Oregon Revised Statutes

Chapter 714 — Branch Banking; Automated Teller Machines

55 sections

714.010 [Repealed by 1973 c.797 §428]repealed

No operative statutory text appears at this designation in the selected edition.

714.015 Branches not in compliance with ORS 714.025 to 714.079 prohibited

Banking institutions shall not establish or maintain branches except as expressly authorized in ORS 714.025 to 714.079 and 714.995.

714.020 [Repealed by 1973 c.797 §428]repealed

No operative statutory text appears at this designation in the selected edition.

714.025 Notice required to establish branches in Oregon or outside of Oregon; fee; rules

A banking institution may establish and operate one or more branches within or outside this state. Not later than 30 days before the board of directors of a banking institution establishes a branch, the banking institution shall file a notice with the Director of the Department of Consumer and Business Services that sets forth the name of the banking institu…

714.030 [Amended by 1973 c.797 §321; 1975 c.725 §17; 1993 c.229 §15; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.035 Mobile banking facilities

A banking institution may, in accordance with ORS 714.025, establish one or more mobile facilities to engage in the banking business or to transact trust business. Mobile banking facilities may operate within this state and in other states.

714.040 [Amended by 1971 c.68 §4; 1973 c.797 §322; 1975 c.544 §40a; 1977 c.135 §26; 1993 c.255 §2; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.045 Establishment of foreign branches; furnishing information; examination; rules

A banking institution may establish branches in foreign countries or dependencies or insular possessions of the United States in accordance with ORS 714.025 if it possesses stockholder’s equity of at least $1 million. A banking institution operating such branches shall furnish information concerning the condition of the branches to the Director of the Depar…

714.049 Investigating notices; soliciting comments

The Director of the Department of Consumer and Business Services shall investigate each notice that a banking institution files under ORS 714.025. With respect to notices for branches that the banking institution will locate outside this state, the director shall promptly provide the local bank supervisory agency or regulator with a copy of the notice and an…

714.050 [Amended by 1973 c.797 §323; repealed by 1979 c.826 §1]repealed

No operative statutory text appears at this designation in the selected edition.

714.054 Limiting or restricting banking institution’s ability to establish branch

With respect to notices to establish branches in this state or another state, the Director of the Department of Consumer and Business Services may limit or restrict a banking institution’s ability to establish a branch, except that the director’s failure to limit or restrict the banking institution’s ability to establish the branch within 30 days after recei…

714.055 [1973 c.797 §324; repealed by 1979 c.826 §1]repealed

No operative statutory text appears at this designation in the selected edition.

714.059 Certificate authorizing branch to conduct business

At a banking institution’s request, the Director of the Department of Consumer and Business Services shall issue and deliver a certificate to authorize each branch for which the banking institution has given notice under ORS 714.025 to conduct business.

714.060 [Amended by 1973 c.797 §325; 1985 c.12 §7; 1993 c.229 §16; 1993 c.255 §3; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.064 Time to commence business

A branch shall commence business within one year after the banking institution files notice with the Director of the Department of Consumer and Business Services under ORS 714.025. The director may extend for one additional year the period within which the banking institution may establish the branch. If a branch fails to commence business within the year or…

714.065 [1973 c.797 §326; repealed by 1975 c.193 §13]repealed

No operative statutory text appears at this designation in the selected edition.

714.069 Activities and powers at branches outside this state

A banking institution may exercise the same powers and engage in the same activities at a branch or branches located in states outside this state as are permitted the banking institution within this state. A banking institution may exercise the same powers and engage in the same activities at a branch or branches located in foreign countries and dependencie…

714.070 [Repealed by 1973 c.797 §428]repealed

No operative statutory text appears at this designation in the selected edition.

714.075 Reports of deposits held at branches

Upon the call for a report of condition by the Director of the Department of Consumer and Business Services: Each Oregon commercial bank and Oregon savings bank shall report to the director the total deposits held at each of its branches; and Each non-Oregon institution and each federal bank that in either case holds deposits of the State of Oregon or any …

714.079 Closure and relocation of branches

A banking institution may close and relocate branches provided the banking institution provides the Director of the Department of Consumer and Business Services with a copy of any notice required under 12 U.S.C. 1831r-1(a), or comparable federal law, at the time and in the form required by such law or laws.

714.080 [Amended by 1973 c.797 §327; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.090 [Amended by 1971 c.68 §5; repealed by 1973 c.797 §428]repealed

No operative statutory text appears at this designation in the selected edition.

714.095 Establishment of branches by out-of-state banks in this state; powers and activities at branches

An out-of-state bank may occupy and maintain the out-of-state bank’s initial branches in this state if and only if the out-of-state bank acquires the branches in accordance with ORS chapters 711 and 713. An out-of-state bank that is properly occupying and maintaining one or more branches in this state in accordance with ORS chapters 711 and 713 may thereaft…

714.100 [Amended by 1963 c.195 §11; 1969 c.360 §1; 1973 c.797 §328; repealed by 1993 c.255 §4]repealed

No operative statutory text appears at this designation in the selected edition.

714.105 Establishment of branches by extranational institutions in this state; powers and activities at branches

An extranational banking institution may occupy and maintain branches in this state as permitted by ORS chapter 713 and applicable federal law. An extranational banking institution may exercise powers and engage in activities at branches located in this state as permitted by ORS chapter 713 and applicable federal law.

714.110 [Amended by 1973 c.797 §329; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.120 [Repealed by 1963 c.402 §11]repealed

No operative statutory text appears at this designation in the selected edition.

714.130 [Amended by 1973 c.797 §330; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.133 [1993 c.229 §18; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.135 [1993 c.229 §19; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.140 [Amended by 1973 c.797 §331; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.150 [Amended by 1973 c.797 §332; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.160 [Amended by 1973 c.797 §333; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.170 [Amended by 1973 c.797 §334; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.180 [1991 c.31 §2; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.200 [1975 c.193 §11; 1985 c.762 §45; 1993 c.381 §1; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.205 Disclosure of fees for ATM transaction; method; rules

If the operator of an ATM charges a fee to any person to use the ATM, the operator shall disclose to persons using the ATM that a fee will be imposed for the ATM transaction. Subject to subsection (3) of this section, the disclosure required under subsection (1) of this section shall be made electronically during the ATM transaction and shall allow the pers…

714.210 Use of ATMs; verification; application of branch banking law

A banking institution, through its own facilities or those of an entity described in ORS 708A.160, may make available for use by its customers and others one or more ATMs. Every transaction initiated through an ATM shall be subject to verification by the banking institution either by direct wire transmission or otherwise. ORS 714.025 does not apply to the e…

714.220 [1975 c.193 §4; 1993 c.381 §3; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.230 [1975 c.193 §5; repealed by 1989 c.245 §1]repealed

No operative statutory text appears at this designation in the selected edition.

714.240 [1975 c.193 §6; 1979 c.810 §1; 1989 c.245 §2; 1993 c.381 §4; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.250 [1975 c.193 §7; 1979 c.810 §2; 1993 c.381 §5; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.260 [1975 c.193 §8; 1993 c.381 §6; repealed by 1997 c.631 §567]repealed

No operative statutory text appears at this designation in the selected edition.

714.270 Prohibitions on use of ATM for banking information

No person shall use or attempt to use an ATM facility for the purpose of obtaining any information concerning an account or line of credit other than the person’s own account or line of credit without the prior approval of an authorized signer on the account or line of credit. No person having received prior approval of the customer shall utilize such author…

714.280 Legislative intent of ATM and night deposit facility law

It is the intent of the Legislative Assembly in enacting ORS 714.280 to 714.315 to enhance the safety of consumers using ATMs and night deposit facilities in Oregon without discouraging the siting of ATMs and night deposit facilities in locations convenient to consumers’ homes and workplaces. Since decisions concerning safety at ATMs and night deposit facili…

714.285 Adoption of procedures for evaluating safety of ATM or night deposit facilities

Before installing any ATM or night deposit facility, the operator shall adopt procedures for evaluating the safety of the ATM or night deposit facility. For ATMs and night deposit facilities installed on or before July 1, 1994, operators shall adopt procedures not later than July 1, 1994. The procedures shall include a consideration of the following: The ex…

714.290 Deadlines for compliance with ORS 714.295

Each operator of an ATM or night deposit facility installed after July 1, 1994, shall comply with ORS 714.295. Compliance with ORS 714.295 by operators of ATMs and night deposit facilities existing on or before July 1, 1994, shall be optional until July 1, 1996, and mandatory thereafter. This section shall apply to an operator of an ATM or night deposit faci…

714.295 Lighting requirements for ATMs and night deposit facilities

The operator, owner or other person responsible for the ATM or night deposit facility shall provide lighting during hours of darkness for an open and operating ATM or night deposit facility and any defined parking area, access area and the exterior of an enclosed ATM or night deposit facility installation according to the following standards: There shall be…

714.300 Issuance of safety information to customers of ATMs and night deposit facilities

The issuers of access devices shall furnish customers receiving the devices with notices of basic safety precautions which customers should employ while using an ATM or night deposit facility. This information shall be furnished by personally delivering or by mailing the information to each customer whose mailing address as to the account to which the access…

714.305 Exempted ATMs and night deposit facilities

The requirements of ORS 714.280 (2) and 714.285 to 714.295 shall not apply to any ATM or night deposit facility that is: Located inside of a building, unless it is a freestanding installation that exists for the sole purpose of providing an enclosure for the ATM or night deposit facility. Located inside of a building, except to the extent that a transactio…

714.310 Preemption of local regulation

ORS 714.210 to 714.315 supersede and preempts all rules, regulations, codes, statutes or ordinances of all cities, counties, municipalities and local agencies regarding customer safety at ATMs or night deposit facilities located in Oregon.

714.315 Creation of rebuttable presumption

Compliance with ORS 714.280 to 714.300 shall create a rebuttable presumption that the operator of the ATM or night deposit facility in question has provided adequate measures for the safety of users of the ATM or night deposit facility.

714.990 [Repealed by 1973 c.797 §428]repealed

No operative statutory text appears at this designation in the selected edition.

714.992 Criminal penalty

Violation knowingly of ORS 714.270 is a Class C felony.

714.995 Civil penalty

Each day a banking institution operates a branch with respect to which the banking institution has not filed notice with the Director of the Department of Consumer and Business Services under ORS 714.025, the banking institution is subject to a penalty of up to $1,000. The penalty shall be assessed and collected as prescribed in ORS 706.570 (3). ___________…