755 ILCS 32/20: Duties of the holder of the property.
Where this section sits in the code
- CHAPTER 755 ESTATES
- Charitable Organization Beneficiary Act.
(This Section may contain text from a Public Act with a delayed effective date)
(a) Unless a court has ordered otherwise, the holder of the property may not do any of the following:
(1) require the charitable organization to establish an account with the holder of the property or otherwise become a customer of the holder of the property;
(2) require co-beneficiaries to submit claims simultaneously or impose coordination deadlines among co-beneficiaries; or
(3) delay payment to any co-beneficiary if other co-beneficiaries have not submitted their claim documentation, except where a security registered in beneficiary form is not readily divisible among multiple beneficiaries and a co-beneficiary has not waived the co-beneficiary's right to a partial share. In such a case, the holder of the property and the charitable organization shall make reasonable efforts to resolve divisibility concerns.
(b) The holder of the property may not request any additional personal information from any individual employed by or serving on the board of the charitable organization, including, but not limited to, any of the following:
(1) social security number;
(2) personal contact information, including home address;
(3) personal financial information;
(4) date of birth;
(5) annual income;
(6) value of personal assets;
(7) credit checks;
(8) criminal background checks;
(9) marital status;
(10) number of dependents;
(11) spouse's maiden name; or
(12) government-issued identification card, such as a passport, state identification card, or driver's license, provided that if an individual delivers or presents an affidavit under Section 15 for the purpose of claiming or receiving property, the holder of the property may request presentation of an unexpired government-issued identification bearing a photograph or similar safeguard solely to verify the identity of the individual presenting the affidavit and the individual's authority to act on behalf of the charitable organization.
(c) Nothing in this Section prohibits a charitable organization from affirmatively requesting the establishment of a new account with the holder of the property; only upon such affirmative request may the holder of the property require the minimum necessary information contained in subsection (b) and as required by federal law or regulation and the holder's internal account opening policies and procedures to facilitate account establishment.
(d) If the holder of property maintains it is prohibited from paying, delivering, or transferring the property listed under a beneficiary designation to a charitable organization in compliance with this Act due to requirements under federal law, the holder of the property shall:
(1) explain in writing the reason why the property cannot be paid, delivered, or transferred to the charitable organization; and
(2) make good faith efforts in order to facilitate payment, delivery, or transfer of the property in compliance with this Act.
(e) Nothing in this Act alters the responsibilities or duties of the beneficiary or holder of the property under the Revised Uniform Unclaimed Property Act or the Illinois Trust and Payable on Death Accounts Act or federal law or regulation.
Collected 2026-09-15T04:46:44Z. Source file · JSON