Section 760.60  Lawful Charges

a)         There must be a valid, enforceable, written contract between the holder and the customer to permit the lawful withholding of charges described in Sections 2, 2a, 4 and 9 of the Act.  No holder may seek to implement the terms of any contract against the State if they do not against the customers who claim their assets prior to remittance.

b)         The holder shall provide the following information as part of any remittance report filed pursuant to Section 13 of the Act from which service charges have been deducted:

1)         the citation of the Act or a copy of the form of contract authorizing such service charges;

2)         the value or amount of each item or property, prior to deduction of service charges as well as the total amount of service charges deducted from each item;

3)         such other information or documentation as the State Treasurer may reasonably require to substantiate the deduction of service charges.  This may include correspondence, passbook provisions, signature card, regulations, by-laws, or any other documentation concerning any agreement between the holder and the customer.

c)         Intangible personal property, including but not limited to certificates, coupons, credit memos and tokens which are issued for the redemption of unspecified merchandise, unless specifically authorized by the Act, are not subject to service charges.

(Source:  Amended at 18 Ill. Reg. 18001, effective December 12, 1994)