Illinois Administrative Code
Title 38 - FINANCIAL INSTITUTIONS
Part 1075 - SAVINGS BANK ACT
Subpart F - SERVICE CORPORATION AND OPERATING SUBSIDIARIES
Section 1075.610 - Approval by the Director
Universal Citation: 38 IL Admin Code ยง 1075.610
Current through Register Vol. 48, No. 38, September 20, 2024
a) Except as provided in subsection (b) of this Section, an application for approval of a service corporation shall be approved by the Director provided that:
1) its purpose or purposes are reasonably
incident to the accomplishment of the powers conferred upon savings banks by
the Act, or are purposes granted or allowed to service corporations organized
or owned by savings and loan associations; or its sole purpose is to operate as
a finance subsidiary of a savings bank to the extent authorized for finance
subsidiaries of savings and loan associations under the Illinois Savings and
Loan Act of 1985 [205 ILCS 105 ]; and
2) the application for approval of a service
corporation includes: the appropriate fee; a copy of the service corporation's
Articles of Incorporation; a list of proposed shareholders; the fiscal year-end
date; and an undertaking by the service corporation with the continuing
conditions specified in subsection (c) of this Section and in a form prescribed
by the Director.
b) An application for approval of a service corporation shall be denied by the Director in writing if the Director finds that any proposed shareholder is conducting business in an unsafe manner.
c) Continuing Conditions
1) A service corporation shall not amend its
Articles of Incorporation nor adopt an assumed corporate name without the prior
written approval of the Director. A proposed amendment to Articles of
Incorporation not involving a name change shall be approved unless it is in
non-compliance with subsection (a)(1). A proposed name change shall be approved
unless such proposed name is either deceptively similar to that of a savings
bank as specified in Section 3005(b)(3) of the Act or of a nature which might
imply that the entity is a savings bank.
2) Each service corporation shall cause its
affairs to be audited by a licensed public accountant at least once each fiscal
year, and cause the accountant to deliver a copy of the certified statement to
the Director simultaneously with the delivery of the statement to the service
corporation.
3) Each service
corporation shall be examined in conjunction with the examination of its parent
savings banks. The Director shall require additional reports and/or
examinations if the Director, or his or her staff members engaged in
examination of the savings bank's monthly report, determine that more
information is needed to determine the viability of the service
corporation.
4) A service
corporation shall not acquire any classified items as defined in Section
1075.585(b)
from any financial institution, except that a service corporation may acquire
real estate owned by any savings bank.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.