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92nd General Assembly

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Public Act 92-0573

HB4952 Enrolled                                LRB9214703JSpc

    AN ACT concerning banks.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois  Banking  Act  is  amended  by
changing Sections 32 and 35.1 as follows:

    (205 ILCS 5/32) (from Ch. 17, par. 339)
    Sec.   32.   Basic   loaning   limits.   The  liabilities
outstanding at one time to a state bank of a person for money
borrowed, including the liabilities of a partnership or joint
venture in the liabilities of the  several  members  thereof,
shall  not exceed 25% of the amount of the unimpaired capital
and unimpaired surplus of the bank.
    The liabilities to any state bank of a person may  exceed
25%  of  the unimpaired capital and unimpaired surplus of the
bank, provided that (i) the excess amount from time  to  time
outstanding is fully secured by readily marketable collateral
having   a  market  value,  as  determined  by  reliable  and
continuously available quotations,  at  least  equal  to  the
excess  amount  outstanding;  and  (ii) the total liabilities
shall not exceed 30% of the unimpaired capital and unimpaired
surplus of the bank.
    The following shall not be considered as  money  borrowed
within the meaning of this Section:
         (1)  The  purchase  or discount of bills of exchange
    drawn in good faith against actually existing values.
         (2)  The  purchase  or  discount  of  commercial  or
    business paper actually owned by the  person  negotiating
    the same.
         (3)  The  purchase  of  or loaning money in exchange
    for evidences of indebtedness which shall be  secured  by
    mortgage  or  trust  deed upon productive real estate the
    value of which, as ascertained by the oath of 2 qualified
    appraisers,  neither  of  whom  shall  be   an   officer,
    director, or employee of the bank or of any subsidiary or
    affiliate  of  the  bank,  is  double  the  amount of the
    principal debt  secured  at  the  time  of  the  original
    purchase of evidence of indebtedness or loan of money and
    which  is  still  double the amount of the principal debt
    secured at the time of any renewal of the indebtedness or
    loan, and which mortgage or trust deed is  shown,  either
    by a guaranty policy of a title guaranty company approved
    by  the  Commissioner  or by a registrar's certificate of
    title in any county having adopted the provisions of  the
    Registered  Titles (Torrens) Act, or by the opinion of an
    attorney-at-law, to be a first lien upon the real  estate
    therein described, and real estate shall not be deemed to
    be  encumbered  within the meaning of this subsection (3)
    by reason  of  the  existence  of  instruments  reserving
    rights-of-way, sewer rights and rights in wells, building
    restrictions  or  other  restrictive  covenants,  nor  by
    reason  of  the  fact  it is subject to lease under which
    rents or profits are reserved by the owners.
         (4)  The   purchase   of    marketable    investment
    securities.
         (5)  The  liability  to a state bank of a person who
    is an accommodation party to,  or  guarantor  of  payment
    for,  any  evidence of indebtedness of another person who
    obtains a loan from or  discounts  paper  with  or  sells
    paper  to  the  state  bank; but the total liability to a
    state bank of a  person  as  an  accommodation  party  or
    guarantor  of  payment  in  respect  of such evidences of
    indebtedness shall not exceed 25% 20% of  the  amount  of
    the  unimpaired  capital  and  unimpaired  surplus of the
    bank;  provided  however  that  the   liability   of   an
    accommodation  party to paper excepted under subsection 2
    of this Section shall not be included in the  computation
    of this limitation.
         (6)  The  liability to a state bank of a person, who
    as a guarantor, guarantees collection of  the  obligation
    or indebtedness of another person.
    The  total  liabilities  of  any  one  person,  for money
borrowed, or otherwise, shall not exceed 25% of the  deposits
of  the  bank,  and  those total liabilities shall at no time
exceed 50% of  the  amount  of  the  unimpaired  capital  and
unimpaired  surplus  of the bank. Absent an actual unremedied
breach,  the  obligation  or  responsibility  for  breach  of
warranties or  representations,  express  or  implied,  of  a
person  transferring  negotiable or non-negotiable paper to a
bank without recourse and without guaranty of payment,  shall
not  be  included in determining the amount of liabilities of
the person to the bank for borrowed money or  otherwise;  and
in  the  event  of and to the extent of an unremedied breach,
the amount remaining unpaid for principal and interest on the
paper in respect of which the unremedied breach exists  shall
thereafter  for the purpose of determining whether subsequent
transactions giving  rise  to  additional  liability  of  the
person  to the state bank for borrowed money or otherwise are
within the limitations of Sections 32 through 34 of this Act,
be included in computing the amount  of  liabilities  of  the
person for borrowed money or otherwise.
    The  liability  of a person to a state bank on account of
acceptances made or issued by the state bank on behalf of the
person shall be included in  the  computation  of  the  total
liabilities  of  the  person for money borrowed except to the
extent the  acceptances  grow  out  of  transactions  of  the
character  described  in subsection (6) of Section 34 of this
Act  and  are  otherwise  within  the  limitations  of   that
subsection;  provided  nevertheless  that  any  such excepted
acceptances acquired by the state  bank  which  accepted  the
same  shall be included in the computation of the liabilities
of the person to the state bank for money borrowed.
(Source: P.A. 92-336, eff. 8-10-01.)

    (205 ILCS 5/35.1) (from Ch. 17, par. 344)
    Sec. 35.1. Lease limitations. In exercise  of  the  power
conferred  by  paragraph (14) of Section 5 of this Act to own
and lease personal property, a state bank shall be subject to
the following limitations and  restrictions  in  addition  to
those contained in that paragraph:
    (a)  The  unamortized  investment of the bank in personal
property subject to any lease or series of leases which is or
are the responsibility of a person shall not, when  added  to
any  liability  of such person for money borrowed, exceed 25%
20% of the unimpaired capital and unimpaired surplus  of  the
bank.  The term "unamortized investment" means the total cost
of such property to the bank less so  much  of  the  payments
theretofore  received  by  the bank from the lessee and other
sources,  which  under  generally  accepted   principles   of
accounting are applicable to amortization of the investment.
    (b)  The  amount of unamortized investment of the bank in
personal property subject to a lease or leases which are  the
responsibility of a person shall for the purpose of computing
the total permitted amount of liability of such person to the
bank for money borrowed or otherwise under Section 32 of this
Act be treated as the liability of such person.
    (c)  No  such  lease  or related agreement shall obligate
the  bank  to  maintain,  repair  or  service  the   personal
property,  or unconditionally obligate the bank to restore or
replace the same, or in effect unconditionally place  on  the
bank  the  risk  of  such  restoration or replacement, in the
event of loss, theft or destruction  of  or  damage  to  such
property from any cause other than a wilful act of the bank.
    The  limitations and restrictions set forth in paragraphs
(a), (b) and (c) above shall apply and be complied with  even
though  such owning and leasing is carried on by the bank, in
whole or in part, through  the  medium  of  a  subsidiary  as
permitted by paragraph (12) of Section 5 of this Act.
    In  the  event  a  state  bank  acquires  by  purchase or
discount  a  lease,  or  the  sums  due  and  to  become  due
thereunder, of personal property made by a lessor other  than
the  bank or such a subsidiary, paragraph (b) of this Section
35.1 shall also apply to the obligation of the  lessee  under
such lease.
(Source: P.A. 88-546.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly April 25, 2002.
    Approved June 26, 2002.
    Effective June 26, 2002.

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