2005 Illinois Code - Chapter 205 Financial Regulation 205 ILCS 705/ Financial Institutions Electronic Documents and Digital Signature Act.
(205 ILCS 705/1)
Sec. 1. Short title. This Act may be cited as the Financial
Institutions Electronic Documents and
Digital Signature Act.
(Source: P.A. 94‑458, eff. 8‑4‑05.)
(205 ILCS 705/5)
Sec. 5. Definitions. As used in this Act:
"Digital signature" means an encrypted
electronic identifier, created by computer, intended by the party using it to
have the same force and effect as the use of a manual signature.
"Financial institution" means a bank,
a savings
and loan association, a savings bank, or
a credit
union.
"Substitute check" means a paper reproduction of an original check, as defined in the Check Clearing for the 21st Century Act (12 U.S.C. 5001, et seq.), as amended from time to time, and the rules promulgated thereunder.
(Source: P.A. 94‑458, eff. 8‑4‑05.)
(205 ILCS 705/10)
Sec. 10. Electronic documents; digital signatures.
(a) If in the regular course of business, a financial institution possesses,
records, or generates any document, representation, image, substitute check, reproduction, or
combination thereof, of any agreement, transaction, act, occurrence, or event
by any electronic or computer‑generated process that accurately reproduces,
comprises, or records the agreement, transaction, act, occurrence, or event,
the recording, comprising, or reproduction shall have the same force and effect under the laws of this State
as one comprised, recorded, or created on paper or other tangible form by
writing, typing, printing, or similar means.
(b) In any communication, acknowledgement, agreement, or contract between a
financial institution and its customer, in which a signature is required or
used, any party to the communication, acknowledgement, agreement, or contract
may affix a signature by use of a digital signature, and the digital signature,
when lawfully used by the person whose signature it purports to be,
shall have the same force and effect as the use of a manual signature if it is
unique to the person using it, is capable of verification, is under the sole
control of the person using it, and is linked to data in such a manner that if
the data are changed, the digital signature is invalidated. Nothing in this
Section shall require any financial institution or customer to use or permit
the use of a digital signature.
(Source: P.A. 94‑458, eff. 8‑4‑05.)
(205 ILCS 705/15)
Sec. 15.
Civil remedy.
A cause of action, including attorneys fees and
costs, shall lie
in favor of any person for the unauthorized use of his or her digital
signature.
(Source: P.A. 90‑575, eff. 3‑20‑98.)
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(205 ILCS 705/80)
Sec. 80.
(Amendatory provisions; text omitted).
(Source: P.A. 90‑575, eff. 3‑20‑98; text omitted.)
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(205 ILCS 705/82)
Sec. 82.
(Amendatory provisions; text omitted).
(Source: P.A. 90‑575, eff. 3‑20‑98; text omitted.)
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(205 ILCS 705/84)
Sec. 84.
(Amendatory provisions; text omitted).
(Source: P.A. 90‑575, eff. 3‑20‑98; text omitted.)
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(205 ILCS 705/86)
Sec. 86.
(Amendatory provisions; text omitted).
(Source: P.A. 90‑575, eff. 3‑20‑98; text omitted.)
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(205 ILCS 705/88)
Sec. 88.
(Amendatory provisions; text omitted).
(Source: P.A. 90‑575, eff. 3‑20‑98; text omitted.)
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(205 ILCS 705/90)
Sec. 90.
(Amendatory provisions; text omitted).
(Source: P.A. 90‑575, eff. 3‑20‑98; text omitted.)
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(205 ILCS 705/92)
Sec. 92.
(Amendatory provisions; text omitted).
(Source: P.A. 90‑575, eff. 3‑20‑98; text omitted.)
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(205 ILCS 705/99)
Sec. 99.
Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 90‑575, eff. 3‑20‑98.)
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