Illinois Compiled Statutes 205 ILCS 5/83 – Compliance review
Current as of: 2024 | Check for updates
|
Other versions
(a) As used in this Section:
“Affiliate” means a corporation whose stock is at least 80% owned by the depository institution or a corporation that directly or indirectly owns at least 80% of the depository institution.
“Depository institution” means a State or national bank, a State or federally chartered savings and loan association, or a State or federally chartered savings bank that is engaged in the business of banking in Illinois as appropriate.
“Compliance review committee” means:
(1) one or more persons assigned by management or
“Affiliate” means a corporation whose stock is at least 80% owned by the depository institution or a corporation that directly or indirectly owns at least 80% of the depository institution.
Terms Used In Illinois Compiled Statutes 205 ILCS 5/83
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Testify: Answer questions in court.
“Depository institution” means a State or national bank, a State or federally chartered savings and loan association, or a State or federally chartered savings bank that is engaged in the business of banking in Illinois as appropriate.
“Compliance review committee” means:
(1) one or more persons assigned by management or
|
appointed by the board of directors of a depository institution for the purposes set forth in subsection (b); or
|
(2) any other person to the extent the person acts in
|
an investigatory capacity at the direction of a compliance review committee.
|
“Compliance review documents” means documents prepared in connection with a review or evaluation conducted by or for a compliance review committee.
“Person” means an individual, a group of individuals, a board committee, a partnership, a firm, an association, a corporation, or any other entity.
(b) This Section applies to compliance review committees whose functions are to evaluate and seek to improve any of the following:
(1) loan policies or underwriting standards;
(2) asset quality;
(3) financial reporting to federal or State
“Person” means an individual, a group of individuals, a board committee, a partnership, a firm, an association, a corporation, or any other entity.
(b) This Section applies to compliance review committees whose functions are to evaluate and seek to improve any of the following:
(1) loan policies or underwriting standards;
(2) asset quality;
(3) financial reporting to federal or State
|
governmental or regulatory agencies; or
|
(4) compliance with federal or State statutory or
|
regulatory requirements.
|
(c) Except as provided in subsection (d) of this Section:
(1) Compliance review documents are confidential and
(1) Compliance review documents are confidential and
|
are not subject to discovery or admissible in evidence in any civil action.
|
(2) Individuals serving on compliance review
|
committees or acting under the direction of a compliance review committee shall not be required to testify in any civil action about the contents of any compliance review document or conclusions of any compliance review committee or about the actions taken by a compliance review committee.
|
(3) Compliance review documents delivered to an
|
affiliate or a State, federal, or foreign governmental or regulatory agency shall remain confidential and are not discoverable or admissible in evidence in any civil action.
|
(d) This Section does not apply to: (1) compliance review committees on which individuals serving on or at the direction of the compliance review committee have management responsibility for the operations, records, employees, or activities being examined or evaluated by the compliance review committee and (2) any civil action initiated by any federal or State regulatory agency.
(e) This Section shall not be construed to limit the discovery or admissibility in any civil action of any documents other than compliance review documents.
(e) This Section shall not be construed to limit the discovery or admissibility in any civil action of any documents other than compliance review documents.