State of Illinois
91st General Assembly
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Public Act 91-0849

HB3286 Enrolled                                LRB9111840JSpc

    AN ACT to amend the  Illinois  Banking  Act  by  changing
Section 5.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois  Banking  Act  is  amended  by
changing Section 5 as follows:

    (205 ILCS 5/5) (from Ch. 17, par. 311)
    Sec. 5.  General  corporate  powers.   A  bank  organized
under  this  Act  or subject hereto shall be a body corporate
and politic and shall, without specific  mention  thereof  in
the  charter,  have  all the powers conferred by this Act and
the following additional general corporate powers:
    (1)  To sue and be sued,  complain,  and  defend  in  its
corporate name.
    (2)  To  have  a  corporate seal, which may be altered at
pleasure, and to use the same by causing it  or  a  facsimile
thereof   to  be  impressed  or  affixed  or  in  any  manner
reproduced, provided that the affixing of a corporate seal to
an instrument shall not give the instrument additional  force
or effect, or change the construction thereof, and the use of
a corporate seal is not mandatory.
    (3)  To  make,  alter,  amend,  and  repeal  bylaws,  not
inconsistent   with   its   charter  or  with  law,  for  the
administration of the affairs of the bank.  If this Act  does
not   provide  specific  guidance  in  matters  of  corporate
governance, the provisions of the Business Corporation Act of
1983 may be used if so provided in the bylaws.
    (4)  To elect or appoint and remove officers  and  agents
of   the   bank   and  define  their  duties  and  fix  their
compensation.
    (5)  To  adopt  and  operate  reasonable   bonus   plans,
profit-sharing  plans, stock-bonus plans, stock-option plans,
pension plans and similar incentive plans for its  directors,
officers and employees.
    (5.1)  To  manage,  operate and administer a fund for the
investment of funds by a public agency or agencies, including
any unit of local  government  or  school  district,  or  any
person.   The  fund  for  a public agency shall invest in the
same  type  of  investments  and  be  subject  to  the   same
limitations provided for the investment of public funds.  The
fund  for  public  agencies  shall maintain a separate ledger
showing the amount of investment for each  public  agency  in
the  fund. "Public funds" and "public agency" as used in this
Section shall have the meanings ascribed to them in Section 1
of the Public Funds Investment Act.
    (6)  To make reasonable donations for the public  welfare
or  for  charitable,  scientific,  religious  or  educational
purposes.
    (7)  To  borrow or incur an obligation; and to pledge its
assets:
         (a)  to secure its borrowings, its lease of personal
    or real property or its other nondeposit obligations;
         (b)  to enable it to act as agent for  the  sale  of
    obligations of the United States;
         (c)  to  secure  deposits  of  public  money  of the
    United States, whenever  required  by  the  laws  of  the
    United   States,  including  without  being  limited  to,
    revenues and funds the deposit of which is subject to the
    control or regulation of the United States or any of  its
    officers, agents, or employees and Postal Savings funds;
         (d)  to secure deposits of public money of any state
    or  of  any  political corporation or subdivision thereof
    including, without being limited to, revenues  and  funds
    the  deposit  of  which  is  subject  to  the  control or
    regulation of any state or of any  political  corporation
    or  subdivisions  thereof  or  of  any of their officers,
    agents, or employees;
         (e)  to secure deposits of money  whenever  required
    by the National Bankruptcy Act;
         (f)  (blank); and
         (g)  to  secure  trust  funds  commingled  with  the
    bank's  funds,  whether  deposited  by  the  bank  or  an
    affiliate  of  the  bank,  pursuant to Section 2-8 of the
    Corporate Fiduciary Act.
    (8)  To own, possess, and carry as assets all or part  of
the  real estate necessary in or with which to do its banking
business, either directly or indirectly through the ownership
of all or part of the capital stock, shares or  interests  in
any  corporation,  association,  trust engaged in holding any
part or parts or all of the bank premises,  engaged  in  such
business  and  in  conducting  a safe deposit business in the
premises or part of them, or engaged in any activity that the
bank is permitted to conduct  in  a  subsidiary  pursuant  to
paragraph (12) of this Section 5.
    (9)  To  own,  possess,  and  carry  as assets other real
estate to which it may obtain title in the collection of  its
debts  or  that  was  formerly  used  as  a  part of the bank
premises, but title to  any  real  estate  except  as  herein
permitted  shall not be retained by the bank, either directly
or by or through a subsidiary,  as  permitted  by  subsection
(12) of this Section for a total period of more than 10 years
after acquiring title, either directly or indirectly.
    (10)  To  do any act, including the acquisition of stock,
necessary to  obtain  insurance  of  its  deposits,  or  part
thereof, and any act necessary to obtain a guaranty, in whole
or  in part, of any of its loans or investments by the United
States or any agency thereof, and any act necessary  to  sell
or  otherwise  dispose  of any of its loans or investments to
the United States or any agency thereof, and to  acquire  and
hold membership in the Federal Reserve System.
    (11)  Notwithstanding any other provisions of this Act or
any  other  law, to do any act and to own, possess, and carry
as assets property of the character, including stock, that is
at the time authorized or permitted to national banks  by  an
Act  of  Congress, but subject always to the same limitations
and restrictions as are applicable to national banks  by  the
pertinent federal law and subject to applicable provisions of
the Financial Institutions Insurance Sales Law.
    (12)  To  own,  possess, and carry as assets stock of one
or more corporations that is, or are, engaged in one or  more
of the following businesses:
         (a)  holding   title  to  and  administering  assets
    acquired as a result of the collection or liquidating  of
    loans, investments, or discounts; or
         (b)  holding  title  to  and  administering personal
    property acquired by the  bank,  directly  or  indirectly
    through  a  subsidiary,  for  the  purpose  of leasing to
    others, provided the lease or leases and  the  investment
    of  the  bank,  directly or through a subsidiary, in that
    personal property otherwise comply with Section  35.1  of
    this Act; or
         (c)  carrying   on   or  administering  any  of  the
    activities excepting  the  receipt  of  deposits  or  the
    payment  of  checks  or  other  orders for the payment of
    money in which a bank  may  engage  in  carrying  on  its
    general banking business; provided, however, that nothing
    contained in this paragraph (c) shall be deemed to permit
    a  bank organized under this Act or subject hereto to do,
    either directly or indirectly through any subsidiary, any
    act, including the making of any loan or  investment,  or
    to  own, possess, or carry as assets any property that if
    done by or owned, possessed, or carried by the State bank
    would be in violation of or prohibited by  any  provision
    of this Act.
    The provisions of this subsection (12) shall not apply to
and  shall  not be deemed to limit the powers of a State bank
with respect to the ownership, possession,  and  carrying  of
stock  that  a  State  bank  is permitted to own, possess, or
carry under this Act.
    Any bank intending to establish a subsidiary  under  this
subsection (12) shall give written notice to the Commissioner
60  days prior to the subsidiary's commencing of business or,
as the case may be, prior to acquiring stock in a corporation
that has already commenced  business.   After  receiving  the
notice,  the  Commissioner may waive or reduce the balance of
the 60 day notice period.  The Commissioner may  specify  the
form  of  the notice and may promulgate rules and regulations
to administer this subsection (12).
    (13)  To  accept  for  payment  at  a  future  date   not
exceeding  one year from the date of acceptance, drafts drawn
upon it by its customers; and to issue,  advise,  or  confirm
letters  of  credit  authorizing  the holders thereof to draw
drafts upon it or its correspondents.
    (14)  To own and lease personal property acquired by  the
bank  at  the  request  of  a prospective lessee and upon the
agreement of that  person  to  lease  the  personal  property
provided  that the lease, the agreement with respect thereto,
and the amount of the investment of the bank in the  property
comply with Section 35.1 of this Act.
    (15) (a)  To  establish  and maintain, in addition to the
    main banking  premises,  branches  offering  any  banking
    services  permitted  at  the  main  banking premises of a
    State bank.
         (b)  To establish and maintain, after May 31,  1997,
    branches  in  another state that may conduct any activity
    in that state that is authorized  or  permitted  for  any
    bank  that  has  a  banking charter issued by that state,
    subject to the same limitations and restrictions that are
    applicable to banks chartered by that state.
    (16)  (Blank).
    (17)  To establish and maintain terminals, as  authorized
by the Electronic Fund Transfer Act.
    (18)  To  establish and maintain temporary service booths
at any  International  Fair  held  in  this  State  which  is
approved by the United States Department of Commerce, for the
duration  of  the  international fair for the sole purpose of
providing a convenient place for foreign trade  customers  at
the  fair  to  exchange  their  home countries' currency into
United States currency or the converse. This power shall  not
be  construed  as  establishing  a  new  place  or  change of
location for the bank providing the service booth.
    (19)  To indemnify its  officers,  directors,  employees,
and agents, as authorized for corporations under Section 8.75
of the Business Corporation Act of 1983.
    (20)  To  own,  possess, and carry as assets stock of, or
be or become a member of, any  corporation,  mutual  company,
association,  trust,  or  other entity formed exclusively for
the purpose of providing directors' and  officers'  liability
and bankers' blanket bond insurance or reinsurance to and for
the  benefit  of the stockholders, members, or beneficiaries,
or their assets or businesses, or their officers,  directors,
employees,  or  agents,  and not to or for the benefit of any
other person or entity or the public generally.
    (21)  To make debt or equity investments in  corporations
or  projects,  whether for profit or not for profit, designed
to promote the development of the community and its  welfare,
provided  that  the  aggregate  investment  in  all  of these
corporations and in all of these projects does not exceed 10%
of the unimpaired capital and unimpaired surplus of the  bank
and   provided  that  this  limitation  shall  not  apply  to
creditworthy loans by  the  bank  to  those  corporations  or
projects.   Upon  written  application to the Commissioner, a
bank may make an investment that would, when aggregated  with
all  other  such  investments,  exceed  10% of the unimpaired
capital and unimpaired surplus of the bank. The  Commissioner
may  approve the investment if he is of the opinion and finds
that the proposed investment will not have a material adverse
effect on the safety and soundness of the bank.
    (22)  To own, possess, and carry as assets the stock of a
corporation engaged in the ownership or operation of a travel
agency or to operate  a  travel  agency  as  a  part  of  its
business, provided that the bank either owned, possessed, and
carried as assets the stock of such a corporation or operated
a travel agency as part of its business before July 1, 1991.
    (23)  With respect to affiliate facilities:
         (a)  to  conduct  at affiliate facilities any of the
    following transactions  for  and  on  behalf  of  another
    commonly  owned bank, if so authorized by the other bank,
    all transactions that the other  bank  is  authorized  or
    permitted  to  perform:  receiving  deposits; cashing and
    issuing checks, drafts, and money orders; changing money;
    and receiving payments on existing indebtedness; and
         (b)  to authorize a commonly owned bank  to  conduct
    for  and  on  behalf  of it any of the transactions it is
    authorized  or  permitted  to  perform  listed  in   this
    paragraph (23) at one or more affiliate facilities.
    Any  bank intending to conduct or to authorize a commonly
owned bank to conduct at an affiliate  facility  any  of  the
transactions  specified  in  this  paragraph  (23) shall give
written notice to the Commissioner at least  30  days  before
any such transaction is conducted at the affiliate facility.
    (24)  To  act  as  the agent for any fire, life, or other
insurance company authorized by the  State  of  Illinois,  by
soliciting  and  selling insurance and collecting premiums on
policies issued by such company; and to receive for  services
so  rendered  such  fees or commissions as may be agreed upon
between the bank and the insurance company for which  it  may
act  as  agent; provided, however, that no such bank shall in
any case assume or guarantee the payment of  any  premium  on
insurance   policies   issued   through  its  agency  by  its
principal; and provided further,  that  the  bank  shall  not
guarantee  the  truth  of any statement made by an assured in
filing his application for insurance.
    (25)  Notwithstanding any other provisions of this Act or
any other law, to offer any product or service that is at the
time  authorized  or  permitted  to   any   insured   savings
association  or out-of-state bank by applicable law, provided
that powers conferred only by this subsection (25):
         (a)  shall always be subject to the same limitations
    and restrictions  that  are  applicable  to  the  insured
    savings  association or out-of-state bank for the product
    or service by such applicable law;
         (b)  shall be subject to  applicable  provisions  of
    the Financial Institutions Insurance Sales Law;
         (c)  shall not include the right to own or conduct a
    real  estate brokerage business for which a license would
    be required under the laws of this State; and
         (d)  shall  not  be   construed   to   include   the
    establishment  or maintenance of a branch, nor shall they
    be construed to limit the establishment or maintenance of
    a branch pursuant to subsection (11).
(Source: P.A.  90-41,  eff.  10-1-97;  90-301,  eff.  8-1-97;
90-655, eff. 7-30-98;  90-665,  eff.  7-30-98;  91-330,  eff.
7-29-99.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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