(20 ILCS 1205/1) (from Ch. 17, par. 101)
Sec. 1.
This Act shall be known and shall be cited as the "Financial Institutions Code."
(Source: Laws 1957, p. 369.)
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(20 ILCS 1205/2) (from Ch. 17, par. 102)
Sec. 2.
The purpose of the Financial Institutions Code is to provide under
the Governor for the orderly administration and enforcement of laws relating to
financial institutions.
(Source: Laws 1957, p. 369.)
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(20 ILCS 1205/4) (from Ch. 17, par. 104)
Sec. 4. As used in this Act:
"Department" means the Department of Financial and Professional Regulation.
"Director" means the Director of the Division of Financial Institutions and any authorized representative of the Director.
"Division" means the Division of Financial Institutions of the Department.
"Financial institutions" means ambulatory and community currency
exchanges, credit unions, guaranteed credit unions, money transmitters, title insuring or guaranteeing
companies, consumer installment lenders, payday lenders, sales finance agencies, and any other industry or business that offers services or products that are regulated under any Act administered by the Director.
"License" means any certificate or authorization issued to any person, party, or entity pursuant to any Act administered by the Division. "Licensee" means any person, party, or entity who is or comes to be certified, chartered, registered, licensed, or otherwise authorized by the Division pursuant to any Act administered by the Division. "Payday loan" has the meaning ascribed to that
term in the Payday Loan Reform Act.
"Person" means any individual, partnership, joint venture, trust, estate, firm, corporation, cooperative society or association, or any other form of business association or legal entity. "Secretary" means the Secretary of Financial and Professional Regulation and any authorized representative of the Secretary. (Source: P.A. 102-975, eff. 1-1-23.)
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(20 ILCS 1205/6) (from Ch. 17, par. 106)
(Text of Section from P.A. 102-813)
Sec. 6. In addition to the duties imposed elsewhere in this Act, the
Department has the following powers:
(1) To exercise the rights, powers and duties vested | ||
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(2) To exercise the rights, powers and duties vested | ||
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(3) To exercise the rights, powers, and duties vested | ||
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(4) To exercise the rights, powers, and duties vested | ||
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(5) To exercise the rights, powers and duties vested | ||
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(6) To administer and enforce the Safety Deposit | ||
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(7) Whenever the Department is authorized or required | ||
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(8) To administer the Payday Loan Reform Act, the | ||
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(Source: P.A. 101-658, eff. 3-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(Text of Section from P.A. 102-975)
Sec. 6. General powers and duties. In addition to the powers and duties provided by law and imposed elsewhere in this Act, the Division
has the following powers and duties:
(1) To administer and enforce the Consumer | ||
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(2) To administer and enforce the Currency Exchange | ||
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(3) To administer and enforce the Debt Management | ||
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(4) To administer and enforce the Debt Settlement | ||
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(5) To administer and enforce the Illinois | ||
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(6) To administer and enforce the Payday Loan Reform | ||
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(7) To administer and enforce the Safety Deposit | ||
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(8) To administer and enforce the Sales Finance | ||
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(9) To administer and enforce the Title Insurance | ||
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(10) To administer and enforce the Transmitters of | ||
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(11) To administer and enforce the Predatory Loan | ||
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(12) To administer and enforce the Motor Vehicle | ||
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(13) To administer and enforce the Retail | ||
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(14) To administer and enforce the Illinois Credit | ||
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(15) To administer and enforce the Collection | ||
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(16) To administer and enforce any other Act | ||
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(17) If the Division is authorized or required by | ||
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(18) To authorize and administer examinations to | ||
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(19) To conduct hearings in proceedings to revoke, | ||
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(Source: P.A. 101-658, eff. 3-23-21; 102-538, eff. 8-20-21; 102-975, eff. 1-1-23.)
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(20 ILCS 1205/6a) (from Ch. 17, par. 107)
Sec. 6a.
The Director may, in accordance with The Illinois Administrative
Procedure Act, adopt reasonable rules with respect to the administration
and enforcement of any Act the administration of which is vested in the
Director or the Department.
(Source: P.A. 81-205.)
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(20 ILCS 1205/7) (from Ch. 17, par. 108)
Sec. 7.
The provisions of "The Illinois Administrative Procedure
Act", as now or hereafter amended, are hereby expressly adopted and
incorporated herein as though a part of this Act, and shall apply to all
administrative rules and procedures of the Director and the Department
of Financial Institutions under this Act, except that the provisions of
the Administrative Procedure Act regarding contested cases shall not
apply to actions of the Director under Section 15.1 of "An Act in
relation to the definition, licensing and regulation of community
currency exchanges and ambulatory currency exchanges, and the operators
and employees thereof, and to make an appropriation therefor, and to
provide penalties and remedies for the violation thereof", approved June
30, 1943, as amended, or Sections 8 and 61 of "The Illinois
Credit Union Act".
(Source: P.A. 100-22, eff. 1-1-18.)
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(20 ILCS 1205/8) (from Ch. 17, par. 109)
Sec. 8.
The Director shall direct and supervise all Department
administrative and technical activities, in addition to the duties imposed
upon him elsewhere in this Code, and shall:
(1) Apply and carry out this Code and the laws and all rules adopted in
pursuance thereof.
(2) Appoint, subject to the provisions of the Personnel Code, such
employees of the Department and such experts and special assistants as may
be necessary to carry out effectively the provisions of this Code.
(3) Foster and develop programs with financial institutions, for the
best interests of these institutions, their services and the people of the
State of Illinois.
(4) Attend meetings of the Advisory Boards created by laws relating to
financial institutions.
(5) Make continuous studies and report his recommendations to the
Governor for the improvement of the Department.
(6) Make an annual report regarding the work of the Department and such
special reports as he may consider desirable to the Governor, or as the
Governor may request.
(7) Perform any other lawful acts which he may consider necessary or
desirable to carry out the purposes and provisions of this Law.
(Source: Laws 1957, p. 369.)
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(20 ILCS 1205/9) (from Ch. 17, par. 110)
Sec. 9.
On and after the effective dates as set forth in Section 19 of this
Act of the transfers herein provided for to the Department of Financial
Institutions of the rights, powers and duties of the Auditor of Public
Accounts, or, as the case may be, of the Department of Insurance, the
provisions of Sections 10 to 15 each inclusive, shall apply.
(Source: Laws 1957, p. 369.)
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(20 ILCS 1205/10) (from Ch. 17, par. 111)
Sec. 10.
The rights, powers and duties of the Auditor of Public Accounts
or, as the case may be, of the Department of Insurance under the laws
referred to in Section 6 of this Act shall be exercised by the Department
of Financial Institutions, and not otherwise, and every act done by the
Department of Financial Institutions in the exercise of such rights, powers
and duties shall have the same legal effect as if done by the Auditor of
Public Accounts or, as the case may be, by the Department of Insurance.
(Source: Laws 1965, p. 2125.)
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(20 ILCS 1205/11) (from Ch. 17, par. 112)
Sec. 11.
Every person shall be subject to the same obligations and duties
and shall have the same rights arising from the exercise of such rights,
powers and duties as if such rights, powers and duties were exercised by
the Auditor of Public Accounts, or, as the case may be, by the Department
of Insurance under the laws referred to in Sections 6 and 7 of this Act.
Every person shall be subject to the same penalty or penalties, civil or
criminal, for failure to perform any such obligation or duty, or for doing
a prohibited act, as if such obligation or duty arose from, or such act
were prohibited in, the exercise of such rights, powers or duties by the
Auditor of Public Accounts or, as the case may be, by the Department of
Insurance under the laws referred to in Sections 6 and 7 of this Act.
(Source: Laws 1957, p. 369.)
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(20 ILCS 1205/12) (from Ch. 17, par. 113)
Sec. 12.
Every officer and employee shall for any offense be subject to the
same penalty or penalties, civil or criminal, as are prescribed by existing
law for the same offense by any officer or employee whose powers or duties
devolve upon him under this Act.
(Source: Laws 1957, p. 369.)
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(20 ILCS 1205/13) (from Ch. 17, par. 114)
Sec. 13.
All books, records, files, correspondence, documents or other
papers and pending business or matters in any way pertaining to the rights,
powers and duties of the Auditor of Public Accounts or, as the case may be,
Department of Insurance, transferred to the Department of Financial
Institutions by this Act shall be delivered and transferred to the
Department of Financial Institutions.
(Source: Laws 1957, p. 369.)
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(20 ILCS 1205/13.5) Sec. 13.5. Spanish version of Department's website; predatory lending. The Department shall create a version of its website that is in Spanish for pages that contain information about predatory lending.
(Source: P.A. 96-1166, eff. 1-1-11.) |
(20 ILCS 1205/14) (from Ch. 17, par. 115)
Sec. 14.
Whenever reports or notices are now required to be made or given,
or papers or documents furnished or served by any person to or upon the
Auditor of Public Accounts, or, as the case may be, Department of
Insurance, under any law referred to in Sections 6 and 7 of this Act, the
same shall be made, given, furnished or served to or upon the Department of
Financial Institutions, and each penalty for failure so to do shall
continue in effect.
(Source: Laws 1957, p. 369.)
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(20 ILCS 1205/15) (from Ch. 17, par. 116)
Sec. 15.
This Act shall not affect any act done, ratified or confirmed or
any right accrued or established, or affect or abate any action or
proceeding had or commenced in a civil or criminal cause before this Act
takes effect; but such actions or proceedings may be prosecuted and
continued by the Department of Financial Institutions.
(Source: Laws 1957, p. 369.)
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(20 ILCS 1205/16) (from Ch. 17, par. 117)
Sec. 16.
There shall be a Supervisor of Consumer Credit, a Supervisor of Currency Exchanges, a Supervisor of Title Insurance,
and a Supervisor of Credit Unions. The respective Supervisors shall be appointed by and
responsible to the Director and shall be administratively responsible
within the Department for the financial institutions and title insurance entities to which their
appointments pertain.
(Source: P.A. 99-549, eff. 7-15-16.)
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(20 ILCS 1205/17) (from Ch. 17, par. 118)
Sec. 17.
Neither the Director, nor any supervisor, nor any examiner shall
be an officer, director, owner, or shareholder of, or a partner in, or have
any proprietary interest, direct or indirect, in any financial institution;
provided, however, that ownership of withdrawable capital accounts or
shares
in credit unions shall not be deemed to be prevented hereby. If the
Director or any supervisor, or examiner, shall be a shareholder, or partner
in or an owner of or have any interest, direct or indirect, in any such
financial institution at the time of his appointment, he shall dispose of
his shares of stock or other evidences of ownership or property within 120
days from the date of his appointment. It is unlawful for the Director, any
supervisor or examiner to obtain any loan or gratuity from a financial
institution subject to the jurisdiction of the Department as herein
provided. If any other employee of the Department borrows from or becomes
indebted in an aggregate amount of $2,500 or more to any financial
institution subject to the jurisdiction of the Department, he shall make a
written report to the Director stating the date and amount of such loan or
indebtedness, the security therefor, if any, and the purpose or purposes
for which proceeds have been or are to be used.
(Source: P.A. 91-357, eff. 7-29-99.)
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(20 ILCS 1205/18) (from Ch. 17, par. 119)
Sec. 18.
The Director shall have the power to administer oaths, subpoena
witnesses and compel the production of books and papers pertinent to any
investigation or hearing regarding the operation of any financial
institution. Any person who fails to appear in response to a subpoena or to
answer any question or produce any books and papers pertinent to such
investigation or hearing, or who knowingly gives false testimony therein,
is guilty of a Class A misdemeanor. Each violation shall constitute a
separate and distinct offense.
(Source: P.A. 77-2594.)
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(20 ILCS 1205/18.1)
Sec. 18.1. Transfer of administration of Uniform Disposition of Unclaimed
Property Act to State Treasurer. The rights, powers, duties, and functions
vested in the Department of Financial Institutions to administer the Uniform
Disposition of Unclaimed Property Act (superseded by the Revised Uniform Unclaimed Property Act) are transferred to the State Treasurer on
July 1, 1999 in accordance with Sections 0.02 through 0.06 of the State
Treasurer Act; provided, however, that the rights, powers, duties, and
functions involving the examination of the records of any person that the State
Treasurer has reason to believe has failed to report properly under this Act
shall be transferred to the Office of Banks and Real Estate if the person is
regulated by the Office of Banks and Real Estate under the Illinois Banking
Act, the Corporate Fiduciary Act, the Foreign Banking Office Act, the Illinois
Savings and Loan Act of 1985, or the Savings Bank Act and shall be retained by
the Department of Financial Institutions if the person is doing business in the
State under the supervision of the Department of Financial Institutions, the
National Credit Union Administration, the Office of Thrift Supervision, or the
Comptroller of the Currency.
(Source: P.A. 100-22, eff. 1-1-18.)
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