When converting a joint CD to a joint money market account, do we need to obtain signatures from both account holders in order to create a joint tenancy with a right of survivorship? If so, is there an exception to that rule when the conversion from a CD to a money market account occurred only because the original offering bank was purchased by another bank?

Yes, both signatures are required in order to create a joint money market account with a right of survivorship. Under the Illinois Joint Tenancy Act, a joint deposit account with rights of survivorship requires a signed written agreement by all account owners. There is no exception to this rule for when accounts are created or converted following a bank merger or acquisition.

For resources related to our guidance, please see:

  • Joint Tenancy Act, 765 ILCS 1005/2(a) (“When a deposit in any bank or trust company transacting business in this State has been made or shall hereafter be made in the names of 2 or more persons payable to them when the account is opened or thereafter, the deposit or any part thereof or any interest or dividend thereon may be paid to any one of those persons whether the other or others be living or not, and when an agreement permitting such payment is signed by all those persons at the time the account is opened or thereafter the receipt or acquittance of the person so paid shall be valid and sufficient discharge from all parties to the bank for any payments so made.”)