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205 ILCS 5/13
(205 ILCS 5/13)
(from Ch. 17, par. 320)
Issuance of charter.
(a) When the directors have organized as provided in Section 12 of this
Act, and the capital stock and the preferred stock, if any, together with a
surplus of not less than 50% of the capital,
has been all fully paid in and a record of the same
filed with the Commissioner, the Commissioner or some competent
person of the Commissioner's appointment shall make a thorough
examination into the affairs of the proposed bank, and if satisfied (i)
all the requirements of this Act have been complied with, (ii) that
intervening circumstance has occurred to change the Commissioner's findings
made pursuant to Section 10 of this Act, and (iii) that the prior involvement
by any stockholder who will own a sufficient amount of stock to have control,
as defined in Section 18 of this Act, of the proposed bank with any other
financial institution, whether as stockholder, director, officer, or customer,
was conducted in a safe and sound manner, upon payment into the
Commissioner's office of the reasonable expenses of the
examination, as determined by the Commissioner, the Commissioner shall
issue a charter authorizing the bank to commence business as authorized in
this Act. All charters issued by the Commissioner or any predecessor
agency which chartered State banks, including any charter outstanding as of
September 1, 1989, shall be perpetual. For the 2 years after the Commissioner
has issued a charter to a bank, the bank shall request and obtain from the
Commissioner prior written approval before it may change senior management
personnel or directors.
The original charter, duly certified by the Commissioner, or a certified copy
shall be evidence in all courts and places
of the existence and authority of the bank to do business. Upon the
issuance of the charter by the Commissioner, the bank
shall be deemed fully organized and may
proceed to do business. The Commissioner may, in the Commissioner's
discretion, withhold the issuing of the charter when the Commissioner has
reason to believe that the bank is organized for any purpose other than
that contemplated by this Act. The Commissioner shall
revoke the charter and order liquidation in the event that the bank does
not commence a general banking business within one year from the date of
the issuance of the charter, unless a request has been submitted, in
writing, to the Commissioner for an extension and the request has been
approved. After commencing a general
banking business, a bank may
its name by filing written notice with the Commissioner at least 30 days
to the effective date of such change. A bank chartered under this Act may
change its main banking premises by filing written application with the
Commissioner, on forms prescribed by the Commissioner, provided (i) the change
shall not be a removal to a new location without complying with the capital
requirements of Section 7 and of subsection (1) of Section 10 of this Act; (ii)
the Commissioner approves the relocation or change; and (iii) the bank
complies with any applicable federal law or regulation. The application
shall be deemed to be approved if the Commissioner has not acted on the
application within 30 days after receipt of the application, unless within the
30-day time frame the Commissioner informs the bank that an extension of time
necessary prior to the Commissioner's action on the application.
(b)(1) The Commissioner may also issue a charter to a bank that is owned
exclusively by other depository institutions or depository institution holding
companies and is organized to engage exclusively in providing services to or
for other financial institutions, their holding companies, and the officers,
directors, and employees of such institutions and companies, and in providing
services at the request of other financial institutions
or their holding companies (also referred to as a "bankers' bank"). The bank may also provide products and services to its officers, directors, and employees.
(2) A bank chartered pursuant to paragraph (1) shall, except as otherwise
specifically determined or limited by the Commissioner in an order or
pursuant to a rule, be vested with the same rights
and privileges and subject to the same duties, restrictions, penalties,
and liabilities now or hereafter imposed under this Act.
(c) A bank chartered under this Act shall, at all times while it accepts or retains deposits, maintain with
the Federal Deposit Insurance Corporation, or such other instrumentality of
or corporation chartered by the United States, deposit insurance as
authorized under federal law.
(d)(i) A bank that has a banking charter issued by the Commissioner under
this Act may, pursuant to a written purchase and assumption agreement,
transfer substantially all of its assets to another State bank or national
bank in consideration, in whole or in part, for the transferee banks'
assumption of any part or all of its liabilities. Such a transfer shall in
no way be deemed to impair the charter of the transferor bank or cause the
transferor bank to forfeit any of its rights, powers, interests,
franchises, or privileges as a State bank, nor shall any voluntary
reduction in the transferor bank's activities resulting from the transfer
have any such effect; provided, however, that a State bank that transfers
substantially all of its assets pursuant to this subsection (d) and
following the transfer does not accept deposits and make loans, shall not
have any rights, powers, interests, franchises, or privileges under
subsection (15) of Section 5 of this Act until the bank has resumed
accepting deposits and making loans.
(ii) The fact that a State bank does not resume accepting deposits and
making loans for a period of 24 months commencing on September 11, 1989 or on a
date of the transfer of substantially all of a State bank's assets, whichever
is later, or such longer period as the Commissioner may allow in writing, may
be the basis for a finding by the Commissioner under Section 51 of this Act
that the bank is unable to continue operations.
(iii) The authority provided by subdivision (i) of this subsection
(d) shall terminate on May 31, 1997, and no bank that has transferred
substantially all of its assets pursuant to this subsection (d) shall continue
in existence after May 31, 1997.
(Source: P.A. 95-924, eff. 8-26-08; 96-1365, eff. 7-28-10.)