One of our branches has frequent power outages, generally lasting for less than two hours. Our policy is to close a branch when it has no power. If we notify the IDFPR for each outage, we may be notifying them two or more times per month. Is there a de minimis time period for which we do not have to report a branch closing?

Yes, your bank must contact the IDFPR and post a notice for the temporary closing of a branch due to a power outage.

Illinois’ Banking Emergencies Act requires a state bank to notify the Secretary of the IDFPR as promptly as possible when experiencing an emergency that requires the bank or a branch to close. Notice of the closing and the IDFPR’s proclamation should be posted on the bank’s main entrance doors. We confirmed with the IDFPR’s Division of Banking that these requirements apply to temporary closings, even if a closing lasts just an hour or two.

For resources related to our guidance, please see:

  • Banking Emergencies Act, 205 ILCS 610/2(a) (“The Commissioner during an emergency or while an impending emergency exists, which affects, or may affect, a particular bank or banks, or a particular office or offices thereof, but not banks located in the area generally of the said county or municipality, may authorize the particular bank or banks, or office or offices so affected, to close. The office or offices so closed shall remain closed until the Commissioner is notified by a bank officer of the closed bank that the emergency has ended. The Commissioner shall notify, at such time, the officers of the bank that one or more offices, heretofore closed because of the emergency, should reopen and, in either event, for such further time thereafter as may reasonably be required to reopen.”)
  • Banking Emergencies Act, 205 ILCS 610/3 (“A bank closing an office or offices pursuant to the authority granted herein under this Act shall give as prompt notice of its action as conditions will permit and by any means available, to the Commissioner, or in the case of a national bank, to the Comptroller of the Currency. In addition the bank shall post notice of the temporary closing and the authorization for the closing on the main entrance doors of the bank affected.”)
     
  • Banking Emergencies Act, 205 ILCS 610/1 (“‘Commissioner’ means . . . the Secretary of Financial and Professional Regulation.”)