38 Ill. Adm. Code 1075.600
Requirements
Section 1075
Section 1075.600
Requirements
a) No savings bank shall invest in or lend to a service
corporation, as defined in Section 1007.105 of the Act, unless the service
corporation has been approved by the Director.
b) Subpart F of this Part shall not apply to investments in
single purpose corporations authorized under Sections 1008(9) and 6009 of the
Act.
c) Savings banks may designate a service corporation or other
subsidiary as an operating subsidiary as follows:
1) Upon approval of the Director, a subsidiary of a savings bank that
is majority owned and controlled by the savings bank may be designated as an
operating subsidiary provided that the subsidiary engages solely in activities
that are permitted for a depository institution or an operating subsidiary of a
depository association.
2) An operating subsidiary shall be subject to the provisions of
this Subpart except that a savings bank's total investment, including equity
and debt securities and loans, in its first-tier operating subsidiary is not
limited by this Subpart. Loans made by the savings bank to its operating
subsidiary shall not be subject to Section 6013 of the Act.
3) Upon approval of the Director, a subsidiary of a first-tier operating
subsidiary may be designated as an operating subsidiary; provided that the
lower tier subsidiary is wholly-owned and controlled by the first-tier operating
subsidiary and engages solely in activities that are permitted for a depository
institution or an operating subsidiary of a depository association. The total
investment, including equity and debt securities and loans, by the savings bank
or its first-tier operating subsidiary in the wholly-owned and controlled
lower-tier operating subsidiary is not limited by this Subpart or Section 6013
of the Act.
4) The total investment, including equity and debt securities and
loans, by the savings bank and its first-tier operating subsidiary in a service
corporation or an operating subsidiary that is not wholly-owned and controlled
by the savings bank's first-tier operating subsidiary is subject to the same
limitations under this Subpart that apply to the savings bank's investment in a
service corporation that is not an operating subsidiary.
5) As used in this subsection (c):
"Subsidiary"
means a corporation, limited liability company, partnership, business trust,
joint venture, pool, syndicate or other similar business organization.
"Majority-owned"
means the savings bank owns more than 50% of the voting interest or equivalent
ownership interest of the subsidiary.
"Control"
means effective operating control.