(205 ILCS 705/1)
Sec. 1. Short title. This
Act may be cited as the Financial Institutions Electronic Documents
and Digital Signature Act.
(Source: P.A. 94-458, eff.
8-4-05.)
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(205 ILCS 705/5)
Sec. 5. Definitions. As
used in this Act:
"Digital signature" means
an encrypted electronic identifier, created by computer, intended
by the party using it to have the same force and effect as the
use of a manual signature.
"Financial institution" means
a bank, a savings and loan association, a savings bank, or a
credit union.
"Substitute check" means
a paper reproduction of an original check, as defined in the
Check Clearing for the 21st Century Act (12 U.S.C. 5001, et seq.),
as amended from time to time, and the rules promulgated thereunder.
(Source: P.A. 94-458, eff.
8-4-05.)
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(205 ILCS 705/10)
Sec. 10. Electronic documents;
digital signatures.
(a) If in the regular course
of business, a financial institution possesses, records, or generates
any document, representation, image, substitute check, reproduction,
or combination thereof, of any agreement, transaction, act, occurrence,
or event by any electronic or computer-generated process
that accurately reproduces, comprises, or records the agreement,
transaction, act, occurrence, or event, the recording, comprising,
or reproduction shall have the same force and effect under the
laws of this State as one comprised, recorded, or created on
paper or other tangible form by writing, typing, printing, or
similar means.
(b) In any communication,
acknowledgement, agreement, or contract between a financial institution
and its customer, in which a signature is required or used, any
party to the communication, acknowledgement, agreement, or contract
may affix a signature by use of a digital signature, and the
digital signature, when lawfully used by the person whose signature
it purports to be, shall have the same force and effect as the
use of a manual signature if it is unique to the person using
it, is capable of verification, is under the sole control of
the person using it, and is linked to data in such a manner that
if the data are changed, the digital signature is invalidated.
Nothing in this Section shall require any financial institution
or customer to use or permit the use of a digital signature.
(Source: P.A. 94-458, eff.
8-4-05.)
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(205 ILCS 705/15)
Sec. 15. Civil remedy. A
cause of action, including attorneys fees
and costs, shall lie in favor of any person for the unauthorized
use of his or her digital signature.
(Source: P.A. 90-575, eff.
3-20-98.)
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(205 ILCS 705/80)
Sec. 80. (Amendatory provisions;
text omitted).
(Source: P.A. 90-575, eff.
3-20-98; text omitted.)
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(205 ILCS 705/82)
Sec. 82. (Amendatory provisions;
text omitted).
(Source: P.A. 90-575, eff.
3-20-98; text omitted.)
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(205 ILCS 705/84)
Sec. 84. (Amendatory provisions;
text omitted).
(Source: P.A. 90-575, eff.
3-20-98; text omitted.)
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(205 ILCS 705/86)
Sec. 86. (Amendatory provisions;
text omitted).
(Source: P.A. 90-575, eff.
3-20-98; text omitted.)
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(205 ILCS 705/88)
Sec. 88. (Amendatory provisions;
text omitted).
(Source: P.A. 90-575, eff.
3-20-98; text omitted.)
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(205 ILCS 705/90)
Sec. 90. (Amendatory provisions;
text omitted).
(Source: P.A. 90-575, eff.
3-20-98; text omitted.)
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(205 ILCS 705/92)
Sec. 92. (Amendatory provisions;
text omitted).
(Source: P.A. 90-575, eff.
3-20-98; text omitted.)
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(205 ILCS 705/99)
Sec. 99. Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 90-575, eff.
3-20-98.)
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