(205 ILCS 620/5-9)
(from Ch. 17, par. 1555-9)
Statement of condition.
(a) Each corporate fiduciary shall file with
the Commissioner, when requested, a statement under oath, of the
condition of such corporate fiduciary as of the date requested.
The statement of condition shall be in such form and contain such
statements, returns and information, as to the affairs, business
conditions, and resources of the corporate fiduciary or of its
trust department, as the case may be, as the said Commissioner
may, from time to time prescribe or require.
(b) Such statement of condition shall be verified by the
affidavit of the president, vice president or principal
accounting officer of said corporate fiduciary, who shall also
state in such affidavit that he has examined the books and
accounts of said corporate fiduciary or of its trust department,
as the case may be for the purpose of making said report or
statement, and that the information contained in the statement or
report is accurate to the best of his knowledge and belief. If the statement
is submitted in electronic form, the Commissioner may, in the call for the
report, specify the manner in which the appropriate officer of the corporate
fiduciary shall verify the statement of condition.
(d) Any corporate fiduciary which fails to file an accurate
statement of condition on or before the date it is due may be fined $100 for each
day of noncompliance.
(e) Any corporate fiduciary which is the victim of a robbery
or experiences a
shortage of funds in excess of $10,000, an apparent
the corporate fiduciary's funds by an officer, employee, director,
agent, a charge-off of assets of the corporate fiduciary, or any adverse legal action in an amount
in excess of 10% of total capital and surplus of the corporate fiduciary,
not limited to, the entry of an adverse money judgment against the
corporate fiduciary shall report that information in writing to the
Commissioner within 7 days. Neither the corporate fiduciary,
its directors, officers, employees or agents, in the preparation or
filing of the reports required by this subsection, shall be
subject to any
liability for libel, slander or other charges resulting from information
supplied in such reports, except when the supplying of such information is
done in a corrupt or malicious manner or otherwise not in good faith.
(Source: P.A. 97-492, eff. 1-1-12.)