(205 ILCS 605/0.01) (from Ch. 17, par. 500)
Sec. 0.01. Short title.
This Act may be cited as the Consumer Deposit Account Act.
(Source: P.A. 86-1324.)
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(205 ILCS 605/1) (from Ch. 17, par. 501)
Sec. 1. Definitions. For
the purposes of this Act:
"Consumer-deposit
account" means a demand or other similar deposit account,
such as a checking, negotiable order of withdrawal, money market,
savings deposit, share, or member account established and maintained
by a natural person with a financial institution and operated
primarily for personal, family, or household purposes.
"Financial institution" means
any bank subject to the Illinois Banking Act, including a branch
of an out-of-state bank as defined in Section 2 of
the Illinois Banking Act, any savings bank subject to the Savings
Bank Act, any savings and loan association subject to the Illinois
Savings and Loan Act of 1985, and any federally chartered commercial
bank, savings bank, or savings and loan association organized
and operated in this State under the laws of the United States.
"Check" means
a writing that complies with the requirements of Section 3-104
of the Uniform Commercial Code.
(Source: P.A. 89-208, eff.
9-29-95.)
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(205 ILCS 605/2) (from Ch. 17, par. 502)
Sec. 2. Identification and
numbering of consumer -deposit account. All financial institutions
that provide checks, drafts, or similar orders of withdrawal,
which are drawn against funds held by those financial institutions
in a consumer-deposit account opened subsequent to January
1, 1982, shall cause the month and year in which the account
was opened to be displayed clearly on the face of each check,
draft, or order. For all consumer-deposit accounts opened
after January 1, 1982, all new checks, drafts, or orders drawn
on financial institution accounts shall clearly display on the
face of each check, draft, or order a number, commencing with
number 101, with each check, draft, or similar order thereafter
provided to be numbered consecutively; except that when a consumer-deposit
account at any financial institution in Illinois has been voluntarily
closed by the customer, the number displayed on the checks, drafts,
or orders for a new consumer-deposit account opened within
30 days thereafter, titled in the same manner as, and with same
owners as the closed account may commence with a number that
is not greater than the next consecutive number higher than the
highest consecutive number displayed on a check, draft, or order
processed through the closed account. This Section shall not
apply to temporary checks, drafts, or orders of withdrawal provided
by financial institutions upon the opening of a consumer deposit
account.
No liability or penalty
shall be imposed on any financial institution or printer for
an unintentional failure to comply with this Act.
(Source: P.A. 87-1143.)
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(205 ILCS 605/3) (from Ch. 17, par. 503)
Sec. 3. Disclosure statements.
(a) Every financial institution
shall provide a disclosure statement for each consumer-deposit
account offered by the institution containing the following information:
(1)
a description of the consumer-deposit account;
(2)
the conditions, if any, on which the
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consumer-deposit account is
offered;
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(3)
the terms of interest offered for the
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consumer-deposit account; and
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(4)
all fees charged for the consumer-deposit
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The disclosure
statement specified in this subsection may include
a separate fee schedule or interest rate table.
(b) Every financial institution
shall provide the disclosure statement specified in subsection
(a) to each depositor at the time of the initial deposit into a
consumer-deposit account with respect to the type of account,
and not less than once during each calendar year to every consumer-deposit
account holder with respect to each type of consumer-deposit
account held.
(c) Every financial institution
shall provide the disclosure statement specified in subsection
(a) to any person requesting the statement with respect to an identified
type of consumer-deposit account.
(d) The statements provided
pursuant to subsections (b) and (c) shall be accompanied by a brief
description of all other available consumer-deposit accounts
offered by the institution and a statement that more detailed information
is available on request.
(e) Notwithstanding the
provisions of this Section, a financial institution subject to
and in compliance with the provisions of Sections 261 through 274
of the Truth in Savings Act, as contained within the Federal Comprehensive
Deposit Insurance Corporation Improvement Act of 1991 (FDICIA),
12 USCA 4301 et seq., shall be deemed to be in compliance with
this Section, including the requirement of subsection (b) that
the disclosure be provided to account holders annually.
(Source: P.A. 87-1098; 88-236.)
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(205 ILCS 605/3.5)
Sec. 3.5. Notification to
consumer of invalidated routing number. At least 30 days before
a financial institution invalidates a routing number on a consumer
deposit account, whether as a result of a merger, purchase and
acquisition, or other transaction, the institution shall send
a notice to each affected consumer deposit account holder advising
the holder of the invalidation and the effect it will have on
the account. The notice shall include, but shall not be limited
to, the following information: the date on which the routing
number will no longer be effective; procedures necessary to ensure
that electronic funds transfers, including direct deposits, are
processed correctly; and information on ordering new checks,
debit cards, and similar items.
(Source: P.A. 92-811, eff.
8-21-02.)
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(205 ILCS 605/4) (from Ch. 17, par. 504)
Sec. 4. (a) Every financial
institution shall offer a Basic Checking Account to any natural
person 65 years of age or older who requests such an account.
(b) A Basic Checking Account
shall be established by either (1) a minimum initial deposit
of $100, or (2) a written agreement with the account holder requiring
direct deposits with the financial institution by a third party
of recurring payments due to the account holder on at least a
monthly basis. Except as provided in subsection (d) of this Section,
no other minimum balance or minimum deposit requirement may be
imposed on a Basic Checking Account.
(c) No activity charge may
be imposed for the first 10 checks drawn on a Basic Checking
Account in any calendar month, provided that a financial institution
may charge its customary fee for a stop payment order or any
transaction resulting in a check returned due to insufficient
funds.
(d) A financial institution
may offer any person 65 years of age or older a consumer-deposit
account with terms that are more favorable to such person than
the terms required under this Section and may designate such
an account as a Basic Checking Account.
(Source: P.A. 84-1036.)
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(205 ILCS 605/5) (from Ch. 17, par. 505)
Sec. 5. (Repealed).
(Source: P.A. 86-1213. Repealed by 89-364, eff.
8-18-95.)
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