We are not aware of any Illinois law that requires individuals who view the contents of a safe deposit box to sign an access card.

However, with respect to a person who is not an authorized signer viewing the contents of a safe deposit box, we believe the person should be logged by the bank when they are accompanying an authorized signer into the viewing room. The OCC’s Comptroller’s Handbook provides that banks “should use controls to provide certainty that only the safe deposit box customer and other authorized persons have access to and the ability to remove items from the box.” Such controls include maintaining “a log listing the date, time, and names of persons accessing the vault and individual safe deposit boxes.”

Notably, with respect to opening a safe deposit box account, the Comptroller’s Handbook states that “all persons authorized by the customer to access the box should sign a signature card or an agreement.” However, we do not believe this statement would extend to a visitor accompanying an authorized signer after an account has been opened.

Consequently, we believe it would be prudent to maintain a log of all persons who enter the viewing room when accessing a safe deposit box. Whether you also should require signatures from such persons on an access card is a business decision for your bank, based on your policies and procedures.

For resources related to our guidance, please see:

• Comptroller’s Handbook — Consigned Items and Other Customer Services  p. 5 (“The bank should use controls to provide certainty that only the safe deposit box customer and other authorized persons have access to and the ability to remove items from the box. The bank should have privacy rooms or areas available outside of the vault for the customer and other authorized persons to view the box’s contents. The bank may defend itself against a claim of unauthorized access or missing items by demonstrating that the bank and its employees complied with the bank’s established controls. The two primary controls are dual control and authorized signature.”)

• Comptroller’s Handbook — Consigned Items and Other Customer Services  p. 1 (“Banks often provide customer services that are not related to loan or deposit products. These customer services include consigned items . . . and other customer services (rentals of safe deposit boxes, messenger services, and limited services in relation to lotteries). . . . To provide prudent oversight, banks should have a risk management framework that includes effective control systems, such as comprehensive policies, procedures, and audit coverage.”)

• Comptroller’s Handbook — Consigned Items and Other Customer Services  p. 5 (“Authorized signature: When a customer opens a safe deposit account, all persons authorized by the customer to access the box should sign a signature card or an agreement. The bank should use standard measures of care to identify the customer (or authorized persons) and allow only those persons to access the box. The bank should maintain a log listing the date, time, and names of persons accessing the vault and individual safe deposit boxes.”)