Sec. 83. Compliance review.

424 words·~2 min read·/il/chapter-205/act-5/83

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 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 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 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.