Miscellaneous Provisions

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(205 ILCS 620/Art. IX heading)

ARTICLE IX. MISCELLANEOUS PROVISIONS

 

(205 ILCS 620/9-1)

Sec. 9-1. (Repealed).

(Source: P.A. 90-301, eff. 8-1-97. Repealed by P.A. 97-492, eff. 1-1-12.)

 

(205 ILCS 620/9-2)

Sec. 9-2. (Repealed).

(Source: P.A. 90-301, eff. 8-1-97. Repealed by P.A. 97-492, eff. 1-1-12.)

 

(205 ILCS 620/9-3)

Sec. 9-3. (Repealed).

(Source: P.A. 85-858. Repealed by P.A. 97-492, eff. 1-1-12.)

 

(205 ILCS 620/9-4)

Sec. 9-4. (Repealed).

(Source: P.A. 85-858. Repealed by P.A. 97-492, eff. 1-1-12.)

 

(205 ILCS 620/9-5) (from Ch. 17, par. 1559-5)

Sec. 9-5. Applicability of other Acts by reference. Corporate fiduciaries subject to the provisions of this Act shall continue to be subject to the provisions of other Acts which govern actions of trustees including, but not limited to:

(a) "An Act to provide for the appointment of successor trustees in land trust agreements", approved August 13, 1965, as amended.

(b) "An Act to require disclosure, under certification of perjury, of all beneficial interests in real property held in a land trust, in certain cases", approved September 21, 1973, as amended.

(c) "An Act in relation to land trusts and the power and authority of trustees of land trusts to deal with trust property", approved August 6, 1982, as amended.

(d) "An Act concerning the powers of corporations authorized to accept and execute trusts, to register and hold securities of fiduciary accounts in bulk and to deposit same with a depository", approved September 1, 1972, as amended.

(e) the "Common Trust Fund Act", approved July 29, 1943, as amended.

(f) the Illinois Trust Code.

(g) "An Act concerning liability for participation in breaches of fiduciary obligations", approved July 7, 1931, as amended.

(Source: P.A. 101-48, eff. 1-1-20.)

 

(205 ILCS 620/9-6)

Sec. 9-6. Audits.

(a) At least once in each calendar year a trust company must cause its books and records to be audited by an independent licensed public accountant. The Commissioner may prescribe the scope of the audit within generally accepted audit principles and standards.

(b) The independent licensed public accountant shall provide a written audit report to the trust company's board of directors or to a committee appointed by the trust company's board of directors. If the audit report is given to a committee appointed by the trust company's board of directors, the committee shall, within 30 days after the date of receipt of the audit report, provide the board of directors with a written summary of the audit findings as detailed in the audit report. The trust company's board of directors shall file with the Commissioner a copy of any written summary of the audit findings provided to the board pursuant to this subsection within 45 days after receipt by the board of the written summary.

(c) The trust company's board of directors or committee appointed by the board of directors shall cause a copy of the audit report to be filed directly by the independent licensed public accountant with the Commissioner within 45 days after the audit report is issued.

(d) A trust company that is directly or indirectly owned by a bank holding company, a financial holding company, or a savings and loan holding company shall be deemed to be in compliance with the provisions of subsections (a) through (c) of this Section if the bank holding company, financial holding company, or savings and loan holding company obtains an audit by an independent licensed public accountant that includes the trust company and meets the standards of subsection (a) and, within 45 days after the audit report is issued, the bank holding company, financial holding company, or savings and loan holding company causes the independent licensed public accountant to directly file with the Commissioner the provisions of the audit report relating to the trust company.

(Source: P.A. 92-485, eff. 8-23-01; 92-685, eff. 7-16-02.)


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