104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3113

 

Introduced 2/2/2026, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
205 ILCS 305/20  from Ch. 17, par. 4421
205 ILCS 305/29  from Ch. 17, par. 4430
205 ILCS 305/57.3 new
205 ILCS 305/57.5 new
205 ILCS 305/59  from Ch. 17, par. 4460

    Amends the Illinois Credit Union Act. Provides that the business office for a credit union's registered agent may, but is not required to, be (instead of shall be) the same as the principal place of business of the credit union. In provisions concerning meetings of directors, sets forth provisions concerning the preparation and approval of meeting minutes. Adds provisions concerning disclosure and due diligence requirements for credit unions when providing digital asset services or contracting with a covered person or digital asset service provider and provisions concerning sales of debt cancellation services and products by a credit union to its members. In provisions concerning the investment of funds not used in loans, provides that the funds may be invested in commercial mortgage related securities and collateralized mortgage obligations to aid in the credit union's management of its assets, liabilities, and liquidity. Effective immediately.


LRB104 19645 BAB 33094 b

 

 

A BILL FOR

 

SB3113LRB104 19645 BAB 33094 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Credit Union Act is amended by
5changing Sections 20, 29, and 59 and by adding Sections 57.3
6and 57.5 as follows:
 
7    (205 ILCS 305/20)  (from Ch. 17, par. 4421)
8    Sec. 20. Election or appointment of officials.
9    (1) The credit union shall be directed by a board of
10directors consisting of no less than 7 in number, to be elected
11at the annual meeting by and from the members. Directors shall
12hold office until the next annual meeting, unless their terms
13are staggered. Upon amendment of its bylaws, a credit union
14may divide the directors into 2 or 3 classes with each class as
15nearly equal in number as possible. The term of office of the
16directors of the first class shall expire at the first annual
17meeting after their election, that of the second class shall
18expire at the second annual meeting after their election, and
19that of the third class, if any, shall expire at the third
20annual meeting after their election. At each annual meeting
21after the classification, the number of directors equal to the
22number of directors whose terms expire at the time of the
23meeting shall be elected to hold office until the second

 

 

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1succeeding annual meeting if there are 2 classes or until the
2third succeeding annual meeting if there are 3 classes. A
3director shall hold office for the term for which he or she is
4elected and until his or her successor is elected and
5qualified.
6    (1.5) Except as provided in subsection (1.10), in all
7elections for directors, every member has the right to vote,
8in person, by proxy, or by electronic record if approved by the
9board of directors, the number of shares owned by him, or in
10the case of a member other than a natural person, the member's
11one vote, for as many persons as there are directors to be
12elected, or to cumulate such shares, and give one candidate as
13many votes as the number of directors multiplied by the number
14of his shares equals, or to distribute them on the same
15principle among as many candidates as he may desire and the
16directors shall not be elected in any other manner. Shares
17held in a joint account owned by more than one member may be
18voted by any one of the members, however, the number of
19cumulative votes cast may not exceed a total equal to the
20number of shares multiplied by the number of directors to be
21elected. A majority of the shares entitled to vote shall be
22represented either in person or by proxy for the election of
23directors. Each director shall wholly take and subscribe to an
24oath that he will diligently and honestly perform his duties
25in administering the affairs of the credit union, that while
26he may delegate to another the performance of those

 

 

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1administrative duties he is not thereby relieved from his
2responsibility for their performance, that he will not
3knowingly violate or permit to be violated any law applicable
4to the credit union, and that he is the owner of at least one
5share of the credit union.
6    (1.10) Upon amendment of a credit union's bylaws, in all
7elections for directors, every member who is a natural person
8shall have the right to cast one vote, regardless of the number
9of his or her shares, in person, by proxy, or by electronic
10record if approved by the board of directors, for as many
11persons as there are directors to be elected.
12    (1.15) If the board of directors has adopted a policy
13addressing age eligibility standards on voting, holding
14office, or petitioning the board, then a credit union may
15require (i) that members be at least 18 years of age by the
16date of the meeting in order to vote at meetings of the
17members, sign nominating petitions, or sign petitions
18requesting special meetings, and (ii) that members be at least
1918 years of age by the date of election or appointment in order
20to hold elective or appointive office.
21    (2) The board of directors shall appoint from among the
22members of the credit union, a supervisory committee of not
23less than 3 members at the organization meeting and within 30
24days following each annual meeting of the members for such
25terms as the bylaws provide. Members of the supervisory
26committee may, but need not be, on the board of directors, but

 

 

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1shall not be officers of the credit union.
2    (3) The board of directors may appoint, from among the
3members of the credit union, a credit committee consisting of
4an odd number, not less than 3 for such terms as the bylaws
5provide. Members of the credit committee may, but need not be,
6directors or officers of the credit union.
7    (4) The board of directors may appoint from among the
8members of the credit union a membership committee of one or
9more persons. If appointed, the committee shall act upon all
10applications for membership and submit a report of its actions
11to the board of directors at the next regular meeting for
12review. If no membership committee is appointed, credit union
13management shall act upon all applications for membership and
14submit a report of its actions to the board of directors at the
15next regular meeting for review.
16    (5) The board of directors may appoint, from among the
17members of the credit union, a nominating committee of 3 or
18more persons. Members of the nominating committee may, but
19need not, be directors or officers of the credit union, but may
20not be members of the supervisory committee. The appointment,
21if made, shall be made in a timely manner to permit the
22nominating committee to recruit, evaluate, and nominate
23eligible candidates for each position to be filled in the
24election of directors or, in the event of a vacancy in office,
25to be filled by appointment of the board of directors for the
26remainder of the unexpired term of the director creating the

 

 

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1vacancy. Factors the nominating committee may consider in
2evaluating prospective candidates include whether a candidate
3possesses or is willing to acquire through training the
4requisite skills and qualifications to carry out the statutory
5duties of a director. The board of directors may delegate to
6the nominating committee the recruitment, evaluation, and
7nomination of eligible candidates to serve on committees and
8in executive officer positions.
9    (6) The board of directors may create one or more other
10committees in addition to the committees identified in this
11Section and appoint directors or such other persons as the
12board designates to serve on the committee or committees. Any
13such committee shall serve at the pleasure of the board of
14directors and it shall not act on behalf of the credit union or
15bind it to any action, but it may make recommendations to the
16board of directors.
17    (7)(a) The board of directors may appoint an individual as
18a registered agent for the credit union. The name of the
19registered agent appointed by the board of directors shall be
20identified in the annual report filed by the credit union on
21the annual report form supplied by the Department. The
22business office of the registered agent may, but is not
23required to, shall be the same as the principal place of
24business of the credit union. Any process, notice, or demand
25required or permitted by law to be served upon the credit union
26may be served upon the registered agent appointed by the

 

 

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1credit union.
2    (b) A credit union that has appointed a registered agent
3shall post on its website the name of its registered agent, the
4address of its principal place of business, and that the
5appointment was authorized by action of the board of
6directors.
7    (c) A credit union that has appointed a registered agent
8may change its registered agent at any time by posting on its
9website a statement setting forth the following:
10        (i) the address of its principal place of business,
11        (ii) the name of its existing registered agent,
12        (iii) the name of its successor registered agent, and
13        (iv) that the change was authorized by action of the
14    board of directors.
15    (d) A registered agent may resign at any time by
16submitting written notice thereof to the credit union at its
17principal place of business. The notice shall set forth the
18following:
19        (i) the name of the credit union for which the
20    registered agent is acting,
21        (ii) the address of the principal place of business of
22    the credit union,
23        (iii) the name of the registered agent,
24        (iv) that the registered agent is resigning, and
25        (v) the effective date of the resignation, which shall
26    not be less than 30 days after the date of filing of the

 

 

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1    notice.
2    (8) The use of electronic records for member voting
3pursuant to this Section shall employ a security procedure
4that meets the attribution criteria set forth in Section 9 of
5the Uniform Electronic Transactions Act.
6    (9) As used in this Section, "electronic", "electronic
7record", and "security procedure" have the meanings ascribed
8to those terms in the Uniform Electronic Transactions Act.
9(Source: P.A. 102-38, eff. 6-25-21; 102-687, eff. 12-17-21;
10102-774, eff. 5-13-22; 102-858, eff. 5-13-22; 103-154, eff.
116-30-23; 103-289, eff. 7-28-23.)
 
12    (205 ILCS 305/29)  (from Ch. 17, par. 4430)
13    Sec. 29. Meetings of directors.
14    (1) The board of directors and the executive committee
15shall meet as often as necessary, but one body must meet at
16least monthly and the other at least quarterly, as prescribed
17in the bylaws. Unless a greater number is required by the
18bylaws, a majority of the whole board of directors shall
19constitute a quorum. The act of a majority of the directors
20present at a meeting at which a quorum is present shall be the
21act of the board of directors unless the act of a greater
22number is required by this Act, the credit union's articles of
23incorporation or the bylaws.
24    (1.5) Notwithstanding anything to the contrary in
25subsection (1), the board of directors of a credit union with a

 

 

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1composite rating of either 1 or 2 under the Uniform Financial
2Institutions Rating System known as the CAMELS supervisory
3rating system (or an equivalent rating under a comparable
4rating system) and a management rating under such composite
5rating of either 1 or 2 may meet not less than 6 times
6annually, with at least one meeting held during each fiscal
7quarter. This meeting frequency schedule shall be available to
8an eligible credit union irrespective of whether it has
9appointed an executive committee pursuant to Section 28.
10    (1.7) Notwithstanding subsection (1) or (1.5), the board
11of directors of a credit union with $50,000,000 or more in
12assets, a composite rating of either 1 or 2 under the Uniform
13Financial Institutions Rating System known as the CAMELS
14supervisory rating system (or an equivalent rating under a
15comparable rating system), and a management rating under the
16composite rating of either 1 or 2 may meet no fewer than 4
17times annually, with at least one meeting held during each
18fiscal quarter. The board of directors of a credit union with
19less than $50,000,000 in assets, but with the composite and
20management ratings referenced in this subsection, may meet no
21fewer than 4 times annually, with at least one meeting held
22during each fiscal quarter, upon prior written approval of the
23Secretary. The meeting frequency schedule set forth in this
24subsection shall be available to an eligible credit union,
25irrespective of whether it has appointed an executive
26committee pursuant to Section 28.

 

 

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1    (2) Unless specifically prohibited by the articles of
2incorporation or bylaws, directors and committee members may
3participate in and act at any meeting of the board or committee
4through the use of a conference telephone or other
5communications equipment by means of which all persons
6participating in the meeting can communicate with each other.
7Participation in the meeting shall constitute attendance and
8presence in person at the meeting of the person or persons so
9participating.
10    (3) Unless specifically prohibited by the articles of
11incorporation or bylaws, any action required by this Act to be
12taken at a meeting of the board of directors or a committee and
13any other action that may be taken at a meeting of the board of
14directors or a committee may be taken without a meeting if a
15consent in writing setting forth the action taken is signed by
16all the directors entitled to vote with respect to the subject
17matter thereof, or by all members of the committee, as the case
18may be. The consent shall be evidenced by one or more written
19approvals, each of which sets forth the action taken and bears
20the signatures of one or more directors or committee members.
21All the approvals evidencing the consent shall be delivered to
22the secretary to be filed in the corporate records of the
23credit union. The action taken shall be effective when all the
24directors or committee members have approved the consent
25unless the consent specifies a different effective date. A
26consent signed by all the directors or all the members of a

 

 

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1committee shall have the same effect as a unanimous vote, and
2may be stated as such in any document filed with the director
3under this Act.
4    (3.5)(a) The secretary, as an executive officer of the
5credit union elected by the board of directors pursuant to
6subsection (1) of Section 26, or a recording secretary duly
7appointed by the board of directors to act on behalf of the
8secretary, shall prepare and maintain minutes of all meetings
9of the members and the board of directors. The secretary or
10recording secretary shall sign the minutes for the limited
11purpose of authenticating them as an accurate description of
12the information presented and action taken at the subject
13meeting. The signature shall not constitute approval of the
14minutes.
15    (b) The chairman may, but is not required to, sign the
16minutes of any such meeting of the membership or board of
17directors. In the event the chairman signs the minutes, that
18signature shall not constitute approval of the minutes.
19    (c) Pursuant to subsection (1) of Section 27, the board of
20directors is charged with and has control over the general
21management of the operations, funds, and records of the credit
22union, and the minutes, as compliance review documents of the
23credit union under paragraph (a) of subsection (4) of this
24Section 29, shall only be deemed final and binding upon the
25approval by a majority vote of the directors present at a
26meeting at which a quorum is present, or by unanimous action

 

 

SB3113- 11 -LRB104 19645 BAB 33094 b

1without a meeting.
2    (d) Minutes of membership meetings require approval by a
3majority of the membership present at a meeting at which a
4quorum is present.
5    (4)(a) As used in this subsection:
6    "Affiliate" means an organization established to serve the
7needs of credit unions, the business of which relates to the
8daily operations of credit unions.
9    "Compliance review documents" means reports, meeting
10minutes, and other documents prepared in connection with a
11review or evaluation conducted by or for the board of
12directors.
13    (b) This subsection applies to the board of directors in
14relation to its functions to evaluate and seek to improve any
15of the following:
16        (i) loan policies or underwriting standards;
17        (ii) asset quality;
18        (iii) financial reporting to federal or State
19    governmental or regulatory agencies; or
20        (iv) compliance with federal or State statutory or
21    regulatory requirements, including, without limitation,
22    the manner in which it performs its duties under Section
23    30.
24    (c) Meetings, minutes of meetings, and reports of the
25board of directors shall be subject to the confidentiality and
26redaction standards set forth in this subsection.

 

 

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1    (d) Except as provided in paragraph (e), compliance review
2documents and the deliberations of the board of directors are
3confidential. An affiliate of a credit union, a credit union
4regulatory agency, and the insurer of credit union share
5accounts shall have access to compliance review documents;
6however, (i) the documents remain confidential and (ii)
7delivery of compliance review documents to an affiliate or
8pursuant to the requirements of a credit union regulatory
9agency or an insurer of credit union share accounts do not
10constitute a waiver of the confidentiality granted in this
11Section.
12    (e) This Section does not apply to any civil or
13administrative action initiated by a credit union regulatory
14agency or an insurer of credit union share accounts.
15    (f) This Section shall not be construed to limit the
16discovery or admissibility in any civil action of any
17documents, including compliance review documents.
18    (g) Any report required under this Act to be furnished to
19the board of directors by the membership committee, credit
20committee, or any other committee may be submitted in a
21summary format that redacts personally identifiable
22information as defined under applicable State and federal law.
23    (h) Compliance review documents may be disclosed by the
24Secretary or a credit union to any person or entity to whom
25confidential supervisory information may be disclosed pursuant
26to subsection (3) of Section 9.1.

 

 

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1(Source: P.A. 103-289, eff. 7-28-23; 104-403, eff. 1-1-26.)
 
2    (205 ILCS 305/57.3 new)
3    Sec. 57.3. Digital asset services.
4    (a) For purposes of this Section, the terms "covered
5person", "digital asset", "digital asset business activity",
6and "service provider" have the meanings given to those terms
7in the Digital Assets and Consumer Protection Act.
8    (b) A credit union may establish relationships with
9covered persons and service providers in connection with the
10offering or provision by those covered persons or service
11providers of a digital asset business activity to enable the
12members of the credit union to hold, buy, and sell digital
13assets. The credit union shall have the authority to engage in
14digital asset business activity and perform administrative
15functions related thereto, including, without limitation,
16custodial services, to facilitate digital asset transactions
17between its members and covered persons and service providers.
18    (c) A credit union must exercise appropriate due diligence
19in selecting a covered person or service provider with whom to
20do business, and the written agreement between the credit
21union and covered person or service provider must address:
22        (1) the features of the digital asset program;
23        (2) the responsibilities and duties of the covered
24    person or service provider and credit union under the
25    program;

 

 

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1        (3) the confidentiality, security, disclosure, and
2    processing of credit union member information;
3        (4) the applicable reporting and termination
4    provisions; and
5        (5) compliance with the requirements of all applicable
6    laws.
7    (d) When marketing or advertising digital assets, digital
8asset business activities, and related administrative
9functions to the members of the credit union, the members
10shall be informed that the digital assets:
11        (1) are not federally insured or insured by any other
12    insurer approved by the Secretary;
13        (2) are not guaranteed by the credit union;
14        (3) are or may be speculative and volatile;
15        (4) may have associated fees;
16        (5) may not allow member recourse; and
17        (6) are or are not being offered by a third party.
 
18    (205 ILCS 305/57.5 new)
19    Sec. 57.5. Sales of debt cancellation services and
20products.
21    (a) For purposes of this Section, "debt cancellation
22services" means a contractual assurance between a credit union
23as the lender and its member as the borrower on a motor vehicle
24loan that, in the event collision or comprehensive insurance
25coverage is insufficient to cover the loan balance on a total

 

 

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1loss due to a collision, theft, or other casualty covered by
2the insurance, the credit union will cancel the debt. Through
3cancellation of the debt, the recovery of any deficiency or
4gap between the insurance payout based on the vehicle's actual
5cash value and the greater amount still owed on the loan is
6waived. Debt cancellation may also be referred to as debt
7protection or guaranteed asset protection. In exchange for the
8benefit provided by the debt cancellation, a credit union may
9assess a fee to the member.
10    (b) A credit union may offer debt cancellation services to
11a member in connection with a motor vehicle loan made to the
12member. The terms and conditions of the debt cancellation
13services, including the assessment of any fees, shall be set
14forth in a written agreement between the credit union and the
15member. The agreement shall be executed prior to, or
16contemporaneous with, the execution of the loan agreement to
17which the debt cancellation services relate.
18    (c) Debt cancellation services are loan-related and not
19insurance under the Illinois Insurance Code.
 
20    (205 ILCS 305/59)  (from Ch. 17, par. 4460)
21    Sec. 59. Investment of funds.
22    (a) Funds not used in loans to members may be invested,
23pursuant to subsection (7) of Section 30 of this Act, and
24subject to Departmental rules and regulations:
25        (1) In securities, obligations or other instruments of

 

 

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1    or issued by or fully guaranteed as to principal and
2    interest by the United States of America or any agency
3    thereof or in any trust or trusts established for
4    investing directly or collectively in the same;
5        (2) In obligations of any state of the United States,
6    the District of Columbia, the Commonwealth of Puerto Rico,
7    and the several territories organized by Congress, or any
8    political subdivision thereof; however, a credit union may
9    not invest more than 10% of its unimpaired capital and
10    surplus in the obligations of one issuer, exclusive of
11    general obligations of the issuer, and investments in
12    municipal securities must be limited to securities rated
13    in one of the 4 highest rating investment grades by a
14    nationally recognized statistical rating organization;
15        (3) In certificates of deposit or passbook type
16    accounts issued by a state or national bank, mutual
17    savings bank or savings and loan association; provided
18    that such institutions have their accounts insured by the
19    Federal Deposit Insurance Corporation or the Federal
20    Savings and Loan Insurance Corporation; but provided,
21    further, that a credit union's investment in an account in
22    any one institution may exceed the insured limit on
23    accounts;
24        (4) In shares, classes of shares or share certificates
25    of other credit unions, including, but not limited to,
26    corporate credit unions; provided that such credit unions

 

 

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1    have their members' accounts insured by the NCUA or other
2    approved insurers, and that if the members' accounts are
3    so insured, a credit union's investment may exceed the
4    insured limit on accounts;
5        (5) In shares of a cooperative society organized under
6    the laws of this State or the laws of the United States in
7    the total amount not exceeding 10% of the unimpaired
8    capital and surplus of the credit union; provided that
9    such investment shall first be approved by the Department;
10        (6) In obligations of the State of Israel, or
11    obligations fully guaranteed by the State of Israel as to
12    payment of principal and interest;
13        (7) In shares, stocks or obligations of other
14    financial institutions in the total amount not exceeding
15    5% of the unimpaired capital and surplus of the credit
16    union;
17        (8) In federal funds and bankers' acceptances;
18        (9) In shares or stocks of Credit Union Service
19    Organizations in the total amount not exceeding the
20    greater of 6% of the unimpaired capital and surplus of the
21    credit union or the amount authorized for federal credit
22    unions;
23        (10) In corporate bonds identified as investment grade
24    by at least one nationally recognized statistical rating
25    organization, provided that:
26            (i) the board of directors has established a

 

 

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1        written policy that addresses corporate bond
2        investment procedures and how the credit union will
3        manage credit risk, interest rate risk, liquidity
4        risk, and concentration risk; and
5            (ii) the credit union has documented in its
6        records that a credit analysis of a particular
7        investment and the issuing entity was conducted by the
8        credit union, a third party on behalf of the credit
9        union qualified by education or experience to assess
10        the risk characteristics of corporate bonds, or a
11        nationally recognized statistical rating agency before
12        purchasing the investment and the analysis is updated
13        at least annually for as long as it holds the
14        investment;
15        (11) To aid in the credit union's management of its
16    assets, liabilities, and liquidity in the purchase of an
17    investment interest in a pool of loans, in whole or in part
18    and without regard to the membership of the borrowers,
19    from other depository institutions and financial type
20    institutions, including mortgage banks, finance companies,
21    insurance companies, and other loan sellers, subject to
22    such safety and soundness standards, limitations, and
23    qualifications as the Department may establish by rule or
24    guidance from time to time;
25        (12) To aid in the credit union's management of its
26    assets, liabilities, and liquidity by receiving funds from

 

 

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1    another financial institution as evidenced by certificates
2    of deposit, share certificates, or other classes of shares
3    issued by the credit union to the financial institution;
4        (13) In the purchase and assumption of assets held by
5    other financial institutions, with approval of the
6    Secretary and subject to any safety and soundness
7    standards, limitations, and qualifications as the
8    Department may establish by rule or guidance from time to
9    time;
10        (14) In the shares, stocks, or obligations of
11    community development financial institutions as defined in
12    regulations issued by the U.S. Department of the Treasury
13    and minority depository institutions as defined by the
14    National Credit Union Administration; however the
15    aggregate amount of all such investments shall not at any
16    time exceed 5% of the paid-in and unimpaired capital and
17    surplus of the credit union;
18        (15)(A) In shares, stocks, or member units of
19    financial technology companies in the total amount not
20    exceeding 2.5% of the net worth of the credit union, so
21    long as:
22            (i) the credit union would remain well capitalized
23        as defined by 12 CFR 702.102 if the credit union
24        reduced its net worth by the full investment amount at
25        the time the investment is made or at any point during
26        the time the investment is held by the credit union;

 

 

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1            (ii) the credit union and the financial technology
2        company are operated in a manner that demonstrates to
3        the public the separate corporate existence of the
4        credit union and financial technology company; and
5            (iii) the credit union has received a composite
6        rating of 1 or 2 under the CAMELS supervisory rating
7        system.
8        (B) The investment limit in subparagraph (A) of this
9    paragraph (15) is increased to 5% of the net worth of the
10    credit union if it has received a management rating of 1
11    under the CAMELS supervisory rating system at the time a
12    specific investment is made and at all times during the
13    term of the investment. A credit union that satisfies the
14    criteria in subparagraph (A) of this paragraph (15) and
15    this subparagraph may request approval from the Secretary
16    for an exception to the 5% limit up to a limit of 10% of
17    the net worth of the credit union, subject to such safety
18    and soundness standards, limitations, and qualifications
19    as the Department may establish by rule or guidance from
20    time to time. The request shall be in writing and
21    substantiate the need for the higher limit, describe the
22    credit union's record of investment activity, and include
23    financial statements reflecting a sound fiscal history.
24        (C) Before investing in a financial technology
25    company, the credit union shall obtain a written legal
26    opinion as to whether the financial technology company is

 

 

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1    established in a manner that will limit potential exposure
2    of the credit union to no more than the loss of funds
3    invested in the financial technology company and the legal
4    opinion shall:
5            (i) address factors that have led courts to
6        "pierce the corporate veil", such as inadequate
7        capitalization, lack of separate corporate identity,
8        common boards of directors and employees, control of
9        one entity over another, and lack of separate books
10        and records; and
11            (ii) be provided by independent legal counsel of
12        the credit union.
13        (D) Before investing in the financial technology
14    company, the credit union shall enter into a written
15    investment agreement with the financial technology company
16    and the agreement shall contain the following clauses:
17            (i) the financial technology company will: (I)
18        provide the Department with access to the books and
19        records of the financial technology company relating
20        to the investment made by the credit union, with the
21        costs of examining those records borne by the credit
22        union in accordance with the per diem rate established
23        by the Department by rule; (II) follow generally
24        accepted accounting principles; and (III) provide the
25        credit union with its financial statements on at least
26        a quarterly basis and certified public accountant

 

 

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1        audited financial statements on an annual basis; and
2            (ii) the financial technology company and credit
3        union agree to terminate their contractual
4        relationship: (I) upon 90 days' written notice to the
5        parties by the Secretary that the safety and soundness
6        of the credit union is threatened pursuant to the
7        Department's cease and desist and suspension authority
8        in Sections 8 and 61; (II) upon 30 days' written notice
9        to the parties if the credit union's net worth ratio
10        falls below the level that classifies it as well
11        capitalized as defined by 12 CFR 702.102; and (III)
12        immediately upon the parties' receipt of written
13        notice from the Secretary when the Secretary
14        reasonably concludes, based upon specific facts set
15        forth in the notice to the parties, that the credit
16        union will suffer immediate, substantial, and
17        irreparable injury or loss if it remains a party to the
18        investment agreement.
19        (E) The termination of the investment agreement
20    between the financial technology company and credit union
21    shall in no way operate to relieve the financial
22    technology company from repaying the investment or other
23    obligation due and owing the credit union at the time of
24    termination.
25        (F) Any financial technology company in which a credit
26    union invests pursuant to this paragraph (15) that

 

 

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1    directly or indirectly originates, purchases, facilitates,
2    brokers, or services loans to consumers in Illinois shall
3    not charge an interest rate that exceeds the applicable
4    maximum rate established by the Board of the National
5    Credit Union Administration pursuant to 12 CFR
6    701.21(c)(7)(iii)-(iv). The maximum interest rate
7    described in this subparagraph that may be charged by a
8    financial technology company applies to all consumer loans
9    and consumer credit products; and
10        (16) In derivatives transactions, to aid in the credit
11    union's management of interest rate risk. Before entering
12    into a derivatives transaction, and at all times during
13    its management of a derivatives transactions program, a
14    credit union shall satisfy and comply with all the
15    requirements set forth in 12 CFR 703.101 et seq. All
16    definitional terms and operational standards shall have
17    the meanings given to them in 12 CFR 703.101 et seq.,
18    except references to federal credit unions shall be
19    construed to mean Illinois-chartered credit unions, and
20    references to the National Credit Union Administration and
21    Regional Director shall be respectfully construed to mean
22    the Department and the Secretary. A credit union with
23    assets of at least $500 million and a CAMELS management
24    component rating of 1 or 2 need not obtain prior approval
25    from the Department before engaging in derivative
26    transactions but shall notify the Secretary in writing or

 

 

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1    by electronic mail within 5 business days after entering
2    into its first derivatives transaction; and .
3        (17) In commercial mortgage related securities and
4    collateralized mortgage obligations to aid in the credit
5    union's management of its assets, liabilities, and
6    liquidity. Before entering into a transaction to purchase
7    a commercial mortgage related security or investing in a
8    collateralized mortgage obligation and at all times during
9    its management of the purchase or investment, a credit
10    union shall satisfy and comply with the requirements set
11    forth in 12 CFR 703.14. For the purposes of this
12    paragraph, all definitional terms and operational
13    standards shall have the meanings given to them in 12 CFR
14    703.14, except references to federal credit unions shall
15    be construed to mean Illinois-chartered credit unions.
16    (b) As used in this Section:
17    "Political subdivision" includes, but is not limited to,
18counties, townships, cities, villages, incorporated towns,
19school districts, educational service regions, special road
20districts, public water supply districts, fire protection
21districts, drainage districts, levee districts, sewer
22districts, housing authorities, park districts, and any
23agency, corporation, or instrumentality of a state or its
24political subdivisions, whether now or hereafter created and
25whether herein specifically mentioned or not.
26    "Financial institution" includes any bank, savings bank,

 

 

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1savings and loan association, or credit union established
2under the laws of the United States, this State, or any other
3state.
4    "Financial technology company" includes any corporation,
5partnership, limited liability company, or other entity
6organized under the laws of Illinois, another state, or the
7United States of America:
8        (1) that the principal business of which is the
9    provision of financial products or financial services, or
10    both, that:
11            (i) currently relate or may prospectively relate
12        to the daily operations of credit unions;
13            (ii) are of current or prospective benefit to the
14        members of credit unions; or
15            (iii) are of current or prospective benefit to
16        consumers eligible for membership in credit unions;
17        and
18        (2) that applies technological interventions,
19    including, without limitation, specialized software or
20    algorithm processes, products, or solutions, to improve
21    and automate the delivery and use of those financial
22    products or financial services.
23    (c) A credit union investing to fund an employee benefit
24plan obligation is not subject to the investment limitations
25of this Act and this Section and may purchase an investment
26that would otherwise be impermissible if the investment is

 

 

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1directly related to the credit union's obligation under the
2employee benefit plan and the credit union holds the
3investment only for so long as it has an actual or potential
4obligation under the employee benefit plan.
5    (d) If a credit union acquires loans from another
6financial institution or financial-type institution pursuant
7to this Section, the credit union shall be authorized to
8provide loan servicing and collection services in connection
9with those loans.
10(Source: P.A. 102-496, eff. 8-20-21; 102-774, eff. 5-13-22;
11102-858, eff. 5-13-22; 103-154, eff. 6-30-23; 103-1034, eff.
128-9-24.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.