(205 ILCS 715/1)
Sec. 1. Short title. This
Act may be cited as the Data Processing Services for Financial
Institutions Act.
(Source: P.A. 91-742, eff.
6-2-00.)
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(205 ILCS 715/5)
Sec. 5. Definitions. As
used in this Act, the following terms shall have the following
meanings:
"Corporate fiduciary" has
the meaning ascribed to that term in the Corporate Fiduciary
Act.
"Depository institution" means
a bank, savings and loan association, savings bank, or credit
union chartered under the laws of Illinois or
of the United States.
"Financial institution" means
any depository institution or corporate fiduciary that has
its main office in Illinois and
includes foreign banking corporations that receive certificates
of authority from the Office of Banks and Real Estate under
the Foreign Banking Office Act.
"Independent data processing servicer" means
an entity that provides electronic data processing services to
a financial institution, but does not include an entity to the
extent the entity processes interchange transactions, as defined
in the Electronic Fund Transfer Act.
"Interface agreement" means
a written agreement specifying the terms and conditions under
which an interface of communications, data, or systems between
independent data processing servicers shall
be accomplished.
"Main office" means
the location designated as the main office or principal place
of business in the charter, articles of incorporation, or certificate
of authority of the depository institution or corporate fiduciary.
(Source: P.A. 91-742, eff.
6-2-00.)
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(205 ILCS 715/10)
Sec. 10. Interface between
independent data processing servicers.
(a) Whenever a financial
institution contracts with an independent data processing servicer for
any product or service that requires an interface of communications,
data, or systems with a second independent data processing servicer with which the financial institution has a contractual
relationship, the second independent data processing servicer shall permit the necessary interface to occur
pursuant to an interface agreement. The interface agreement shall
contain commercially reasonable fees and charges and shall provide
for commercially reasonable access to necessary technical data.
(b) An independent data
processing servicer shall exercise
reasonable promptness in negotiating an interface agreement under
the provisions of this Act and shall not exercise undue delay
or otherwise act in bad faith as a means of avoiding the negotiation
or implementation of an interface agreement.
(Source: P.A. 91-742, eff.
6-2-00.)
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(205 ILCS 715/15)
Sec. 15. Arbitration of
disputes. In the case of a dispute between the independent data
processing servicers regarding any terms or conditions of an interface
agreement, or in the event that a dispute regarding proposed
terms and conditions results in the failure of the independent
data processing servicers to enter into an interface agreement as required
by this Act, the parties shall be deemed to have agreed to the
appointment of an arbitrator for a binding resolution of the
dispute consistent with the provisions of the Uniform Arbitration
Act unless the parties agree to some other process for binding
arbitration or unless the aggrieved party seeks court action.
Any decision by the arbitrator in connection with any arbitration
shall be determined only after an opportunity for a hearing.
Anything to the contrary in this Act notwithstanding, any right
of arbitration granted under this Act is subject to the right
of either party to seek court action.
(Source: P.A. 91-742, eff.
6-2-00.)
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(205 ILCS 715/99)
Sec. 99. Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 91-742, eff.
6-2-00.)
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