsideration shall not prevent the Commissioner …

Section 392.10 Hearings All administrative hearings shall be conducted in accordance with 38 Ill. Adm. Code. 100. (Source: Amended at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.100 Service (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.110 Appearances (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.120 Consolidation of Hearing Proceeding (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.130 Authority of Hearing Officer (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.140 Prehearing Conferences (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.150 Subpoenas (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.160 Discovery (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.170 Evidence Depositions (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.180 Conduct of a Hearing (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.190 Evidence (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.20 Definitions (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.200 Record of Hearing Proceedings (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.210 Briefs (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.220 Hearing Officer's Recommendation (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.230 Commissioner's Determination (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.240 Construction of Rules (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.30 Request for a Hearing (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.40 Form of Request for a Hearing (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.50 Hearing Officer (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.60 Notice of Hearing (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.70 Motions (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.80 Answer (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.90 Form of Pleadings (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 396.10 Definitions "Commissioner" means the Secretary of the Department of Financial and Professional Regulation. "Corporate fiduciary" shall have the meaning ascribed to it in Section 1-5.05 of the Corporate Fiduciary Act [205 ILCS 620]. "Corporate fiduciary subsidiary" …

Section 396.110 Purpose A corporate fiduciary which proposes to establish a subsidiary, whether by incorporating the subsidiary or by acquiring the subsidiary, shall apply, on an application specified by the Commissioner, for approval from the Commissioner, not less than 90 days …

Section 396.120 Factors to be Considered by the Commissioner When reviewing an application to establish a corporate fiduciary subsidiary, the following factors are relevant: a) the types of activities to be conducted by the corporate fiduciary subsidiary (i.e., title insurance, e…

Section 396.20 Purpose (Renumbered) (Source: Section 396.20 renumbered to Section 396.110 at 20 Ill. Reg. 10825, effective August 1, 1996)

Section 396.210 Purpose Section 1-7(a) of the Corporate Fiduciary Act requires any corporate fiduciary that is a trust company to apply for and obtain approval from the Commissioner for the establishment of a branch office. This Subpart sets forth the terms and conditions a trust…

Section 396.220 Terms and Conditions for Approval A trust company must demonstrate the following in order for the Commissioner to approve its application to establish a branch office: a) That the trust company's aggregate direct and indirect fixed asset investment, including leas…

Section 396.230 Application Procedures a) A trust company that intends to establish a branch office shall file an application for approval with the Commissioner on forms prescribed by the Commissioner. b) The application shall be deemed filed when the Commission has received the …

Section 396.30 Factors to be Considered by the Commissioner (Renumbered) (Source: Section 396.30 renumbered to Section 396.120 at 20 Ill. Reg. 10825, effective August 1, 1996) SUBPART B: CORPORATE FIDUCIARY SUBSIDIARIES

Section 396.310 Purpose (Repealed) (Source: Repealed at 44 Ill. Reg. 6272, effective April 24, 2020)

Section 396.320 Notice Requirements (Repealed) (Source: Repealed at 44 Ill. Reg. 6272, effective April 24, 2020)

Section 396.330 Notice Procedures (Repealed) (Source: Repealed at 44 Ill. Reg. 6272, effective April 24, 2020)

Section 396.5 Purpose The Office of Banks and Real Estate is authorized to promulgate rules setting the terms and conditions for approval of corporate fiduciary applications and notices. The purpose of this Part is to set forth those terms and conditions under one heading to faci…

Section 397.10 Purpose This Part establishes the manner of assessing fees to fund the Corporate Fiduciary Receivership Account to the amount established by Section 5-10 of the Corporate Fiduciary Act and of replenishing the account following any disbursement. (Source: Amended at …

Section 397.20 Definitions "A" means the total number of corporate fiduciaries. "Account" means the Corporate Fiduciary Receivership Account. "Act" means the Corporate Fiduciary Act [205 ILCS 620]. "B" means the number of examiner days expended in the most recent examination of t…

Section 397.30 Quarterly Fee to Fund the Account a) Each corporate fiduciary will be assessed a quarterly fee of $200 until the balance of the account reaches the maximum amount established by Section 5-10 of the Act. b) Each Illinois trust company will be assessed an additional …