(205 ILCS 700/1)
Sec. 1. Short title. This
Act may be cited as the Adverse Claims to Deposit Accounts Act.
(Source: P.A. 89-601, eff.
8-2-96.)
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(205 ILCS 700/5)
Sec. 5. Definitions. As
used in this Act, the following words have the meaning ascribed
to them in this Section.
"Financial institution" means
a "State bank", "national bank", "trust
company", or "insured savings association", as
those terms are defined in Section 2
of the Illinois Banking Act.
"Deposit account" includes
without limitation any demand deposit account, checking account,
negotiable order of withdrawal account, money market account,
savings account, share account, member account, stock deposit
account, certificate of deposit, time deposit, open account,
or other credit of a depositor with a financial institution and
property held in safe-deposit whether by the financial
institution or in a safe-deposit box or other leased receptacle.
"Depositor" means
a person who, by agreement with a financial institution, has
the right to issue orders or instructions concerning a deposit
account.
"Person" includes
without limitation an individual, a public or private corporation,
a government, a partnership, an unincorporated association, and
any other legal entity.
(Source: P.A. 89-601, eff.
8-2-96.)
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(205 ILCS 700/10)
Sec. 10. Application of
Act. This Act shall not preempt:
(1) the Uniform Disposition
of Unclaimed Property Act, nor shall any provision of this Act
be construed to relieve any holder, including a financial institution,
from reporting and remitting all unclaimed property, including
deposit accounts, under the Uniform Disposition of Unclaimed
Property Act;
(2) the Uniform Commercial
Code, nor shall any provision of this Act be construed as affecting
the rights of a person with respect to a deposit account under
the Uniform Commercial Code;
(3) the provisions of Section
2-1402 of the Code of Civil Procedure, nor shall any provision
of this Act be construed as affecting the rights of a person
with respect to a deposit account under Section 2-1402
of the Code of Civil Procedure;
(4) the provisions of Part
7 of Article II of the Code of Civil Procedure, nor shall any
provision of this Act be construed as affecting the rights of
a person with respect to a deposit account under the provisions
of Part 7 of Article II of the Code of Civil Procedure;
(5) the provisions of Article
XXV of the Probate Act of 1975, nor shall any provision of this
Act be construed as affecting the rights of a person with respect
to a deposit account under the provisions of Article XXV of the
Probate Act of 1975; or
(6) the Safety Deposit Box
Opening Act, nor shall any provision of this Act be construed
as affecting the rights of a person with respect to a deposit
account under the Safety Deposit Box Opening Act.
(Source: P.A. 89-601, eff.
8-2-96.)
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(205 ILCS 700/15)
Sec. 15. Recognition of
claims. In the absence of a court order or indemnity bond as
required by this Act, a financial institution shall not be required
to recognize any claim to, or any claim of authority to, exercise
control over a deposit account held by the financial institution
made by a person other than the depositor.
(Source: P.A. 89-601, eff.
8-2-96.)
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(205 ILCS 700/20)
Sec. 20. Requirement of
court order or indemnity bond.
(a) A financial institution
shall recognize an adverse claim to, or an adverse claim of authority
to control, a deposit account if the person making the claim
obtains and serves upon the financial institution a certified
copy of an appropriate order, by a court having jurisdiction,
restraining any action with respect to the deposit account or
instructing the financial institution to pay the balance of the
deposit account or to deliver the property in the deposit account,
in whole or in part, as provided in the order, until further
order of the court.
(b) A financial institution
may, in its sole discretion, recognize an adverse claim to, or
adverse claim of authority to control, a deposit account if the
person making the claim delivers to the financial institution
a bond, in a form and amount and with sureties satisfactory to
the financial institution, indemnifying the financial institution
against any liability, loss, or expense that the financial institution
might incur because of its recognition of the adverse claim or
because of its refusal by reason of the claim to honor any check
or order of, or to deliver any property to, the depositor.
(Source: P.A. 89-601, eff.
8-2-96; 90-163, eff.
7-23-97.)
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(205 ILCS 700/25)
Sec. 25. Other rights. This
Act shall not displace or otherwise preclude any other rights
or remedies, whether at law or in equity, available to a financial
institution.
(Source: P.A. 89-601, eff.
8-2-96.)
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(205 ILCS 700/85)
Sec. 85. (Amendatory provisions;
text omitted).
(Source: P.A. 89-601, eff.
8-2-96; text omitted.)
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(205 ILCS 700/90)
Sec. 90. (Amendatory provisions;
text omitted).
(Source: P.A. 89-601, eff.
8-2-96; text omitted.)
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(205 ILCS 700/99)
Sec. 99. Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 89-601, eff.
8-2-96.)
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