(1) Any banking association which has been in existence for a period of not less than 2 years may create a risk retention trust for the pooling of risks in order to provide casualty coverage authorized under Section 5 of the Illinois Banking Act, as now or hereafter amended, for its member banks. Such trust shall be administered by at least 3 trustees who are appointed by the trust sponsor and who represent association member banks which have agreed in writing to participate in the trust. (2) The trustees shall appoint a qualified administrator who shall administer the affairs of the risk retention trust. (3) The trustees shall retain a licensed service company to perform claims adjusting, loss control and data processing. (4) The trust sponsor, the trustees and the trust administrator shall be fiduciaries of the trust. (5) Any trust created under this Article shall be consummated by a written trust agreement and shall be subject to the laws of this State governing the creation and operation of trusts, to the extent not inconsistent with this Article.
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