We believe that non-bank ATMs must be registered with the Illinois Department of Financial and Professional Regulation by the businesses that “establish or own, in whole or in part,” the ATMs. 205 ILCS 616/30(B)see also the IDFPR’s Non-Bank Owned ATMs Frequently Asked Questions and Notice of Establishment or Ownership of a Cash Dispensing Terminal (.doc).

The fact that a business has leased an ATM from an out-of-state company does not exempt it from the registration requirement. We discussed this issue with staff at the IDFPR. She said that the IDFPR requires a business to register an ATM if it owns or “establishes” an ATM, meaning that (1) the ATM is placed on the business’s premises and (2) the business receives financial gain from the ATM. There is no fee for the registration process, and generally the Department does not impose civil penalties for tardy registrations (though it does have the power to impose penalties of $1,000­–10,000).