Q. |
What
is a Seller or Distributor of Checks? |
A. |
Have you ever received in the mail an advertisement to
buy checks from a company or person? This is a Seller or Distributor of
Checks or a Check Printer. A Check Printer is a company or person (not a
bank) who sells or distributes checks to consumers. Consumers may use
these checks - just like the checks banks sell - to draw against funds
held by a financial institution in a consumer-deposit account, such as a
checking or savings account. |
Q. |
What
are the rights and responsibilities of a Check Printer? |
A. |
Check Printers have the commercial ability or right to
advertise and sell checks to consumers and businesses in Illinois as long
as they comply with the Act
690 -- Check Printer and Check Number Act.
One of the Check
Printers’ most significant responsibilities is to verify that a new
customer to the Check Printer is who he says he is. Before a Check Printer
delivers any order of checks to a new customer, the Check Printer must
verify the accuracy of that person’s
1. Name 2. Street Address 3. City 4. State 5.
Account Number Acceptable forms or ways for a Check Printer to
verify that a consumer is who he says he is would be to obtain
1. A copy of the consumer’s account agreement with his or
her financial institution 2. A recent account statement issued by the
financial institution to the consumer 3. A letter or verbal response
from the financial institution verifying the account information 4. A
copy of the Magnetic Ink Character Recognition specification sheet from
the financial institution A Check Printer who does not follow
the verification procedures is liable for a fine of $1,000 dollars per
offense.
Check Printers are also required to sell checks to
consumers that are in compliance with the requirements of Section 3-104 of
the Uniform Commercial Code (810 ILCS 5/3-104).
|
Q. |
How
does one become a Seller or Distributor of Checks? |
A. |
New Check Printers
If a person or company
desires to establish a Check Printer business and sell checks to Illinois
consumers, then before any checks are sold the Check Printer must do the
following according to the Act
690 -- Check Printer and Check Number Act
Previously Existing Check
Printers
Existing Check Printers who sell checks to consumers
in other states and would like to sell checks to consumers in Illinois
must register with the Illinois Department of Financial and Professional
Regulation according to the Act
690 -- Check Printer and Check Number Act and annual register
thereafter. A Check Printer must also procure a surety bond in the
principal sum of no less than $10,000 from a bonding company authorized to
do business in this State.
|
Q. |
How
do I find an insurance company that is authorized by the State of Illinois
to issue surety bonds? |
A. |
The Department of Insurance regulates insurance companies
in Illinois and maintains a list of property and casualty companies
registered to do business in Illinois and are authorized to issue surety
bonds in Illinois under 215 ILCS 5/4 Class 2, Clause G. You may request
a list of these companies from the Department of Insurance, Corporate
Regulation Section:
Phone: 217-782-1757 Fax:
217-524-2271
|
Q. |
I
am a Check Printer and my surety bond is being cancelled. What do I need
to do? |
A. |
In summary, you must do two things as soon as possible if
your surety bond is being cancelled:
1. Procure or receive a new
surety bond before the effective date of the cancellation of your old
surety bond.
2. Fax or mail proof of your new surety bond to the Division of Banking,
Compliance Reporting Section
From time to time, an insurance company will cancel a Check
Printer's surety bond that is payable to any party injured due to a
business decision of the surety bond company or because the surety bond
company is closing or is no longer authorized by the State of Illinois to
issue surety bonds.
If a surety bond is being cancelled, a Check
Printer is required by law to procure or receive a new surety bond before
the effective date of the cancellation of your old surety bond. You must
have a surety bond at all times. You may want to read How do I find an
insurance company that is authorized by the State of Illinois to issue
surety bonds?
The Check
Printer and Check Number Actstates the following in Section
25:
A registrant shall maintain at all times a surety bond
procured by the registrant and issued by a bonding company authorized to
do business in this State in a principal sum of no less than $10,000. The
bond shall be for any liability incurred by the registrant resulting from
a judgment entered for any violation of this Act, including damages
awarded in actions brought pursuant to Section 35. At the time of each
registration, the registrant shall file with the Commissioner proof of
such surety bond.
Division of Banking
ATTN: Compliance Reporting
Section
320 West Washington Street
Springfield, IL
62786
|
Q. |
If
I sell or dissolve my Check Printer business, how do I let IDFPR know? |
A. |
If you sell or dissolve your check printer business, all
you have to do is notify this office via a correspondence. Please send a
correspondence to the following address:
Division of Banking
ATTN: Compliance Reporting Section
320 West Washington Street
Springfield, IL
62786
and in the
correspondence include at least the following items:
1) the
effective date of the transaction between seller and
buyer
or
the effective date you ceased check
printing/selling activity
2) if you sold your business, the parties
involved in the transaction and their addresses.
3) if you sold
your business, the contact person of the buyer and what is his/her
telephone number, fax number (if you have it), and email address (if you
have it).
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