Under the new Illinois Revised Unclaimed Property Act (Illinois RUUPA), in order not to consider an account abandoned because the owner has other accounts with the bank, must all the accounts be titled in the same way?

No, the Illinois RUUPA does not require bank accounts to be titled in the same way.

As under previous Illinois law, certain activities on one bank account can be treated as activity on all other accounts held by the same owner at the same bank. There are certain conditions that apply — for example, the accounts must share the same mailing address on the bank’s books and records — but there are no requirements as to account titling.

For resources related to our guidance, please see:

  • Illinois RUUPA, 765 ILCS 1026/15-210(f) (“If the apparent owner has another property with the holder to which Section 201(6) applies, then activity directed by an apparent owner in any other accounts, including loan accounts, at a financial organization holding an inactive account of the apparent owner shall be an indication of interest in all such accounts if: (A) the apparent owner engages in one or more of the following activities:

(i) the apparent owner undertakes one or more of the actions described in subsection (b) of this Section regarding any account that appears on a consolidated statement with the inactive account;

(ii) the apparent owner increases or decreases the amount of funds in any other account the apparent owner has with the financial organization; or

(iii) the apparent owner engages in any other relationship with the financial organization, including payment of any amounts due on a loan; and

(B) the foregoing apply so long as the mailing address for the apparent owner in the financial organization’s books and records is the same for both the inactive account and the active account.”)