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90_HB2891
765 ILCS 1025/2 from Ch. 141, par. 102
Amends the Uniform Disposition of Unclaimed Property Act
in provisions regarding the presumption of abandonment of
property held or owing by a banking or financial organization
to provide that a presumption of abandonment does not apply
to charges that may be lawfully withheld in connection with
money orders issued by currency exchanges. Effective
immediately.
LRB9008771SMdv
LRB9008771SMdv
1 AN ACT to amend the Uniform Disposition of Unclaimed
2 Property Act by changing Section 2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Uniform Disposition of Unclaimed Property
6 Act is amended by changing Section 2 as follows:
7 (765 ILCS 1025/2) (from Ch. 141, par. 102)
8 Sec. 2. Property held by financial organizations;
9 presumption of abandonment. The following property held or
10 owing by a banking or financial organization is presumed
11 abandoned:
12 (a) Any demand, savings, or matured time deposit with a
13 banking organization, together with any interest or dividend
14 thereon, excluding any charges that may lawfully be withheld,
15 unless the owner has, within 5 years:
16 (1) Increased or decreased the amount of the
17 deposit, or presented the passbook or other similar
18 evidence of the deposit for the crediting of interest; or
19 (2) Corresponded in writing with the banking
20 organization concerning the deposit; or
21 (3) Otherwise indicated an interest in the deposit
22 as evidenced by a memorandum on file with the banking
23 organization.
24 (b) Any funds paid toward the purchase of withdrawable
25 shares or other interest in a financial organization, or any
26 deposit made, and any interest or dividends thereon,
27 excluding any charges that may be lawfully withheld, unless
28 the owner has within 5 years:
29 (1) Increased or decreased the amount of the funds,
30 or deposit, or presented an appropriate record for the
31 crediting of interest or dividends; or
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1 (2) Corresponded in writing with the financial
2 organization concerning the funds or deposit; or
3 (3) Otherwise indicated an interest in the funds or
4 deposit as evidenced by a memorandum on file with the
5 financial organization.
6 (c) Any sum payable on checks or on written instruments
7 on which a banking or financial organization or business
8 association is directly liable including, by way of
9 illustration but not of limitation, certificates of deposit,
10 drafts, money orders and travelers checks, that with the
11 exception of travelers checks has been outstanding for more
12 than 5 years from the date it was payable, or from the date
13 of its issuance if payable on demand, or, in the case of
14 travelers checks, that has been outstanding for more than 15
15 years from the date of its issuance, excluding any charges
16 that may be lawfully withheld relating to money orders issued
17 by currency exchanges, unless the owner has within 5 years or
18 within 15 years in the case of travelers checks corresponded
19 in writing with the banking or financial organization or
20 business association concerning it, or otherwise indicated an
21 interest as evidenced by a memorandum on file with the
22 banking or financial organization or business association.
23 (d) Any funds or other personal property, tangible or
24 intangible, removed from a safe deposit box or any other
25 safekeeping repository or agency or collateral deposit box on
26 which the lease or rental period has expired due to
27 nonpayment of rental charges or other reason, or any surplus
28 amounts arising from the sale thereof pursuant to law, that
29 have been unclaimed by the owner for more than 5 years from
30 the date on which the lease or rental period expired,
31 subject to lien of the holder for reimbursement of costs
32 incurred in the opening of a safe deposit box as determined
33 by the holder's regular schedule of charges.
34 (e) Notwithstanding any other provision of this Section,
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1 no deposit except passbook, checking, NOW accounts, super NOW
2 accounts, money market accounts, or such similar accounts as
3 established by Rule of the Director, held by a banking or
4 financial organization shall be presumed abandoned if with
5 respect to such a deposit which specifies a definite maturity
6 date, such organization was authorized in writing to extend
7 or rollover the account for an additional like period and
8 such organization does so extend. Such deposits are not
9 presumed abandoned less than 5 years from that final maturity
10 date. Property of any kind held in an individual retirement
11 account (IRA) is not presumed abandoned earlier than 5 years
12 after the owner attains the age at which distributions from
13 the account become mandatory under law.
14 (Source: P.A. 89-604, eff. 8-2-96; 90-167, eff. 7-23-97.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.