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90_SB0646 205 ILCS 205/1007.115 new 205 ILCS 205/1008 from Ch. 17, par. 7301-8 205 ILCS 205/8012 from Ch. 17, par. 7308-12 Amends the Savings Bank Act. Provides that a federally chartered savings and loan association or savings bank required by federal law convert to a national bank or a state chartered institution may become a State savings bank under an expedited process. Effective immediately. LRB9002634JSmg LRB9002634JSmg 1 AN ACT to amend the Savings Bank Act by changing Sections 2 1008 and 8012 and adding Section 1007.115. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Savings Bank Act is amended by changing 6 Sections 1008 and 8012 and adding Section 1007.115 as 7 follows: 8 (205 ILCS 205/1007.115 new) 9 Sec. 1007.115. Federal association. "Federal 10 association" means a savings and loan association or savings 11 bank incorporated under the federal Home Owners Loan Act of 12 1993, as now or hereafter amended, whose principal business 13 office is located within this State. 14 (205 ILCS 205/1008) (from Ch. 17, par. 7301-8) 15 Sec. 1008. General corporate powers. 16 (a) A savings bank operating under this Act shall be a 17 body corporate and politic and shall have all of the specific 18 powers conferred by this Act and in addition thereto, the 19 following general powers: 20 (1) To sue and be sued, complain, and defend in its 21 corporate name and to have a common seal, which it may 22 alter or renew at pleasure. 23 (2) To obtain and maintain insurance by a deposit 24 insurance corporation as defined in this Act. 25 (3) To act as a fiscal agent for the United States, 26 the State of Illinois or any department, branch, arm, or 27 agency of the State or any unit of local government or 28 school district in the State, when duly designated for 29 that purpose, and as agent to perform reasonable 30 functions as may be required of it. -2- LRB9002634JSmg 1 (4) To become a member of or deal with any 2 corporation or agency of the United States or the State 3 of Illinois, to the extent that the agency assists in 4 furthering or facilitating its purposes or powers and to 5 that end to purchase stock or securities thereof or 6 deposit money therewith, and to comply with any other 7 conditions of membership or credit. 8 (5) To make donations in reasonable amounts for the 9 public welfare or for charitable, scientific, religious, 10 or educational purposes. 11 (6) To adopt and operate reasonable insurance, 12 bonus, profit sharing, and retirement plans for officers 13 and employees and for directors including, but not 14 limited to, advisory, honorary, and emeritus directors, 15 who are not officers or employees. 16 (7) To reject any application for membership; to 17 retire deposit accounts by enforced retirement as 18 provided in this Act and the bylaws; and to limit the 19 issuance of, or payments on, deposit accounts, subject, 20 however, to contractual obligations. 21 (8) To purchase stock in service corporations and 22 to invest in any form of indebtedness of any service 23 corporation as defined in this Act, subject to 24 regulations of the Commissioner. 25 (9) To purchase stock of a corporation whose 26 principal purpose is to operate a safe deposit company or 27 escrow service company. 28 (10) To exercise all the powers necessary to 29 qualify as a trustee or custodian under federal or State 30 law, provided that the authority to accept and execute 31 trusts is subject to the provisions of the Corporate 32 Fiduciary Act and to the supervision of those activities 33 by the Commissioner of Banks and Real Estate. 34 (11) (Blank). -3- LRB9002634JSmg 1 (12) To establish, maintain, and operate terminals 2 as authorized by the Electronic Fund Transfer Act. The 3 establishment, maintenance, operation, and location of 4 those terminals shall be subject to the approval of the 5 Commissioner. 6 (13) Pledge its assets: 7 (A) to enable it to act as agent for the sale 8 of obligations of the United States; 9 (B) to secure deposits; 10 (C) to secure deposits of money whenever 11 required by the National Bankruptcy Act; 12 (D) to qualify under Section 2-9 of the 13 Corporate Fiduciary Act; and 14 (E) to secure trust funds commingled with the 15 savings bank's funds, whether deposited by the 16 savings bank or an affiliate of the savings bank, as 17 required under Section 2-8 of the Corporate 18 Fiduciary Act. 19 (14) To accept for payment at a future date not to 20 exceed one year from the date of acceptance, drafts drawn 21 upon it by its customers; and to issue, advise, or 22 confirm letters of credit authorizing holders thereof to 23 draw drafts upon it or its correspondents. 24 (15) Subject to the regulations of the 25 Commissioner, to own and lease personal property acquired 26 by the savings bank at the request of a prospective 27 lessee and, upon the agreement of that person, to lease 28 the personal property. 29 (16) To establish temporary service booths at any 30 International Fair in this State that is approved by the 31 United States Department of Commerce for the duration of 32 the international fair for the purpose of providing a 33 convenient place for foreign trade customers to exchange 34 their home countries' currency into United States -4- LRB9002634JSmg 1 currency or the converse. To provide temporary periodic 2 service to persons residing in a bona fide nursing home, 3 senior citizens' retirement home, or long-term care 4 facility. These powers shall not be construed as 5 establishing a new place or change of location for the 6 savings bank providing the service booth. 7 (17) To indemnify its officers, directors, 8 employees, and agents, as authorized for corporations 9 under Section 8.75 of the Business Corporations Act of 10 1983. 11 (18) To provide data processing services to others 12 on a for-profit basis. 13 (19) To utilize any electronic technology to 14 provide customers with home banking services. 15 (20) Subject to the regulations of the 16 Commissioner, to enter into an agreement to act as a 17 surety. 18 (21) Subject to the regulations of the 19 Commissioner, to issue credit cards, extend credit 20 therewith, and otherwise engage in or participate in 21 credit card operations. 22 (22) To purchase for its own account shares of 23 stock of a bankers' bank, described in Section 13(b)(1) 24 of the Illinois Banking Act, on the same terms and 25 conditions as a bank may purchase such shares. In no 26 event shall the total amount of such stock held by a 27 savings bankan associationin such bankers' bank exceed 28 10% of its capital and surplus (including undivided 29 profits) and in no event shall a savings bankan30associationacquire more than 5% of any class of voting 31 securities of such bankers' bank. 32 (23) To become a member of the Federal Home Loan 33 Bank Board and to have the powers granted to a savings 34 association organized under the Illinois Savings and Loan -5- LRB9002634JSmg 1 Act of 1985 or the laws of the United States, subject to 2 regulations of the Commissioner. 3 (b) If this Act fails to provide specific guidance in 4 matters of corporate governance, the provisions of the 5 Business Corporation Act of 1983 may be used. 6 (Source: P.A. 88-112; 88-481; 88-670, eff. 12-2-94; 89-74, 7 eff. 6-30-95; 89-310, eff. 1-1-96; 89-317, eff. 8-11-95; 8 89-355, eff. 8-17-95; 89-508, eff. 7-3-96; 89-603, eff. 9 8-2-96; 89-626, eff. 8-9-96; revised 9-9-96.) 10 (205 ILCS 205/8012) (from Ch. 17, par. 7308-12) 11 Sec. 8012. Conversion of an existing depository 12 institution to a savings bank. 13 (a) Except as provided in subsection (b), an existing 14 depository institution may become an Illinois savings bank 15 by: 16 (1) Applying to the Commissioner of Banks and Real 17 Estate for an Illinois savings bank charter. 18 (2) Obtaining insurance of accounts from a deposit 19 insurance corporation. 20 (3) Complying with the provisions of this Act and 21 the rules and regulations of the Commissioner, except 22 that any requirements of publication, notice, and public 23 hearing are hereby waived. 24 (4) Paying all outstanding bills for supervisory 25 fees, examination fees, membership fees, other fees, 26 penalties, and assessments associated with its original 27 charter. 28 (5) Recording a savings bank charter in the county 29 of its company headquarters. 30 (6) Giving notice to its original chartering 31 authority and surrendering its charter to its chartering 32 authority upon approval of the Commissioner. 33 (b) A federal association required by a law of the -6- LRB9002634JSmg 1 United States to convert to a national bank or to a 2 depository institution chartered under the laws of the State 3 of Illinois that elects to become a savings bank may apply 4 for an expedited process under this subsection. Upon filing 5 with the Commissioner a certified copy of the conversion 6 registration statement filed with the appropriate federal 7 regulatory agency and a certificate issued by that federal 8 regulatory agency showing that the federal association has 9 complied with the provisions of federal law, the Commissioner 10 shall issue a savings bank charter to the converting federal 11 association, provided the converting federal association: 12 (i) furnishes evidence of insurance of accounts 13 from a deposit insurance corporation; 14 (ii) complies with the provisions of this Act and 15 the rules of the Commissioner, except that any 16 requirements of publication notice and public hearing are 17 waived; and 18 (iii) records the savings bank charter in the 19 county of its principal place of business. 20 (c) A federal savings association that converts to a 21 savings bank under subsection (b) of this Section shall not 22 be required to pay any application fees in connection with 23 the conversion. 24 (Source: P.A. 89-508, eff. 7-3-96.) 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.