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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
FINANCIAL REGULATION (205 ILCS 205/) Savings Bank Act. 205 ILCS 205/5005
(205 ILCS 205/5005) (from Ch. 17, par. 7305-5)
Sec. 5005.
Retirement or reduction of capital stock.
(a) The board of directors of a savings bank operating with
capital stock may propose an amendment to the articles of
incorporation providing for the retirement of all of the capital
stock and a detailed plan for effectuating the amendment. The
resulting capital of the savings bank shall be not less than the
minimum initial capital that the savings bank, if it were being
organized, would be required to have by the Commissioner under this
Act. The proposal shall be submitted to the Commissioner for his
approval.
(b) If the Commissioner approves the proposal, the savings
bank's board of directors may request in writing an appraisal of
the value of the capital stock, and the Commissioner then shall
cause an appraisal to be made at the expense of the savings
bank.
(c) The proposal then shall be submitted to the shareholders
at an annual or special meeting. It shall be adopted upon
receiving in the affirmative the votes of the holders of two-thirds or
more of the outstanding shares of capital stock. The proposal
takes effect upon completion of the procedure provided in this Act
for the amendment of articles of incorporation.
(d) A savings bank may amend its articles of incorporation
in accordance with the procedure provided in this Act for those
amendments to reduce its capital stock, but in no event to an
amount that is less than the minimum capital stock that the
savings bank would be required by this Act to issue if it were
newly authorized to issue capital stock.
(Source: P.A. 86-1213.)
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205 ILCS 205/5006
(205 ILCS 205/5006) (from Ch. 17, par. 7305-6)
Sec. 5006.
Who may hold capital.
Capital stock of a savings bank may be held:
(1) By any individual in his own right, regardless of | | age or marital status, or by 2 or more individuals.
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(2) By a fiduciary when authorized by law.
(3) By a government or governmental instrumentality
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(4) By any corporation or other person when not
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(Source: P.A. 86-1213.)
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205 ILCS 205/5007
(205 ILCS 205/5007) (from Ch. 17, par. 7305-7)
Sec. 5007.
Capital Maintenance.
(a) Each savings bank shall maintain total capital of not
less than 3% of total assets. This standard is the minimum
acceptable for a savings bank whose overall financial condition is
fundamentally sound and that is well managed. When the
Commissioner determines that the financial condition or history,
management, or earnings prospects are not adequate, the
Commissioner may determine that a higher minimum capital level is
required for the savings bank.
(b) A savings bank shall maintain total capital necessary to
ensure the continuation of insurance of its deposit accounts by the
insurance corporation.
(c) The board of directors may establish and maintain
special reserves, as they may deem advisable, to provide for losses
or liabilities. Losses may be charged to those reserves as the board
of directors may determine.
(d) Any savings bank with total capital less than 3% of total
assets shall be deemed to be operating in an unsafe and unsound
condition and shall be subject to the imposition of restrictions,
sanctions, or penalties as provided for under this Act.
(Source: P.A. 86-1213.)
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205 ILCS 205/5008
(205 ILCS 205/5008) (from Ch. 17, par. 7305-8)
Sec. 5008.
Dividends.
(a) Subject to the restrictions set forth in this Section and
the savings bank's bylaws, the board of directors from time to
time may declare dividends on capital stock subject to the
following restrictions:
(1) No dividends may be declared when the total | | capital of the savings bank is less than that required by Section 5007 of this Act.
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(2) The board of directors may quarterly,
| | semiannually, or annually declare a dividend on capital stock of so much of the net profits of the savings bank that they shall determine expedient, except that until the paid-in surplus of the savings bank shall equal its capital stock, no dividend shall be declared unless there has been transferred to paid-in surplus not less than 10% of the net profits of the preceding half year in the case of quarterly or semiannual dividends, or not less than 10% of the net profits for the preceding 2 half year periods in the case of annual dividends. A stock dividend may be declared out of retained earnings at any time.
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(b) The written approval of the Commissioner shall be
required by a savings bank having total capital of less than 6% of total
assets before any dividends on capital stock that exceed 50% of the
savings bank's net profits of that year may be declared by
a savings bank in any year.
A savings bank may not declare dividends in excess of the savings bank's
net profits in any year without the approval of the Commissioner.
(c) For the purpose of this Article the term "net profit"
means the remainder of all earnings from current operations
plus actual recoveries on loans, investments, and other assets
after deducting all current expenses, including dividends or
interest on deposit accounts, additions to reserves
as required by the Commissioner, actual losses, accrued dividends
on preferred stock, if any, and all State and federal taxes.
(Source: P.A. 89-74, eff. 6-30-95; 89-320, eff. 1-1-96.)
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205 ILCS 205/5009
(205 ILCS 205/5009) (from Ch. 17, par. 7305-9)
Sec. 5009.
Loans or discounts on capital stock.
A savings bank may not make a loan or discount on the security of
or be the purchaser or holder of the shares of its own capital
stock or preferred stock or on the security of its own debentures
or evidences of its debt that are convertible to capital stock or
are junior or subordinate in rights of payment to deposit or other
liabilities of the savings bank, unless the security or purchase
shall be necessary to prevent loss on a debt previously contracted
in good faith; and the stock or evidence of indebtedness acquired
or purchased shall, within 6 months from the time of its
acquisition, be sold or disposed of at public or private sale.
(Source: P.A. 86-1213.)
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205 ILCS 205/Art. 6
(205 ILCS 205/Art. 6 heading)
ARTICLE 6.
Investments
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205 ILCS 205/6001
(205 ILCS 205/6001) (from Ch. 17, par. 7306-1)
Sec. 6001. General provisions.
(a) No savings bank shall make any loan or investment
authorized by this Article unless the savings bank first has
determined that the type, amount, purpose, and repayment provisions
of the loan or investment in relation to the borrower's or issuer's
resources and credit standing support the reasonable belief that
the loan or investment will be financially sound and will be repaid
according to its terms and that the loan or investment is not
otherwise unlawful.
(b) Each loan or investment that a savings bank makes or
purchases, whether wholly or in part, must be adequately
underwritten, reviewed periodically, and reserved against as
necessary in accordance with its payment performance, all in
accordance with the regulations and directives of the Commissioner.
(c) Every appraisal or reappraisal of property that a
savings bank is required to make shall be made as follows:
(1) By an independent qualified appraiser, designated | | by the board of directors, who is properly licensed or certified by the entity authorized to govern his licensure or certification and who meets the requirements of the Appraisal Subcommittee and of the Federal Act.
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(2) In the case of an insured or guaranteed loan, by
| | any appraiser appointed by any lending, insuring, or guaranteeing agency of the United States or the State of Illinois that insures or guarantees the loan, wholly or in part.
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(3) Each appraisal shall be in writing prepared at
| | the request of the lender for the lender's use; disclose the market value of the security offered; contain sufficient information and data concerning the appraised property to substantiate the market value thereof; be certified and signed by the appraiser or appraisers; and state that the appraiser or appraisers have personally examined the described property. The appraisal shall be filed and preserved by the savings bank. In addition, the appraisal shall be prepared and reported in accordance with the Standards of Professional Practice and the ethical rules of the Appraisal Foundation as adopted and promulgated by the Appraisal Subcommittee.
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(d) If appraisals of real estate securing a savings bank's
loans are obtained as part of an examination by the Commissioner,
the cost of those appraisals shall promptly be paid by the savings
bank directly to the appraiser or appraisers.
(e) Any violation of this Article shall
constitute an unsafe or unsound practice. Any person who knowingly
violates any provision of this Article shall be subject to
enforcement action or civil money penalties as provided for in this
Act.
(f) For purposes of this Article, "underwriting" shall mean the process
of compiling information to support a determination as to whether an
investment or extension of credit shall be made by a savings bank. It
shall include, but not be limited to, evaluating a borrower's
creditworthiness, determination of the value of the underlying collateral,
market factors, and the appropriateness of the investment or loan for the
savings bank. Underwriting as used herein does not include the agreement to
purchase unsold portions of public offerings of stocks or bonds as commonly
used in corporate securities issuances and sales.
(g) For purposes of this Section, the following definitions shall apply:
(1) "Federal Act" means Title XI of the Financial
| | Institutions Reform, Recovery, and Enforcement Act of 1989 and regulations adopted pursuant thereto.
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(2) "Appraisal Subcommittee" means the designee of
| | the heads of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.).
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(3) "Appraisal Foundation" means the Appraisal
| | Foundation that was incorporated as an Illinois not-for-profit corporation on November 30, 1987.
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(Source: P.A. 102-687, eff. 12-17-21.)
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205 ILCS 205/6002
(205 ILCS 205/6002) (from Ch. 17, par. 7306-2)
Sec. 6002. Investment in loans. (a) Subject to the regulations of the
Commissioner, a savings bank may loan funds as follows:
(1) On the security of deposit accounts, but no such | | loan shall exceed the withdrawal value of the pledged account.
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(2) On the security of real estate:
(A) of a value, determined in accordance with
| | this Act, sufficient to provide good and ample security for the loan;
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(B) with a fee simple title or a leasehold title;
(C) with the title established by evidence of
| | title as is consistent with sound lending practices in the locality;
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(D) with the security interest in the real estate
| | evidenced by an appropriate written instrument and the loan evidenced by a note, bond, or similar written instrument; a loan on the security of the whole of the beneficial interest in a land trust satisfies the requirements of this paragraph if the title to the land is held by a corporate trustee and if the real estate held in the land trust meets the other requirements of this subsection;
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(E) with a mortgage loan not to exceed 40 years.
(3) For the purpose of repair, improvement,
| | rehabilitation, furnishing, or equipment of real estate.
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(4) For the purpose of financing or refinancing an
| | existing ownership interest in certificates of stock, certificates of beneficial interest, other evidence of an ownership interest in, or a proprietary lease from a corporation, trust, or partnership formed for the purpose of the cooperative ownership of real estate, secured by the assignment or transfer of certificates or other evidence of ownership of the borrower.
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(5) Through the purchase of loans that, at the time
| | of purchase, the savings bank could make in accordance with this Section and the bylaws.
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(6) Through the purchase of installment contracts for
| | the sale of real estate and title thereto that is subject to the contracts, but in each instance only if the savings bank, at the time of purchase, could make a mortgage loan of the same amount and for the same length of time on the security of the real estate.
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(7) Through loans guaranteed or insured, wholly or in
| | part, by the United States or any of its instrumentalities.
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(8) Subject to regulations adopted by the
| | Commissioner, through secured or unsecured loans for business, corporate, commercial, or agricultural purposes; provided that the total of all loans granted under this paragraph shall not exceed 15% of the savings bank's total assets unless a greater amount is authorized in writing by the Commissioner.
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(9) For the purpose of manufactured home financing
| | subject, however, to the regulation of the Commissioner. As used in this Section, "manufactured home" means a manufactured home as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code.
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(10) Through loans secured by the cash surrender
| | value of any life insurance policy or any collateral that would be a legal investment under the terms of this Act if made by the savings bank.
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(11) Any provision of this Act or any other law,
| | except for paragraph (18) of Section 6003, to the contrary notwithstanding, but subject to the Financial Institutions Insurance Sales Law and subject to the Commissioner's regulations, any savings bank may make any loan or investment or engage in any activity that it could make or engage in if it were organized under State law as a savings and loan association or under federal law as a federal savings and loan association or federal savings bank.
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(12) A savings bank may issue letters of credit or
| | other similar arrangements only as provided for by regulation of the Commissioner with regard to aggregate amounts permitted, take out commitments for stand-by letters of credit, underlying documentation and underwriting, legal limitations on loans of the savings bank, control and subsidiary records, and other procedures deemed necessary by the Commissioner.
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(13) For the purpose of automobile financing, subject
| | to the regulation of the Commissioner.
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(14) For the purpose of financing primary, secondary,
| | undergraduate, or postgraduate education.
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(15) Through revolving lines of credit on the
| | security of a first or junior lien on the borrower's personal residence, based primarily on the borrower's equity, the proceeds of which may be used for any purpose; those loans being commonly referred to as home equity loans.
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(16) As secured or unsecured credit to cover the
| | payment of checks, drafts, or other funds transfer orders in excess of the available balance of an account on which they are drawn, subject to the regulations of the Commissioner.
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(b) 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 which 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.)
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205 ILCS 205/6003
(205 ILCS 205/6003) (from Ch. 17, par. 7306-3)
Sec. 6003.
Other investments.
A savings bank may invest funds as
provided in this Section:
(1) In demand, time, or savings deposits or accounts, | | withdrawable accounts, or other insured obligations of any financial institution the accounts of which are insured by a federal agency.
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(2) In participating interests in loans of a type
| | that the savings bank would be authorized to make, but only if the other participants are (A) savings banks organized under this Act, (B) savings and loan associations, banks, credit unions, and licensees under the Consumer Installment Loan Act or the Sales Finance Agency Act, organized under the laws of this State, (C) associations or corporations insured by an instrumentality of the United States, (D) instrumentalities of or corporations owned wholly or in part by the United States or this State, or, (E) subject to regulations of the Commissioner, service corporations of a savings bank organized under this Act or subsidiaries of a savings and loan association, bank, or credit union organized under the laws of this State or the United States.
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(3) In obligations of, or obligations that are fully
| | guaranteed by the United States and in stocks or obligations of any Federal Reserve Bank, Federal Home Loan Bank, the Student Loan Market Association, the Government National Mortgage Association, the Federal National Mortgage Association, The Federal Home Loan Mortgage Corporation, the Federal Deposit Insurance Corporation, or any other agency of the United States.
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(4) In bonds or other direct obligations of, or
| | guaranteed as to principal and interest by, this State.
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(5) In obligations that by the laws of this State are
| | made legal investments for savings banks.
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(6) In bonds or other evidences of indebtedness that
| | are direct general obligations of any unit of local government of this State or in bonds or other evidences of indebtedness that are payable from revenues or earnings specifically pledged therefor of a unit of local government, but in no event shall the total amount of the securities of any one maker or obligor exceed 15% of the savings bank's total capital, nor shall the aggregate amount of investments under this paragraph exceed 15% of the savings bank's total assets.
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(7) Equity investments in real estate. With the
| | prior written consent of the Commissioner, a savings bank may invest in the initial purchase and development, or the purchase or commitment to purchase after completion, of home sites and housing for sale or rental, including, but not limited to, projects for the reconstruction, rehabilitation, or rebuilding of residential properties to meet the minimum standards of health and occupancy prescribed by appropriate local authorities, the provision of accommodations for retail stores, shops, and other community services that are reasonably incident to that housing or in the shares of a corporation that owns one or more of those projects and that is wholly owned by one or more financial institutions whose investments are regulated by the laws of this State or of the United States. In no event shall the total investment in any one project exceed 15% of the savings bank's total capital, nor shall the aggregate investment under this paragraph exceed 50% of its total capital. No savings bank may make an investment of this type unless it is in compliance with the capital requirements of this Act and with the capital maintenance requirements of its insurer of deposit accounts. The Commissioner shall approve the investment only if the savings bank shows:
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(A) that the savings bank has adequate assets
| | available for the investment;
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(B) that the proposed investment does not exceed
| | the reasonable market value of the property or interest therein as determined in accordance with the appraisal requirements of this Act; and
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(C) that all other requirements of this Section
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Nothing contained in this paragraph prohibits a
| | savings bank from developing or building on land acquired by it under any other provision of this Act nor from completing the construction of buildings in accordance with any construction loan contract where the borrower has failed to comply with the terms of the contract.
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(8) In obligations of the State of Israel or
| | obligations fully guaranteed by the State of Israel as to payment of principal and interest, but in no event shall the total amount of that investment exceed 15% of the savings bank's total capital.
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(9) In stocks or obligations of business development
| | corporations chartered by this State or by the United States or an agency thereof, but in no event shall the aggregate amount of stock exceed 2.5% of the savings bank's total capital or $250,000, whichever is greater.
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(10) In obligations of urban renewal investment
| | corporations chartered under the laws of this State, or the United States, or in certificates of beneficial interest of urban renewal investment trusts, but in no event shall the aggregate amount of the stock, obligations or beneficial interest certificates of any one maker exceed 2.5% of the savings bank's total capital, nor shall the aggregate amount of investments under this paragraph exceed 15% of its total capital.
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(11) Subject to the regulations of the Commissioner,
| | in loans deemed sufficiently secured by the board of directors of the savings bank. However, if the security is stock or equity securities of any kind other than those of a financial institution, the stock or securities must be listed on a national exchange or actively traded and quoted on an over-the-counter market or their value must be ascertainable in accordance with regulations promulgated by the Commissioner.
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(12) In commercial paper. As used in this Section,
| | the term "commercial paper" means short term obligations having a maturity ranging from 2 to 270 days issued by banks, corporations, or other borrowers. Investments in commercial paper under this Section must be in securities rated in one of the 4 highest categories by a nationally recognized rating service.
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(13) Purchase of stock in insurance companies.
| | Notwithstanding any provision of this Act to the contrary, a savings bank may purchase shares of, or otherwise acquire equity interests in, insurance companies and insurance holding companies organized to provide insurance for savings institutions and corporations and individuals affiliated with savings institutions, provided ownership of equity interests is a prerequisite to obtaining directors and officers' and blanket bond insurance through the company or companies. The Commissioner may promulgate regulations concerning the size of each savings bank's investment and manner of holding those investments.
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(14) Subject to the regulation of the Commissioner,
| | in equity or debt securities or instruments of a service corporation subsidiary of the savings bank.
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(15) Through advances of federal funds to designated
| | depositories, provided that the advances are made on the condition that they be repaid on the next business day following the date on which the advance is made. For the purposes of this paragraph, the term "federal funds" means funds that a savings bank has on deposit at a depository that are exchangeable for funds on deposit at a federal reserve bank; the term "business day" means any day on which the savings bank, the depository, and the federal reserve bank where the funds are on deposit are all open for general business.
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(16) In financial futures or options transactions
| | subject to the regulations of the Commissioner.
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(17) In a subsidiary chartered for the purpose of
| | exercising all powers necessary to act as a corporate fiduciary under the Corporate Fiduciary Act.
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(18) In marketable investment securities, but in no
| | event shall the total amount of those securities of any one maker or obligor exceed 15% of the savings bank's total capital nor shall the aggregate amount of investments under this Section exceed 15% of total assets. As used in this Section, the term "marketable investment securities" does not include stocks, but means investment grade marketable obligations evidencing indebtedness of any person in the form of bonds, notes, or debentures commonly known as investment securities, and of a type customarily sold on recognized exchanges or traded over the counter and investment grade marketable obligations of the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, or the International Finance Corporation. As used in this Section, the term "investment grade" means being rated in one of the 4 highest categories by at least one nationally recognized rating service.
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(19) In investment grade marketable obligations of
| | any other state, territory, or possession or political subdivision thereof to the same extent that it may invest in marketable investment securities under paragraph (18) of this Section.
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(Source: P.A. 89-317, eff. 8-11-95; 90-665, eff. 7-30-98.)
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205 ILCS 205/6004
(205 ILCS 205/6004) (from Ch. 17, par. 7306-4)
Sec. 6004.
Calculation of interest; postpayments and prepayments.
(a) In any contract or loan that is secured by a mortgage,
deed of trust, or conveyance in the nature of a mortgage for the
purpose of purchase or refinance of residential real estate, the
interest that is computed, calculated, charged, or collected
pursuant to the contract or loan, or pursuant to any regulation
or rule promulgated under 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.
(b) For purposes of this Section, a prepayment means
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 that 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 that 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
that exceeds that which the lender may charge or collect under
this subsection.
(Source: P.A. 86-1213.)
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205 ILCS 205/6005
(205 ILCS 205/6005) (from Ch. 17, par. 7306-5)
Sec. 6005.
General loan contract provisions.
Each loan and any agreement for securing the loan shall be
evidenced by one or more written instruments, consistent with sound
lending practices in the locality. Whenever recordation of an
instrument is necessary to establish priority over the claim of any
third party, the instrument shall be recorded.
(Source: P.A. 86-1213.)
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205 ILCS 205/6006
(205 ILCS 205/6006) (from Ch. 17, par. 7306-6)
Sec. 6006.
Modification agreements.
A savings bank, at any time, may enter into a written
agreement with a borrower to modify, in any manner not
inconsistent with the provisions of this Act, the terms of a loan
as to the amount, time or method of the payments to be made, the
interest rate, and any other provision of the loan contract, and the
loan contract and the security instrument shall not be prejudiced
by the making of any modification, even if a modification
was not provided for in the loan contract.
(Source: P.A. 86-1213.)
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205 ILCS 205/6007
(205 ILCS 205/6007) (from Ch. 17, par. 7306-7)
Sec. 6007. Sale, assignment, and servicing of loans and contracts.
(a) Any savings bank may sell any loan or a participating
interest in a loan at any time in the usual and regular course of
business. Loans sold may be sold with or without recourse except
as may otherwise be provided by regulations of the Secretary.
The Secretary may, by regulation, adopt limitations upon the
sale of loans. The provisions of this subsection (a) do not apply
to the sale of loans to agencies of the United States, the State
of Illinois, or other government sponsored agencies as may be
approved by the Secretary.
(b) A savings bank may contract to service a loan or a
participating interest in a loan, but a contract therefor shall conform
to any pertinent regulations prescribed by the Secretary and
shall require sufficient compensation to reimburse the savings bank
for all expenses incurred under the contract.
(c) A savings bank may sell and assign, with or without
recourse, any master's certificate of sale, defaulted loan, or
defaulted real estate contract to any person eligible to purchase
it for an amount not less than the fair cash market value
thereof.
(Source: P.A. 97-492, eff. 1-1-12.)
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205 ILCS 205/6008
(205 ILCS 205/6008) (from Ch. 17, par. 7306-8)
Sec. 6008. Purchase of real estate at forced sale. A savings bank may
purchase at any sheriff's or other judicial sale, either public or private,
any real estate upon which the savings bank has any mortgage, lien or other
encumbrance, or in which the savings bank has any other interest. The
savings bank thereafter may repair, insure, improve, sell, convey, lease,
preserve, mortgage, exchange, or otherwise dispose of real estate so
acquired in the best interests of the savings bank. 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 which 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.)
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