205 ILCS 620/5-10.5

Current through Public Act 103-1052

Section 205 ILCS 620/5-10.5 - Disclosure of records

A corporate fiduciary may not disclose to any person, except to the customer or the customer's duly authorized agent, any records pertaining to the fiduciary relationship between the corporate fiduciary and the customer unless:

(1) the instrument or court order establishing the fiduciary relationship permits the record to be disclosed under the circumstances;

(2) applicable law authorizes the disclosure;

(3) disclosure by the corporate fiduciary is necessary to perform a transaction or act that is authorized by the instrument or court order establishing the fiduciary relationship ; or

(4) Section 48.1 of the Illinois Banking Act would permit a bank to disclose the record to the same extent under the circumstances.

For purposes of this Section, "customer" means the person or individual who contracted to establish the fiduciary relationship or who executed any instrument or document from which the fiduciary relationship was established, a person authorized by the customer to provide such direction or, if the instrument, law, or court order so permits, the beneficiaries of the fiduciary relationship.

205 ILCS 620/5-10.5

Amended by P.A. 099-0642,§ 265, eff. 7/28/2016.

P.A. 89-364, eff. 8-18-95.