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Can we charge dormancy fees on inactive accounts? – IBA Compliance Connection

Can we charge dormancy fees on inactive accounts?

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Illinois law permits a bank to determine an appropriate dormancy fee in accordance with the bank’s prudent business judgment and safe and sound operating standards. 205 ILCS 5/5e(b). Further, the Uniform Disposition of Unclaimed Property Act [Repealed effective 1/1/18] allows the bank to withhold any lawful charges, including dormancy fees, from abandoned property.  765 ILCS 1025/2(a) [Repealed effective 1/1/18]. (The regulations set out specific requirements that banks must meet before withholding such charges from unclaimed property they are required to remit to the state. 74 Ill. Adm. Code 760.60.) To the best of our knowledge, Illinois law does not limit the amount that a bank may charge as a dormancy fee.