2023 Illinois Compiled Statutes › Chapter 20 - EXECUTIVE BRANCH › 20 ILCS 3205/ - Division of Banking Act.

(20 ILCS 3205/0.1)
Sec. 0.1. Short title. This Act may
be cited as the Division of Banking Act.
(Source: P.A. 96-1365, eff. 7-28-10.)
(20 ILCS 3205/0.2)
Sec. 0.2. Definitions. For the purposes of this Act, unless the context
otherwise requires:
"Commissioner" means the Secretary of Financial and Professional Regulation or a
person authorized by the Secretary, the Division of Banking Act, or by this Act to act in the Secretary's
 stead.
"Division" means the Division of Banking within the Department of Financial and Professional Regulation.
"Office" means the Division of Banking within the Department of Financial and Professional Regulation.
(Source: P.A. 96-1365, eff. 7-28-10.)
(20 ILCS 3205/0.4)
Sec. 0.4. 
		Purpose; effect on Executive Order.
(a) It is the purpose of this amendatory Act of 1996 to change the name of
the office of the Commissioner of Banks and Trust Companies to the Office of
Banks and Real Estate and to transfer to it the rights, powers, duties, and
functions of the Office of the Commissioner of Savings and Residential
Finance.  This amendatory Act consolidates and centralizes the programs and
services now offered to citizens by those agencies and is intended to result
in more effective operation of those programs and services.
(b) This amendatory Act of 1996 supersedes Executive Order Number 1 (1996)
in its entirety, and the Order is of no force or effect.  Anything contained in
Executive Order Number 1 (1996) that is inconsistent with or not included in
this amendatory Act of 1996 shall be deemed contrary to the intent and effect
of this Act, is superseded by this Act, and is of no force or effect.
(Source: P.A. 89-508, eff. 7-3-96.)
(20 ILCS 3205/0.6)
Sec. 0.6. 
		Continuation and redesignation of Office. 
		The office of the
Commissioner of Banks and Trust Companies that was created under Section 2.1 of
the Illinois Banking Act is hereby continued and redesignated as the Office of
Banks and Real Estate.
(Source: P.A. 89-508, eff. 7-3-96.)
(20 ILCS 3205/0.8)
Sec. 0.8. 
		Commissioner and deputy commissioners.
(a) The Office of Banks and Real Estate shall be under the direction of the
Commissioner of Banks and Real Estate.
There shall be a First Deputy Commissioner and such other deputy
commissioners as the Governor may deem appropriate.  All deputy commissioners
shall be under the direction, supervision, and control of the Commissioner.
The Commissioner may delegate to one or more of the deputy commissioners any
power or duty that the Commissioner is authorized or required by law to
perform.
(b) The Commissioner and all deputy commissioners shall be persons who
are experienced in the theory and practice of the business of banks and
other financial institutions.
(c) The Commissioner, the First Deputy Commissioner, and the deputy
commissioners shall be appointed by the Governor with the advice and consent
of the Senate.  If a vacancy occurs while the Senate is not in session, the
Governor may make a temporary appointment until the next meeting of the Senate,
when the Governor shall nominate some person to fill the vacancy.  A person
nominated to fill a vacancy, if confirmed by the Senate, shall hold office for
the remainder of the vacated term and until his or her successor has been
appointed and has qualified.
(d) If the Commissioner is absent or unable to act, or if the position of
Commissioner becomes vacant, the First Deputy Commissioner shall be Acting
Commissioner and shall execute the powers and discharge the duties vested by
law in the Commissioner until a temporary appointment is made as provided in
subsection (c).
If both the Commissioner and the First Deputy Commissioner are absent or
unable to act, or if the positions of Commissioner and First Deputy
Commissioner are both vacant, the Governor shall designate another deputy
commissioner as Acting Commissioner to execute the powers and discharge the
duties vested by law in the Commissioner until a temporary appointment is made
as provided in subsection (c).
(e) The terms of the persons serving as the Commissioner, First Deputy
Commissioner, and Deputy Commissioners of Banks and Trust Companies shall end
on the effective date of this amendatory Act of 1996, or as sooner provided by
executive order, except that those persons shall continue to serve as
Commissioner, First Deputy Commissioner, and Deputy Commissioners
of the Office of Banks and Real Estate, respectively, until their successors
have been appointed and have qualified.
(f) The Commissioner, First Deputy Commissioner, and Deputy Commissioners of
the Office of Banks and Real Estate shall hold office for terms beginning upon
confirmation and continuing until January 31, 2000 and until their successors
have been appointed and have qualified.  Thereafter the Commissioner, First
Deputy Commissioner, and Deputy Commissioners of the Office of Banks and Real
Estate shall serve for terms of 4 years beginning on February 1, 2000 and on
February 1 of every fourth year thereafter.
(Source: P.A. 89-508, eff. 7-3-96.)
(20 ILCS 3205/1) (from Ch. 17, par. 451)
Sec. 1. Salary.
(a) The Commissioner of Banks and Trust Companies shall receive an annual
salary as set by the Compensation
Review Board,  payable in equal monthly installments.
The First Deputy Commissioner shall receive an annual salary as set by the Compensation Review Board, and the other deputy commissioners shall receive an annual
salary of $38,000, or as set by the Compensation Review Board, whichever is
greater, each payable in equal monthly installments.
(b) The Commissioner of the Office of Banks and Real Estate shall receive
the annual salary provided by law for the Commissioner of Banks and Trust
Companies until the General Assembly or the Compensation Review
Board establishes a salary for the Commissioner of the Office of Banks and Real
Estate.  The First Deputy Commissioner and Deputy Commissioners of the Office
of Banks and Real Estate shall receive the annual salaries provided by law for
the First Deputy Commissioner and Deputy Commissioners of Banks and Trust
Companies, respectively, until the General Assembly or the Compensation Review
Board establishes salaries for the First Deputy Commissioner and Deputy
Commissioners of the Office of Banks and Real Estate.
(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 3205/2) (from Ch. 17, par. 452)
Sec. 2. 
		Oath and bond.
(a) The Commissioner and each deputy commissioner, before entering upon
the duties of office, shall take and subscribe the
constitutional oath of office.
(b) The Commissioner and each deputy commissioner, before entering upon
the duties of office, shall give bond, with security to be approved by the
Governor, in the sum of $20,000 for the Commissioner and $10,000 for each
deputy commissioner, conditioned upon the faithful performance of
their duties.  Each such bond shall be filed with the Secretary of
State.
(Source: P.A. 89-508, eff. 7-3-96.)
(20 ILCS 3205/2.5)
Sec. 2.5. Prohibited activities.
(a) For the purposes of this Section, "regulated entity" means any person,
business, company, corporation, institution, or other entity who is subject to
regulation by the Office of Banks and Real Estate under Sections 3 and 46 of the Illinois Banking
Act, Section 1-5 of the Illinois Savings and Loan Act of 1985, Section 1004 of the Savings Bank Act, Section 1-3 of the Residential
Mortgage License Act of 1987, Section 2-4 of the Corporate Fiduciary Act, Section 3.02 of the Illinois Bank
Holding Company Act of 1957, the Savings and Loan Share and Account Act, Section 1.5 of the Pawnbroker Regulation Act, Section 3 of the Foreign Banking Office Act, or Section 30 of the Electronic
Fund Transfer Act.
(b) The Commissioner and the deputy commissioners shall not be an officer,
director, employee, or agent of a regulated entity or of a corporation or
company that owns or controls a regulated entity.
The Commissioner and the deputy commissioners shall not own shares of
stock or hold any other equity interest in a regulated entity or in a
corporation or company that owns or controls a regulated entity.  If the
Commissioner or a deputy commissioner owns shares of stock or holds an equity
interest in a regulated entity at the time of appointment, he or she shall
dispose of such shares or other equity interest within 120 days from the date
of appointment.
The Commissioner and the deputy commissioners shall not directly or
indirectly obtain a loan from a regulated entity or accept a gratuity from a
regulated entity that is intended to influence the performance of official
duties.
(c) Employees of the Office of Banks and Real Estate shall not be officers,
directors, employees, or agents of a regulated entity or of a corporation
or company that owns or controls a regulated entity.
Except as provided by standards which the Office of Banks and Real Estate may
establish, employees of the Office of Banks and Real Estate shall not own
shares of stock or hold any other equity interest in a regulated entity or in
a corporation or company that owns or controls a regulated entity, or
directly or indirectly obtain a loan from a regulated entity, or accept a
gratuity from a regulated entity that is intended to influence the performance
of official duties.  However, in no case shall an employee of the Office of
Banks and Real Estate participate in any manner in the examination or direct
regulation of a regulated entity in which the employee owns shares of stock or
holds any other equity interest, or which is servicing a loan to which the
employee is an obligor.
(d) If the Commissioner, a deputy commissioner, or any employee of the
Office of Banks and Real Estate properly obtains a loan or extension of credit
from an entity that is not a regulated entity, and the loan or extension of
credit is subsequently acquired by a regulated entity or the entity converts to
become a regulated entity after the loan is made, such purchase by or
conversion to a regulated entity shall not cause the loan or extension of
credit to be deemed a violation of this Section.
Nothing in this Section shall be deemed to prevent
the ownership of a checking account, a savings deposit account, a money market
account, a certificate of deposit, a credit or debit card account, or shares in
open-end investment companies registered with the Securities and Exchange
Commission pursuant to the federal Investment Company Act of 1940 and the
Securities Act of 1933 (commonly referred to as mutual or money market
funds).
(e) No Commissioner, deputy commissioner, employee, or agent of the
Office of Banks and Real Estate shall, either during or after the holding of
his or her term of office or employment, disclose confidential information
concerning any regulated entity or person except as authorized by law or
prescribed by rule.  "Confidential information", as used in this Section, means
any information that the person or officer obtained during his or her term of
office or employment that is not available from the Office of Banks and Real
Estate pursuant to a request under the Freedom of Information Act.
(Source: P.A. 97-492, eff. 1-1-12.)
(20 ILCS 3205/3) (from Ch. 17, par. 453)
Sec. 3. 
		Business hours. 
		The Office of Banks and Real Estate shall be open
for transaction of public business from 8:30
a.m. to 5:00 p.m. or at such other hours as the Governor may prescribe
from time to time by executive order, on each day except
Saturdays, Sundays, and days declared by the Governor to be holidays for State
employees.
(Source: P.A. 89-508, eff. 7-3-96.)
(20 ILCS 3205/4) (from Ch. 17, par. 454)
Sec. 4. 
		Seal. 
		The Commissioner shall adopt and keep an official seal.
(Source: P.A. 89-508, eff. 7-3-96.)
(20 ILCS 3205/5) (from Ch. 17, par. 455)
Sec. 5. Powers. In addition to all the other powers and duties provided
by law, the Commissioner shall have the following powers:
(a) To exercise the rights, powers and duties formerly vested by law in
the Director of Financial Institutions under the Illinois Banking Act.
(b) To exercise the rights, powers and duties formerly vested by law in
the Department of Financial Institutions under "An act to provide for and
regulate the administration of trusts by trust companies", approved June 15,
1887, as amended.
(c) To exercise the rights, powers and duties formerly vested by law in
the Director of Financial Institutions under "An act authorizing foreign
corporations, including banks and national banking associations domiciled in
other states, to act in a fiduciary capacity in this state upon certain
conditions herein set forth", approved July 13, 1953, as amended.
(c-5) To exercise all of the rights, powers, and duties granted to the Director or Secretary under the Illinois Banking Act, the Corporate Fiduciary Act, the Electronic Fund Transfer Act, the Illinois Bank Holding Company Act of 1957, the Savings Bank Act, the Illinois Savings and Loan Act of 1985, the Savings and Loan Share and Account Act, the Residential Mortgage License Act of 1987, and the Pawnbroker Regulation Act.
(c-15) To enter into cooperative agreements with appropriate federal and out-of-state state regulatory agencies to conduct and otherwise perform any examination of a regulated entity as authorized under the Illinois Banking Act, the Corporate Fiduciary Act, the Electronic Fund Transfer Act, the Illinois Bank Holding Company Act of 1957, the Savings Bank Act, the Illinois Savings and Loan Act of 1985, the Residential Mortgage License Act of 1987, and the Pawnbroker Regulation Act.
(d) Whenever the Commissioner is authorized or required by law to consider
or to make findings regarding the character of incorporators, directors,
management personnel, or other relevant individuals under the Illinois Banking
Act,
the Corporate Fiduciary Act, the Pawnbroker Regulation Act, or at other
times as the Commissioner deems necessary for the purpose of carrying out the
Commissioner's statutory powers
and responsibilities, the Commissioner shall consider criminal
history record information, including nonconviction information, pursuant to
the Criminal Identification Act.  The Commissioner shall, in the
form and manner required by
the Illinois State Police and the Federal Bureau of Investigation, cause
to be conducted a criminal history record investigation to obtain
information currently contained in the files of the Illinois State Police
or the Federal Bureau of Investigation, provided that the Commissioner need
not cause additional criminal history record investigations to be conducted
on individuals for whom the Commissioner, a federal bank regulatory
agency, or any other government agency has caused such investigations to
have been conducted previously unless such additional investigations are
otherwise required by law or unless the Commissioner deems such additional
investigations to be necessary for the purposes of
carrying out the Commissioner's statutory powers and responsibilities.
The Illinois State Police shall
provide, on the Commissioner's request, information concerning criminal
charges and their disposition currently on file with respect to a relevant
individual.  Information obtained as a result
of an investigation under this Section shall be used in determining eligibility
to be an incorporator, director, management personnel, or other relevant
individual in relation to a financial institution or other entity
supervised by the Commissioner.  Upon request and payment of fees in
conformance with the
requirements of Section 2605-400 of the Illinois State Police Law, the Illinois State Police is authorized
to furnish, pursuant to positive identification, such information contained in
State files as is necessary to fulfill the request.
(e) When issuing charters, permits, licenses, or other authorizations,
the Commissioner may impose such terms and conditions on the issuance
as he deems necessary or appropriate.  Failure to
abide by those terms and conditions may result in the  revocation of the
issuance, the imposition of corrective orders, or the imposition of civil
money penalties.
(f) If the Commissioner has reasonable cause to believe that any entity
that has not submitted an application for authorization or licensure is
conducting any activity that would otherwise require authorization or
licensure by the Commissioner, the Commissioner shall have the power to
subpoena witnesses, to compel their attendance, to require the production
of any relevant books, papers, accounts, and documents, and to conduct an examination of  the entity in order to determine
whether the entity is subject to authorization or licensure by the
Commissioner or the Division. If the Secretary determines that the entity is subject to authorization or licensure by the Secretary, then the Secretary shall have the power to issue orders against or take any other action, including initiating a receivership against the unauthorized or unlicensed entity.
(g) The Commissioner may, through the Attorney General, request
the circuit court of any county to issue an injunction to restrain any person
from violating the provisions of any Act administered by the Commissioner.
(h) Whenever the Commissioner is authorized to take any action or
required by law to consider or make findings, the Commissioner may delegate
or appoint, in writing, an officer or employee of the Division to
take that action or make that finding.
(i)  Whenever the Secretary determines that it is in the public's interest, he or she may publish any cease and desist order or other enforcement action issued by the Division.
(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 3205/5.5)
Sec. 5.5. 
		Payment by credit card or third-party payment agent.
(a) For the purposes of this Section, the term "credit card" has the
meaning given in Section 10 of the Local Governmental Acceptance of Credit
Cards Act.
(b) The Office may, but need not, accept payment by credit card for
any fee, fine, or other charge that it is authorized by law to collect.  The
Office may adopt rules and procedures governing the acceptance of payment
by credit card and may enter into such agreements as may be necessary to accept
payment by credit card.
(c) The Office may enter into agreements with one or more financial
institutions, internet companies, or other business entities to act as
third-party payment agents for the payment of fees, fines, or other charges
to the Office.  These agreements may authorize the third-party payment
agent to retain a service fee out of the payments collected.
The Office may, but need not, accept payment through a third-party
payment agent of any fee, fine, or other charge that it is authorized by
law to collect.  The Office may adopt rules and procedures governing
the acceptance of payments through third-party payment agents.
(d) Receipt by the Office of the amount of a fee, fine, or other charge
paid by credit card or through a third-party payment agent authorized by the
Office, less the amount of any service fee retained under the Office's
agreement with the credit card service provider or third-party payment agent,
shall be deemed receipt of the full amount of the fee or other charge and shall
discharge the payment obligation in full.
(e) In the event of a conflict between this Section and a provision of any
other Act administered by the Office, this Section controls.
(Source: P.A. 92-741, eff. 7-25-02.)
(20 ILCS 3205/6) (from Ch. 17, par. 456)
Sec. 6. Duties. The Commissioner shall direct and supervise all the
administrative and technical activities of the Office and shall:
(a) Apply and carry out this Act and the law and all     rules adopted in pursuance thereof.
(b) Appoint, subject to the provisions of the     Personnel Code, such employees, experts, and special assistants as may be necessary to carry out effectively the provisions of this Act and, if the rate of compensation is not otherwise fixed by law, fix their compensation; but neither the Commissioner nor any deputy commissioner shall be subject to the Personnel Code.
(c) Serve as Chairman of the State Banking Board of     Illinois.
(d) Serve as Chairman of the Board of Trustees of the     Illinois Bank Examiners' Education Foundation.
(e) Issue guidelines in the form of rules or     regulations which will prohibit discrimination by any State chartered bank against any individual, corporation, partnership, association or other entity because it appears in a so-called blacklist issued by any domestic or foreign corporate or governmental entity.
(f) Make an annual report to the Governor regarding     the work of the Office as the Commissioner may consider desirable or as the Governor may request.
(g) Perform such other acts as may be requested by     the State Banking Board of Illinois pursuant to its lawful powers and perform any other lawful act that the Commissioner considers to be necessary or desirable to carry out the purposes and provisions of this Act.
(h) Adopt, in accordance with the Illinois     Administrative Procedure Act, reasonable rules that the Commissioner deems necessary for the proper administration and enforcement of any Act the administration of which is vested in the Commissioner or the Office of Banks and Real Estate.
(i) Work in cooperation with the Director of Aging to     encourage all financial institutions regulated by the Office to participate fully in the Department on Aging's financial exploitation of the elderly intervention program.
(j) Deposit all funds received, including civil     penalties, pursuant to the Illinois Banking Act, the Corporate Fiduciary Act, and the Illinois Bank Holding Company Act of 1957 in the Bank and Trust Company Fund. (Source: P.A. 100-5, eff. 6-30-17.)
(20 ILCS 3205/6.1)
Sec. 6.1. 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 3205/6.2)
Sec. 6.2. Community reinvestment. The Division shall review the federal Community Reinvestment Act performance evaluations conducted by the primary federal regulator of any financial institution regulated by the Division to monitor the efforts State chartered banks are making to meet the credit needs of the communities in which they serve, including low-income and moderate-income neighborhoods, consistent with safe and sound banking practices.
The Department may electronically publish an annual report to provide the federal Community Reinvestment Act performance evaluations of State chartered banks.
(Source: P.A. 100-304, eff. 1-1-18.)
(20 ILCS 3205/6.5)
Sec. 6.5. 
		Commissioner, boards, actions taken. 
		
Neither the Commissioner, any deputy commissioner, any member of any
Board or committee which performs functions related to Acts administered by the
Commissioner, nor any employee of the Commissioner's office shall be subject to
any civil liability or penalty, whether for damages or otherwise, on account of
or for any action taken or omitted to be taken in their respective official
capacities, except when such acts or omissions to act are corrupt or malicious
or unless such action is taken or omitted to be taken not in good faith and
without reasonable grounds.
(Source: P.A. 90-602, eff. 7-1-98.)
(20 ILCS 3205/7) (from Ch. 17, par. 457)
Sec. 7. 
		Business offices. 
		
The Commissioner shall maintain an office at Springfield and may, with the
approval of the Governor, establish and maintain,
at places other than the seat of government, branch offices for the conduct of
any one or more of the functions of the Office.
(Source: P.A. 89-508, eff. 7-3-96.)
(20 ILCS 3205/8) (from Ch. 17, par. 458)
Sec. 8. 
		Transfer of personnel (1967). 
		All the persons employed on
December 31, 1966 in the Banking Division of the Department of Financial
Institutions shall be transferred on January 1, 1967 to the office of the
Commissioner in the same position, status
and pay grades including, without limitation, the continuances of any vacation
pay, sick leave, pensions or other benefits to which they would otherwise be
entitled.
(Source: P.A. 89-508, eff. 7-3-96.)
(20 ILCS 3205/9) (from Ch. 17, par. 459)
Sec. 9. 
		Transfer of property and business (1967). 
		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
Banking Division of the Department of Financial Institutions shall be delivered
to the Commissioner.
(Source: P.A. 89-508, eff. 7-3-96.)
(20 ILCS 3205/9.1)
Sec. 9.1. 
		Discontinued agency and offices.
(a) The Office of the Commissioner of Savings and Residential Finance,
whether in that name or in the name of the Office of the Commissioner of
Savings, Real Estate Professions, and Mortgage Finance, is hereby abolished.
(b) The position of Commissioner of Savings and Residential Finance and
the position of Chief Deputy Commissioner of Savings and Residential
Finance are abolished.
(Source: P.A. 89-508, eff. 7-3-96.)
(20 ILCS 3205/9.2)
Sec. 9.2. 
		Transfer of powers (1996).
(a) All of the rights, powers, and duties by law vested in the Commissioner
of Banks and Trust Companies, or any office, division, bureau, or employee
thereof, and all rights, powers, and duties incidental thereto, are retained by
the Office of Banks and Real Estate.
(b) All of the rights, powers, and duties by law vested in the Commissioner
of Savings and Residential Finance and the Office of the Commissioner of
Savings and Residential Finance, whether in that name or in the name of the
Office of the Commissioner of Savings, Real Estate Professions, and Mortgage
Finance, or any office, division, bureau, or employee thereof, and all rights,
powers, and duties incidental thereto, are transferred to the Office of Banks
and Real Estate.
(Source: P.A. 89-508, eff. 7-3-96.)
(20 ILCS 3205/9.3)
Sec. 9.3. 
		Transfer of personnel (1996).
(a) Personnel employed by the Commissioner of Banks and Trust Companies
shall continue their service with the Office of Banks and Real Estate.
(b) Personnel employed by the Office of the Commissioner of Savings and
Residential Finance are transferred to the Office of Banks and Real Estate.
(c) The rights of State employees, the State, and its agencies under the
Personnel Code, applicable collective bargaining agreements, and retirement
plans are not affected by this amendatory Act of 1996.
(Source: P.A. 89-508, eff. 7-3-96.)
(20 ILCS 3205/9.4)
Sec. 9.4. 
		Transfer of property (1996).
(a) All books, records, papers, documents, property (real and personal),
unexpended appropriations, and pending business pertaining to the rights,
powers, and duties transferred by this amendatory Act of 1996 from the
Commissioner of Savings and Residential Finance and the Office of the
Commissioner of Savings and Residential Finance to the Office of Banks and
Real Estate shall be delivered and transferred to the Office of Banks and
Real Estate.
(b) All books, records, papers, documents, property (real and personal),
unexpended appropriations, and pending business pertaining to the rights,
powers, and duties of the Commissioner of Banks and Trust Companies
shall be retained by the Office of Banks and Real Estate.
(Source: P.A. 89-508, eff. 7-3-96.)
(20 ILCS 3205/9.5)
Sec. 9.5. 
		Savings provisions.
(a) The rights, powers, and duties transferred to or retained by the Office
of Banks and Real Estate by this amendatory Act of 1996 shall be vested in and
shall be exercised
by the Office of Banks and Real Estate.  Each act done in the exercise of such
rights, powers, and duties shall have the same legal effect as if done by the
former agencies, divisions, officers, or employees thereof.
(b) Every person or corporation shall be subject to the same obligations and
duties and any penalties, civil or criminal, arising therefrom, and shall have
the same rights arising from the exercise of such rights, powers, and duties as
if such rights, powers, and duties had been exercised by the former agencies,
divisions, officers, or employees thereof.
(c) Every officer and employee of the Office of Banks and Real Estate shall,
for any offense, be subject to the same penalties, civil or criminal, as are
prescribed by existing law for the same offense by any officer or employee
whose powers or duties were transferred or retained under this amendatory Act
of 1996.
(d) 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 agencies
and offices transferred by this amendatory Act of 1996, they shall be made,
given, furnished, or served in the same manner to or upon the Office of Banks
and Real Estate.
(e) Where an Act administered by the Commissioner or Office of Banks and
Real Estate requires an entity to file a consent to service, any lawfully filed
consent to service on an official or agency that is the predecessor of the
Office of Banks and Real Estate shall constitute consent to service on the
Office of Banks and Real Estate and need not be refiled in response to this
amendatory Act of 1996.
(f) Where an Act administered by the Commissioner or Office of Banks and
Real Estate requires filing of a bond payable to the Commissioner or the
Office, any lawfully filed bond payable to an official or agency that is the
predecessor of the Commissioner or Office of Banks and Real Estate shall be
deemed payable to the Commissioner or Office of Banks and Real Estate and need
not be refiled in response to this amendatory Act of 1996.
(g) This amendatory Act of 1996 does not affect any act done, ratified, or
cancelled, any right occurring or established, or any action or proceeding had
or commenced in an administrative, civil, or criminal cause before this
amendatory Act takes effect; any such action or proceeding commenced by a
predecessor of the Office may be continued by the Office of Banks and Real
Estate.
(h) The rules of the agencies being reorganized by this amendatory Act of
1996 that are in effect at the time this amendatory Act of 1996 takes effect
shall become the rules of the Office of Banks and Real Estate and shall
continue in effect until amended or repealed by the Office of Banks and Real
Estate.
Any rules that have been proposed by the agencies being reorganized by this
amendatory Act of 1996 but have not been finally adopted at the time this
amendatory Act of 1996 takes effect shall thereupon become proposed rules of
the Office of Banks and Real Estate and any rulemaking procedures that have
already been completed by a predecessor agency for those proposed rules need
not be repeated.
As soon as practical after the effective date of this amendatory Act of 1996,
the Office of Banks and Real Estate shall revise and clarify the rules
transferred to or retained by it under this amendatory Act to reflect the
reorganization of rights, powers, and duties effected by this amendatory Act
using the procedures for recodification of rules available under the Illinois
Administrative Procedure Act, except that existing title, part, and section
numbering for the affected rules may be retained.  The Office of Banks and Real
Estate may propose and adopt under the Illinois Administrative Procedure Act
such other rules as may be necessary to consolidate and clarify the rules of
the agencies reorganized by this amendatory Act of 1996.
(Source: P.A. 89-508, eff. 7-3-96.)