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Does Illinois prohibit charging dormancy fees on minor accounts? – IBA Compliance Connection

Does Illinois prohibit charging dormancy fees on minor accounts?

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Under Section 45.1 of the Illinois Banking Act, the same rules and regulations that apply to an account held by an adult apply to an account held by a minor. 205 ILCS 5/45.1. And, 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 Further, the Uniform Disposition of Unclaimed Property Act [Repealed effective 1/1/18] allows the bank to withhold any lawful charges, including dormancy fees agreed to by the customer, from abandoned property. 765 ILCS 1025/2(a) [Repealed effective 1/1/18].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.)