Illinois Code § 735 ILCS 5/12-631

Definitions.
Open in Lexace · Ask the AI about this section
In this Act:

 
(1) "Action" means a judicial proceeding or arbitration in which a
payment in money may be awarded or enforced with respect to a foreign-money
claim.

 
(2) "Bank-offered spot rate" means the spot rate of exchange at which a
bank will sell foreign money at a spot rate.

 
(3) "Conversion date" means the banking day next preceding the date on
which money, in accordance with this Act, is:

 
 
(i) paid to a claimant in an action or distribution 
 
proceeding;

 
 
(ii) paid to the official designated by law to 
 
enforce a judgment or award on behalf of a claimant; or

 
 
(iii) used to recoup, set-off, or counterclaim in 
 
different moneys in an action or distribution proceeding.

 
(4) "Distribution proceeding" means a judicial or nonjudicial proceeding
for the distribution of a fund in which one or more foreign-money claims is
asserted and includes an accounting, an assignment for the benefit of
creditors, a foreclosure, the liquidation or rehabilitation of a
corporation or other entity, and the distribution of an estate, trust,
or other fund.

 
(5) "Foreign money" means money other than money of the United States
of America.

 
(6) "Foreign-money claim" means a claim upon an obligation to pay, or a
claim for recovery of a loss, expressed in or measured by a foreign money.

 
(7) "Money" means a medium of exchange for the payment of obligations or
a store of value authorized or adopted by a government or by
inter-governmental agreement.

 
(8) "Money of the claim" means the money determined as proper pursuant
to Section 12-634.

 
(9) "Person" means an individual, a corporation, government or
governmental subdivision or agency, business trust, estate, trust, joint
venture, partnership, association, 2 or more persons having a joint or
common interest, or any other legal or commercial entity.

 
(10) "Rate of exchange" means the rate at which money of one country may
be converted into money of another country in a free financial market
convenient to or reasonably usable by a person obligated to pay or to state
a rate of conversion. If separate rates of exchange apply to different
kinds of transactions, the term means the rate applicable to the particular
transaction giving rise to the foreign-money claim.

 
(11) "Spot rate" means the rate of exchange at which foreign money is
sold by a bank or other dealer in foreign exchange for immediate or next
day availability or for settlement by immediate payment in cash or
equivalent, by charge to an account, or by an agreed delayed settlement not
exceeding 2 days.

 
(12) "State" means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or a territory or insular
possession subject to the jurisdiction of the United States.

proceeding;
enforce a judgment or award on behalf of a claimant; or
different moneys in an action or distribution proceeding.

‹ Prev All Illinois sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.