2005 Illinois 625 ILCS 5/      Illinois Vehicle Code. Article IX - Remittance Agents


      (625 ILCS 5/Ch. 3 Art. IX heading)
ARTICLE IX. REMITTANCE AGENTS

    (625 ILCS 5/3‑900) (from Ch. 95 1/2, par. 3‑900)
    Sec. 3‑900. (Repealed).
(Source: P.A. 88‑470. Repealed by P.A. 90‑89, eff. 1‑1‑98.)

    (625 ILCS 5/3‑901) (from Ch. 95 1/2, par. 3‑901)
    Sec. 3‑901. Purpose of Article.
    Many persons throughout the State hold themselves out to the public as being engaged in, and have engaged in, accepting money from members of the public for remittance to the State of Illinois, and its licensing and taxing agencies in payment of vehicle taxes or vehicle license or registration fees. Some of these persons have failed to make such remittance with the consequent loss to the remitters. It is the public policy of this State that its people be protected against such hazards.
(Source: P.A. 76‑1705.)

    (625 ILCS 5/3‑902) (from Ch. 95 1/2, par. 3‑902)
    Sec. 3‑902. Application of Article.
    This Article shall not apply to (1) any person who accepts for remittance only such sums as he is authorized to collect by the remittee as its agent, and (2) to any person who, in connection with the issuance of a license to him to conduct a business in this State, shall have filed, pursuant to a statutory requirement, a surety bond covering the proper discharge of any liability incurred by him in connection with the acceptance for remittance of money for the purposes designated in the Article pursuant to which he is licensed; provided he does not accept any money for remittance, as a remittance agent, the proper transmittal of which is not covered by said bond.
(Source: P. A. 76‑1705.)

    (625 ILCS 5/3‑903) (from Ch. 95 1/2, par. 3‑903)
    Sec. 3‑903. License.
    It shall be unlawful for any person, either as principal or agent, to act as a "remittance agent" in the State of Illinois without first having obtained or renewed, as the case may be, a license and posted a bond, as hereafter provided.
(Source: P. A. 76‑1705.)

    (625 ILCS 5/3‑904) (from Ch. 95 1/2, par. 3‑904)
    Sec. 3‑904. Application ‑ Contents ‑ Affidavits. Any person who desires to act as a "remittance agent" shall first file with the Secretary of State a written application for a license. The application shall be under oath and shall contain the following:
    1. The name and address of the applicant.
    2. The address of each location at which the applicant intends to act as a remittance agent.
    3. The applicant's business, occupation or profession.
    4. A statement disclosing whether he has been involved in any civil or criminal litigation and if so, the material facts pertaining thereto.
    The application shall be accompanied by the affidavits of two persons residing in the city or town of such applicant's residence. Such affiants shall state that they have known the applicant for a period of at least two years; that the applicant is of good moral character and that his reputation for honesty and business integrity in the community in which he resides is good. If the applicant is not an individual, the requirements of this paragraph shall apply to each of its officers or members.
(Source: P.A. 83‑387.)

    (625 ILCS 5/3‑905) (from Ch. 95 1/2, par. 3‑905)
    Sec. 3‑905. Bond; fee; duration of license. Such applicant shall, with his application, deposit with the Secretary of State a bond as hereinafter provided, for each location at which the applicant intends to act as a remittance agent. The application shall be accompanied by the payment of a license fee in the sum of $50.00 (or $25.00 if such application is filed after July 1) for each location at which he proposes to act as a remittance agent. If the applicant shall have complied with all of the requirements of this Section and the Secretary of State shall find after investigation that the applicant is financially sound and of good business integrity, he shall issue the required license. Such license shall terminate on December 31 of the year for which it is issued, but upon application prior to November 15 of any year for which a license is in effect may be renewed for the next succeeding calendar year. Such application shall be accompanied by the payment of an annual license fee of $50.00 for each location at which the applicant proposes to act as a remittance agent and the posting of the bond herein provided, for each such location.
    The bond required by this Section shall be for the term of the license, or renewal thereof, for which application is made, and shall run to the People of the State of Illinois, with surety by a bonding or insurance company authorized to do business in this State, to be approved by the Secretary of State. It shall be conditioned upon the proper transmittal of all remittances by the applicant as a remittance agent and the performance of all undertakings in connection therewith. It shall be in the minimum sum of $10,000, or in an amount equal to the aggregate sum of money transmitted to the State by the applicant during the highest 15 day period in the fiscal year immediately preceding the one for which application is made (rounded to the nearest $1,000), whichever is the greater. However, for the purpose of determining the bond requirements hereunder, remittances made by applicants in the form of money orders or checks which are made payable directly to the Secretary of State or the Illinois Department of Revenue by the remitter, shall not be considered in the aggregate. The bond requirement of this Section shall not apply to banks, savings and loan associations, and credit unions chartered by the State of Illinois or the United States; provided that the banks, savings and loan associations, and credit unions provide to the Secretary of State an affidavit stating that the bank, savings and loan association, or credit union is sufficiently bonded to meet the requirements as required above. Such affidavit shall be signed by an officer of the bank, savings and loan association, or credit union and shall be notarized.
(Source: P.A. 87‑206; 88‑470; 88‑643, eff. 1‑1‑95.)

    (625 ILCS 5/3‑906) (from Ch. 95 1/2, par. 3‑906)
    Sec. 3‑906. Denial.
    The Secretary of State shall deny any application under this Article upon any of the following grounds:
    (1) That the application contains any false or fraudulent statement; or
    (2) That the applicant has failed to furnish the information required by the Secretary or to file a bond as required; or
    (3) That the required fee has not been paid; or
    (4) That the applicant has failed to remit fees to the Secretary of State; or
    (5) That the applicant has engaged in fraudulent practices; or
    (6) That the applicant or a member of his immediate family is an employee of the Secretary of State; or
    (7) That the Secretary of State is authorized under any other provision of law.
    If the Secretary of State denies the application for a license, or renewal thereof, or revokes a license, he shall so order in writing and notify the applicant thereof by certified mail. Upon the denial of an application for a license, or renewal thereof, he shall return the license fee. No application shall be denied unless the applicant has had an opportunity for a fair hearing in connection therewith.
(Source: P. A. 77‑84.)

    (625 ILCS 5/3‑907) (from Ch. 95 1/2, par. 3‑907)
    Sec. 3‑907. Suspension or revocation.
    Such license may be suspended or revoked by the Secretary of State for the violation of any provision of this Act or any rule or regulation of the Secretary of State and for any reason which, had it existed or been known to the Secretary of State at the time of the filing of the application for such license, would have been good cause for the denial of such application. A licensee may, upon receipt of an order of suspension or revocation seek a hearing to review such order.
(Source: P. A. 77‑84.)

    (625 ILCS 5/3‑908) (from Ch. 95 1/2, par. 3‑908)
    Sec. 3‑908. Location.
    A licensee may not do business at a location not set forth in his license, but the Secretary of State may issue an amended license covering an additional location or locations, upon application therefor, the payment of an additional license fee and the posting of the required bond for each such location.
(Source: P. A. 76‑1705.)

    (625 ILCS 5/3‑909) (from Ch. 95 1/2, par. 3‑909)
    Sec. 3‑909. Money accepted for remittance ‑ Obligations of licensee.
    Each licensee shall forward to the remittee all money accepted for remittance not later than the fifth calendar day after the date upon which such money was received by the licensee, and shall promptly fulfill any other obligation it has undertaken in connection therewith.
(Source: P.A. 76‑1705.)

    (625 ILCS 5/3‑910) (from Ch. 95 1/2, par. 3‑910)
    Sec. 3‑910. Records of transactions.
    Each licensee shall maintain for a period of three years the following records with reference to each transaction involving a remittance:
    1. The address of the location at which the transaction occurred.
    2. The name and address of the remitter.
    3. The name and address of the remittee.
    4. The purpose of the remittance.
    5. The amount of money received for remittance.
    6. The date of receipt of the money for remittance by the licensee.
    7. The date such money was forwarded to the remittee.
    8. If applicable, the date the license plate, vehicle tax sticker, license or other instrument issued by the remittee, was delivered to the remitter by the licensee.
(Source: P. A. 76‑1705.)

    (625 ILCS 5/3‑911) (from Ch. 95 1/2, par. 3‑911)
    Sec. 3‑911. Examination of business.
    The Secretary of State or any of his representatives designated by him may examine the business of any person who acts, or may be acting, as a remittance agent, to determine whether such person is complying with the provisions of this Act and with such rules and regulations as may be promulgated by the Secretary of State pursuant to its provisions. For that purpose, the Secretary of State or his representatives shall have free access to the offices, places of business, and records of any such person.
(Source: P. A. 76‑1705.)

    (625 ILCS 5/3‑912) (from Ch. 95 1/2, par. 3‑912)
    Sec. 3‑912. Rules and regulations.
    The Secretary of State may make such rules, regulations, direction, orders, decisions and findings as may be necessary for the enforcement of this Act and the purposes sought to be attained herein.
(Source: P. A. 76‑1705.)

    (625 ILCS 5/3‑913) (from Ch. 95 1/2, par. 3‑913)
    Sec. 3‑913. Hearing ‑ Subpoenas. Hearings under this Article shall be governed by Section 2‑118 of this Act and the Administrative Review Law as amended, shall apply to and govern all proceedings for judicial review of any final order issued by the Secretary of State. For the purposes of this Act, the Secretary of State, or the hearing officer as hereinafter provided, has power to require by subpoena the attendance and testimony of witnesses, and the production of all documentary evidence relating to any matter under hearing pursuant to this Act, and shall issue such subpoenas at the request of an interested party. The hearing officer may sign subpoenas in the name of the Secretary of State.
    The Secretary of State may, in his discretion, direct that any hearing pursuant to this Act, shall be held before a competent and qualified agent of the Secretary of State, whom the Secretary of State shall designate as the hearing officer in such matter. The Secretary of State and the hearing officer are hereby empowered to, and shall, administer oaths and affirmations to all witnesses appearing before them. The hearing officer, upon the conclusion of the hearing before him, shall certify the evidence to the Secretary of State, and may make recommendations in connection therewith.
    Any Circuit Court of this State, within the jurisdiction of which such hearing is carried on, may, in case of contumacy, or refusal of a witness to obey a subpoena, issue an order requiring such witness to appear before the Secretary of State, or the hearing officer, or to produce documentary evidence, or to give testimony touching the matter in question, and any failure to obey such order of the court may be punished by such court as a contempt thereof.
(Source: P.A. 82‑783.)

    (625 ILCS 5/3‑914) (from Ch. 95 1/2, par. 3‑914)
    Sec. 3‑914. Violations ‑ Injunction. The violation of any provision of this Act by any remittance agent may be restrained by the issuance of an injunction by the circuit court, against him and any other person who shall aid or abet him in such violation, upon filing of a complaint by any person adversely affected thereby, the State's Attorney of such county, or by the Attorney General of the State of Illinois.
(Source: P.A. 79‑1358.)

    (625 ILCS 5/3‑915) (from Ch. 95 1/2, par. 3‑915)
    Sec. 3‑915.
    Any person who violates, or who aids or abets another in the violation, of any provision of this Act or any rule or regulation promulgated thereunder, or does any act prohibited by this Act, or who fails, neglects, or refuses to perform any duty required by any provision of this Act or rule or regulation of the Secretary of State, within the time prescribed by the Secretary of State, or who fails, neglects, or refuses to obey any lawful order given or made by the Secretary of State, shall be guilty of a Class B misdemeanor, and each such act, failure, neglect, or refusal shall constitute a separate and distinct offense.
(Source: P. A. 77‑2720.)

    (625 ILCS 5/3‑916) (from Ch. 95 1/2, par. 3‑916)
    Sec. 3‑916. Issuance of license ‑ Effect.
    The issuance of a license pursuant to the provisions of this Act shall not be construed to grant to any remittance agent the authority to act as agent for the State of Illinois or any of its instrumentalities or political subdivisions, or for any of their officials or for any other person.
(Source: P. A. 76‑1705.)

    (625 ILCS 5/3‑917) (from Ch. 95 1/2, par. 3‑917)
    Sec. 3‑917. Recovery of damages.
    Any person who shall have been damaged by reason of the failure of any "remittance agent" to fulfill the conditions of any bond filed pursuant to the provisions of this Act may maintain a suit thereon to recover his damages and his reasonable attorney's fees, against such "remittance agent" or his surety, or both: provided, however, the aggregate liability of the surety to all such persons shall, in no event, exceed the sum of such bond.
(Source: P.A. 76‑1705.)

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