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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.


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625 ILCS 5/3-902

    (625 ILCS 5/3-902) (from Ch. 95 1/2, par. 3-902)
    Sec. 3-902. Application of Article. This Article shall not apply to any person who, in connection with the issuance of a license to him to conduct a business in this State other than a remitter's license, shall have filed, pursuant to a statutory requirement, a surety bond covering the proper discharge of any liability incurred by him in connection with the acceptance for remittance of money for the purposes designated in the Article pursuant to which he or she is licensed.
(Source: P.A. 97-832, eff. 7-20-12; 98-463, eff. 8-16-13.)

625 ILCS 5/3-903

    (625 ILCS 5/3-903) (from Ch. 95 1/2, par. 3-903)
    Sec. 3-903. License. It shall be unlawful for any person to act as a "remittance agent" in the State of Illinois without first having obtained or renewed a license and posted a bond, as hereafter provided.
(Source: P.A. 97-832, eff. 7-20-12.)

625 ILCS 5/3-904

    (625 ILCS 5/3-904) (from Ch. 95 1/2, par. 3-904)
    (Text of Section before amendment by P.A. 101-505)
    Sec. 3-904. Application - Contents - Affidavits. Any person who desires to act as a "remittance agent" shall first file with the Secretary of State a written application for a license. The application shall be under oath and shall contain the following:
        1. The name and address of the applicant.
        2. The address of each location at which the
    
applicant intends to act as a remittance agent.
        3. The applicant's business, occupation or
    
profession.
        4. A statement disclosing whether he has been
    
involved in any civil or criminal litigation and if so, the material facts pertaining thereto.
        5. A statement that the applicant has not committed
    
in the past 3 years any violation as determined in any civil, criminal, or administrative proceedings under the Retailers' Occupation Tax Act or under Article I or VII of Chapter 3 of this Code.
        6. Any other information concerning the business of
    
the applicant that the Secretary of State may prescribe.
    The application shall be accompanied by the affidavits of two persons residing in the city or town of such applicant's residence. Such affiants shall state that they have known the applicant for a period of at least two years; that the applicant is of good moral character and that his reputation for honesty and business integrity in the community in which he resides is good. If the applicant is not an individual, the requirements of this paragraph shall apply to each of its officers or members.
(Source: P.A. 97-832, eff. 7-20-12.)
 
    (Text of Section after amendment by P.A. 101-505)
    Sec. 3-904. Application; contents; affidavits; prelicense education certification.
    (a) Any person who desires to act as a "remittance agent" shall first file with the Secretary of State a written application for a license. The application shall be under oath and shall contain the following:
        1. The name and address of the applicant.
        2. The address of each location at which the
    
applicant intends to act as a remittance agent.
        3. The applicant's business, occupation or
    
profession.
        4. A statement disclosing whether he has been
    
involved in any civil or criminal litigation and if so, the material facts pertaining thereto.
        5. A statement that the applicant has not committed
    
in the past 3 years any violation as determined in any civil, criminal, or administrative proceedings under the Retailers' Occupation Tax Act or under Article I or VII of Chapter 3 of this Code.
        6. Any other information concerning the business of
    
the applicant that the Secretary of State may prescribe.
    (b) The application under subsection (a) shall be accompanied by the affidavits of two persons residing in the city or town of such applicant's residence. Such affiants shall state that they have known the applicant for a period of at least two years; that the applicant is of good moral character and that his reputation for honesty and business integrity in the community in which he resides is good. If the applicant is not an individual, the requirements of this paragraph shall apply to each of its officers or members.
    (c) The application under subsection (a) shall be accompanied by a copy of the certification from the prelicensing education program required by Section 3-904.5.
(Source: P.A. 101-505, eff. 1-1-20.)

625 ILCS 5/3-904.2

    (625 ILCS 5/3-904.2)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 3-904.2. Remittance agent background check. Each applicant for a remittance license shall have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police. These fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed, including, but not limited to, civil, criminal, and latent fingerprint databases. The Department of State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The Department of State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Secretary of State.
(Source: P.A. 101-505, eff. 1-1-20.)

625 ILCS 5/3-904.5

    (625 ILCS 5/3-904.5)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 3-904.5. Remittance agent prelicensing education program courses.
    (a) An applicant for a license as a remittance agent shall complete a minimum of 8 hours of prelicensing education program courses under this Section prior to submitting an application to the Secretary of State.
    (b) To meet the requirements of this Section, at least one person who is associated with the remittance agent as an owner, principal, corporate officer, director, or member or partner of a limited liability company or limited liability partnership shall complete the education program courses.
    (c) The prelicensing education program courses shall be provided by public or private entities with an expertise in the area as approved by the Secretary of State. The Secretary of State must approve course curricula and instruction, in consultation with the Department of Transportation and any private entity with expertise in the area in the Secretary's discretion.
    (d) Each person who successfully completes an approved prelicensing education program under this Section shall be issued a certificate by the education program provider. The current certificate of completion, or a copy of the current certificate, shall be posted conspicuously in the principal office of the licensee.
    (e) The provisions of this Section apply to all remittance agents including, but not limited to, persons, corporations, and partnerships, except for the following:
        (1) motor vehicle rental companies having a national
    
franchise;
        (2) national motor vehicle auction companies;
        (3) wholesale dealer-only auction companies;
        (4) used vehicle dealerships owned by a franchise
    
motor vehicle dealer; and
        (5) banks, credit unions, and savings and loan
    
associations.
(Source: P.A. 101-505, eff. 1-1-20.)

625 ILCS 5/3-905

    (625 ILCS 5/3-905) (from Ch. 95 1/2, par. 3-905)
    Sec. 3-905. Bond; fee; duration of license. Such applicant shall, with his application, deposit with the Secretary of State a bond as hereinafter provided, for each location at which the applicant intends to act as a remittance agent. The application shall be accompanied by the payment of a license fee in the sum of $50.00 (or $25.00 if such application is filed after July 1) for each location at which he proposes to act as a remittance agent. If the applicant shall have complied with all of the requirements of this Section and the Secretary of State shall find after investigation that the applicant is financially sound and of good business integrity, he shall issue the required license. Such license shall terminate on December 31 of the year for which it is issued, but upon application prior to November 15 of any year for which a license is in effect may be renewed for the next succeeding calendar year. Such application shall be accompanied by the payment of an annual license fee of $50.00 for each location at which the applicant proposes to act as a remittance agent and the posting of the bond herein provided, for each such location.
    The bond required by this Section shall be for the term of the license, or renewal thereof, for which application is made, and shall run to the People of the State of Illinois, with surety by a bonding or insurance company authorized to do business in this State, to be approved by the Secretary of State. It shall be conditioned upon the proper transmittal of all remittances by the applicant as a remittance agent and the performance of all undertakings in connection therewith. It shall be in the minimum sum of $20,000, or in an amount equal to the aggregate sum of money transmitted to the State by the applicant during the highest 15 day period in the fiscal year immediately preceding the one for which application is made (rounded to the nearest $1,000), whichever is the greater. However, for the purpose of determining the bond requirements hereunder, remittances made by applicants in the form of money orders, checks, or electronic payments which are made payable directly to the Secretary of State or the Illinois Department of Revenue by the remitter, shall not be considered in the aggregate. The bond requirement of this Section shall not apply to banks, savings and loan associations, and credit unions chartered by the State of Illinois or the United States; provided that the banks, savings and loan associations, and credit unions provide to the Secretary of State an affidavit stating that the bank, savings and loan association, or credit union is sufficiently bonded to meet the requirements as required above. Such affidavit shall be signed by an officer of the bank, savings and loan association, or credit union and shall be notarized.
(Source: P.A. 99-324, eff. 1-1-16; 100-450, eff. 1-1-18.)

625 ILCS 5/3-906

    (625 ILCS 5/3-906) (from Ch. 95 1/2, par. 3-906)
    Sec. 3-906. Denial.
    The Secretary of State shall deny any application under this Article upon any of the following grounds:
        (1) That the application contains any false or
    
fraudulent statement; or
        (2) That the applicant has failed to furnish the
    
information required by the Secretary or to file a bond as required; or
        (3) That the required fee has not been paid; or
        (4) That the applicant has failed to remit fees to
    
the Secretary of State or the Department of Revenue; or
        (5) That the applicant has engaged in fraudulent
    
practices; or
        (6) That the applicant or a member of his immediate
    
family is an employee of the Secretary of State; or
        (7) That the Secretary of State is authorized under
    
any other provision of law.
    If the Secretary of State denies the application for a license, or renewal thereof, he shall so order in writing and notify the applicant thereof by certified mail. Upon the denial of an application for a license, or renewal thereof, he shall return the license fee. An applicant may contest the denial of an application for a license or renewal thereof by requesting an administrative hearing pursuant to Section 2-118 of this Code.
(Source: P.A. 97-832, eff. 7-20-12.)

625 ILCS 5/3-907

    (625 ILCS 5/3-907) (from Ch. 95 1/2, par. 3-907)
    Sec. 3-907. Suspension or revocation. Such license may be suspended or revoked by the Secretary of State for the violation of any provision of this Act or any rule or regulation of the Secretary of State and for any reason which, had it existed or been known to the Secretary of State at the time of the filing of the application for such license, would have been good cause for the denial of such application. The Secretary of State shall order such license suspended or revoked in writing and shall notify the licensee of the order by certified mail. A licensee may, upon receipt of an order of suspension or revocation seek a hearing to review such order pursuant to Section 2-118 of this Code.
(Source: P.A. 97-832, eff. 7-20-12.)

625 ILCS 5/3-908

    (625 ILCS 5/3-908) (from Ch. 95 1/2, par. 3-908)
    Sec. 3-908. Location.
    A licensee may not do business at a location not set forth in his license, but the Secretary of State may issue an amended license covering an additional location or locations, upon application therefor, the payment of an additional license fee and the posting of the required bond for each such location.
(Source: P.A. 76-1705.)