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Illinois General Assembly· SB 2318Governor Approved

MISLEADING PRACTICES PENALTY, the official text

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SB2318 Enrolled                     LRB104 11891 BAB 21982 b

1   AN ACT concerning regulation.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Illinois Banking Act is amended by changing

5 Section 46 as follows:

6   (205 ILCS 5/46) (from Ch. 17, par. 357)

7   Sec. 46. Misleading practices and names prohibited;

8 penalty.

9   (a) No person, firm, partnership, or corporation that is

10 not a bank shall transact business in this State in a manner

11 which has a substantial likelihood of misleading the public by

12 implying that the business is a bank, or shall use the word

13 "bank", "banker", or "banking" in connection with the

14 business. Any person, firm, partnership or corporation

15 violating this Section shall be deemed guilty of a Class A

16 misdemeanor, and the Attorney General or State's Attorney of

17 the county in which any such violation occurs may restrain

18 such violation by a complaint for injunctive relief.

19  (b) If the Commissioner is of the opinion and finds that a

20 person, firm, partnership, or corporation that is not a bank

21 has transacted or intends to transact business in this State

22 in a manner which has a substantial likelihood of misleading

23 the public by implying that the business is a bank, or has used
    SB2318 Enrolled  -2-  LRB104 11891 BAB 21982 b

1 or intends to use the word "bank", "banker", or "banking" in

2 connection with the business, then the Commissioner may direct

3 that person, firm, partnership, or corporation to cease and

4 desist from transacting the business or using the word "bank",

5 "banker", or "banking". If that person, firm, partnership, or

6 corporation persists in transacting the business or using the

7 word "bank", "banker", or "banking", then the Commissioner may

8 impose a civil penalty of up to $10,000 for each violation.

9 Each day that the person, firm, partnership, or corporation

10 continues transacting the business or using the word "bank",

11 "banker", or "banking" in connection with the business shall

12 constitute a separate violation of these provisions.

13  (c) A person, firm, partnership, or corporation that is

14 not a bank, and is not transacting or intending to transact

15 business in this State in a manner that has a substantial

16 likelihood of misleading the public by implying that such

17 business is a bank, may apply to the Commissioner for

18 permission to use the word "bank", "banker", or "banking" in

19 connection with the business. If the Commissioner determines

20 that there is no substantial likelihood of misleading the

21 public, and upon such conditions as the Commissioner may

22 impose to prevent the person, firm, partnership, or

23 corporation from holding itself out in a misleading manner,

24 then such person, firm, partnership, or corporation may use

25 the word "bank", "banker", or "banking".

26  (d) (1) Unless otherwise expressly permitted by law,
    SB2318 Enrolled        -3-  LRB104 11891 BAB 21982 b

1   no person, firm, partnership, or corporation may use the

2   name of an existing bank when marketing to or soliciting

3   business from customers or prospective customers if the

4   reference to the existing bank is made without the consent

5   of the existing bank.

6   (1.5) Unless otherwise expressly permitted by law, no

7   person, firm, partnership, or corporation may use a name

8   similar to that of an existing bank when marketing to or

9   soliciting business from customers or prospective

10  customers if the similar name is used in a manner that

11  could cause a reasonable person to believe that the

12  marketing material or solicitation originated from or is

13  endorsed by the existing bank or that the existing bank is

14  in any other way responsible for the marketing material or

15  solicitation.

16  (2) An existing bank may, in addition to any other

17  remedies available under the law, report an alleged

18  violation of this subsection (d) to the Commissioner. If

19  the Commissioner finds the marketing material or

20  solicitation in question to be in violation of this

21  subsection, the Commissioner may direct the person, firm,

22  partnership, or corporation to cease and desist from using

23  that marketing material or solicitation in Illinois. If

24  that person, firm, partnership, or corporation persists in

25  the use of the marketing material or solicitation, then

26  the Commissioner may impose a civil penalty of up to
   SB2318 Enrolled  -4-             LRB104 11891 BAB 21982 b

1  $10,000 for each violation. Each instance in which the

2  marketing material or solicitation is sent to a customer

3  or prospective customer shall constitute a separate

4  violation of these provisions. The Commissioner is

5  authorized to adopt promulgate rules to administer these

6  provisions.

7  (3) (Blank).

8  (e) If a person, firm, partnership, or corporation that

9 (i) does not accept insured deposits as a substantial portion

10 of its operations and (ii) is not chartered by a State or the

11 United States violates subsection (a), (b), or (c) of this

12 Section, the Commissioner may impose a civil penalty of up to

13 the maximum amount permitted under paragraph (8) of Section 48

14 of this Act for each violation.

15 (Source: P.A. 92-476, eff. 8-23-01; 92-811, eff. 8-21-02.)
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