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Are there any Illinois laws that require us to provide check images to our customers? We currently provide images of all checks paid in our periodic account statements, but we would like to eliminate the cost of printing check images. – IBA Compliance Connection

Are there any Illinois laws that require us to provide check images to our customers? We currently provide images of all checks paid in our periodic account statements, but we would like to eliminate the cost of printing check images.

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No, we are not aware of any Illinois laws that require banks to provide check images in deposit account statements.

The Uniform Commercial Code (UCC) requires bank statements to include “information sufficient to allow the customer to identify the items paid.” However, that UCC requirement is met if a bank’s statements describe each check “by item number, amount, and date of payment.” Additionally, the UCC requires that banks “maintain the capacity to furnish legible copies of items until the expiration of 7 years after receipt of the items,” but the legible copies need only be made available on request.

For resources related to our guidance, please see:

  • UCC, 810 ILCS 5/4-406(a) (“A bank that sends or makes available to a customer a statement of account showing payment of items for the account shall either return or make available to the customer the items paid or provide information in the statement of account sufficient to allow the customer to identify the items paid. The statement of account provides sufficient information if the item is described by item number, amount, and date of payment.”)

  • UCC, 810 ILCS 5/4-406(b) (“If the items are not returned to the customer, the person retaining the items shall either retain the items or, if the items are destroyed, maintain the capacity to furnish legible copies of the items until the expiration of 7 years after receipt of the items. A customer may request an item from the bank that paid the item, and that bank must provide in a reasonable time either the item or, if the item has been destroyed or is not otherwise obtainable, a legible copy of the item.”)

  • UCC Official Comments, Section 4-406, Comment 3 (“ . . . Under subsection (b) retaining banks may destroy items but must maintain the capacity to furnish legible copies for seven years. A legible copy may include an image of an item. . . .”)