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093_SB0771enr
SB771 Enrolled LRB093 03108 JLS 03125 b
1 AN ACT in relation to banking.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Banking Act is amended by
5 changing Section 34 as follows:
6 (205 ILCS 5/34) (from Ch. 17, par. 342)
7 Sec. 34. Exceptions to loans and investment limits. The
8 limitations in Sections 32, 33, and 35.1 of this Act upon the
9 liabilities of any one person and upon the purchase and
10 holding of marketable investment securities shall not apply:
11 (1) To the extent of 50% of the unimpaired capital and
12 unimpaired surplus of any bank, to loans to or obligations of
13 any person to the extent that the loan shall be secured by a
14 like amount of obligations of or guaranteed by the United
15 States or by the State of Illinois, or by a like amount of
16 obligations of any corporation wholly owned directly or
17 indirectly by the United States or of any agency or
18 instrumentality of the United States or of the State of
19 Illinois, including any unit of local government or school
20 district, provided that the total liabilities to any bank of
21 any one person shall not exceed 50% of such unimpaired
22 capital and unimpaired surplus.
23 (2) To the extent of 30% of the unimpaired capital and
24 unimpaired surplus of any bank, to loans to or obligations of
25 any person to the extent that the same shall be secured by
26 shipping documents or instruments transferring or securing
27 title covering livestock or giving a lien on livestock when
28 the market value of the livestock securing the obligation is
29 not at the time of the making of the loan less than 115% of
30 the principal amount of the obligation, provided that the
31 total liabilities to any bank of any one person shall not
SB771 Enrolled -2- LRB093 03108 JLS 03125 b
1 exceed 50% of the unimpaired capital and unimpaired surplus.
2 (3) To the extent of the unimpaired capital and
3 unimpaired surplus of any bank, to the purchase of or holding
4 by any bank of the general obligations of each municipality
5 located in the State of Illinois or in any other state of the
6 United States or to the purchase of or holding of the tax
7 anticipation warrants of each such municipality.
8 (4) To the obligations as endorser, whether with or
9 without recourse, or as guarantor, whether conditional or
10 unconditional, of negotiable or nonnegotiable installment
11 consumer paper of the person transferring the same if the
12 bank's files or the knowledge of its officers of the
13 financial condition of each maker of those obligations is
14 reasonably adequate and if an officer of the bank, designated
15 for that purpose by the board of directors of the bank,
16 certifies that the responsibility of each maker of the
17 obligations has been evaluated and that the bank is relying
18 primarily upon each maker for the payment of the obligations;
19 certification shall be in writing and shall be retained as
20 part of the records of the bank.
21 (5) To the issuance, advice, or confirmation of letters
22 of credit; however, if the letter of credit is a standby
23 letter of credit, it shall be included within the limit under
24 Section 32 for the person who has procured the issuance of
25 the standby letter of credit unless the issuing bank has, at
26 the time of issuance, an irrevocable commitment by another
27 bank to purchase or participate out any amounts that may
28 later be drawn under the letter of credit that would create a
29 loan in excess of the limits under Section 32 for the person
30 or the amounts are secured by pledge of United States
31 government securities, a segregated deposit account, or
32 other security that would exempt a loan so secured by
33 application of Section 34 or 35 of this Act; if, however, a
34 commitment to purchase or participate is in place, the
SB771 Enrolled -3- LRB093 03108 JLS 03125 b
1 amounts are not included in the limits under Section 32 for
2 the person until drafts are presented upon the letter.
3 (6) To the acceptance of drafts or bills of exchange
4 that grow out of transactions involving the importation or
5 exportation of goods; or that grow out of transactions
6 involving the domestic shipment of goods, provided documents
7 of title covering the goods secure the acceptances at the
8 time of acceptance; or that are secured at the time of
9 acceptances by documents of title covering readily marketable
10 staples; but the aggregate amount of these acceptances by any
11 State bank on behalf of any one person at any one time
12 outstanding shall not exceed 20% of the unimpaired capital
13 and unimpaired surplus of the bank unless the part thereof in
14 excess of that percentum of unimpaired capital and unimpaired
15 surplus is and will remain secured by accompanying documents
16 of title or proceeds thereof growing out of the same
17 transaction or by substituted security of similar character;
18 provided further, however, that the aggregate amount of the
19 acceptances on behalf of any one person outstanding at any
20 one time shall not exceed 50% of the amount of unimpaired
21 capital and unimpaired surplus of the bank. The provisions of
22 this paragraph (6) apply to the acceptances by a State bank
23 on behalf of any one person and not to the purchase by a
24 State bank of other banks' acceptances. A State bank may
25 purchase acceptances from other banks in amounts not to
26 exceed 50% of the State bank's unimpaired capital and
27 unimpaired surplus from any one bank.
28 (7) To the extent of 20% of the unimpaired capital and
29 unimpaired surplus of any bank, to the purchase of or holding
30 by any bank of obligations of the State of Israel or
31 obligations fully guaranteed by the State of Israel as to
32 payment of principal and interest.
33 (8) To the purchase of stock in a Federal Home Loan
34 Bank.
SB771 Enrolled -4- LRB093 03108 JLS 03125 b
1 (Source: P.A. 90-301, eff. 8-1-97.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.
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