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Division of Banking

Non-Bank Owned ATMs Frequently Asked Questions

Q. What is a Non-Bank Owned ATM?

A. An Automated Teller Machine Owned by Non-Financial Institution is a cash-dispensing only ATM that is owned by a ‘person’. These types of ATMs cannot accept deposits.

Q. Who can own a Non-Bank Owned ATM?

A. A ‘person’ (other than a bank or an affiliate of a bank) may establish or own, in whole or in part, a cash-dispensing terminal provided that the person establishing or owning the terminal shall file a notice of establishment or ownership of a terminal with the Commissioner with the within 60 days after the establishment of or acquisition of ownership interest in the terminal and file annually with the Commissioner thereafter (Electronic Fund Transfer Act 616/30 (b)).


A ‘person’ is defined as a natural person, corporation, unit of government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association (Electronic Fund Transfer Act 616/10).

Q. What are the rights and responsibilities of an Owner of a Non-Bank Owned or a Cash-Dispensing Only ATM?

A. An owner of a Cash-Dispensing Only ATM(s) has the commercial right to own as many ATMs as desired and locate them virtually anywhere.


State Laws. An owner of a Cash-Dispensing Only ATM(s) has the responsibility to comply with Act 616 -- Electronic Fund Transfer Act, which establishes basic terminal requirements.


Terminal Requirements. According to Section 50 of the Electronic Fund Transfer Act, every terminal or ATM established in this state must meet the following requirements.

  1. Terminal must accept only access devices (card, cord, or other means of access to an account) that conform to generally accepted specifications.
  2. No terminal shall exist that does not accept only access devices that conform to generally accepted specifications.
  3. A terminal must display a logotype or identification symbol so the customer may know if his or her access device may activate the terminal.
  4. A terminal may only display products and services that may be offered at the terminal itself
  5. A surcharge may be imposed if the surcharge is clearly disclosed to the consumer both by a sign on the ATM and electronically on the terminal screen.
  6. A receipt given at the ATM must bear certain information
  7. The terminal must encrypt the transaction of a consumer upon transmission and data processors are not allowed to accept or forward any transaction unless the access code is encrypted when received by the data processor.


An owner of a Cash-Dispensing Only ATM(s) has the responsibility to comply with Act 695 -- Automated Teller Machine Security Act, which requires that an ATM operator comply with certain safety requirements (i.e. lighting) concerning the establishment and maintenance of ATMs in Illinois.


Safety Requirements. According to Section 10 and 15 of the Automated Teller Machine Security Act, the safety requirements deal with

  1. The proper lighting of parking lots and sidewalks specifically used to conduct ATM transactions
  2. The proper lighting of an open and operating ATM machine


The bank that issues an access device (ATM card) to customers must furnish customers with a notice of basic safety precautions that the customer should employ while using an automated teller machine.


Federal EFT Law and Regulation E. An ATM establisher in this state must comply with the federal law and regulation dealing with automated teller machines. Section 55 of Illinois’ EFT ACT, 205 ILCS 616/55, adopts as part of Illinois law the federal EFT which was promulgated pursuant to the federal EFT.


It is the purpose of the Act and the Federal Reserve Board Regulation to provide a basic framework establishing the rights, liabilities, and responsibilities of participants in electronic fund transfer systems. The primary objective of the Act and the Federal Reserve Board Regulation, however, is the provision of individual consumer rights.