Oregon Law
Law as of Jan 1, 2024
Chapter contents
708A.005Powers of institutions; insurance transactions; rules 708A.010Investments and activities of Oregon commercial banks 708A.115Investment in government obligations 708A.120Investment in stock of other entity; rules 708A.125Stock in corporations acquired to strengthen capital or eliminate undesirable assets 708A.130Definition for ORS 708A.135 to 708A.145 708A.135Investment in bank service corporation 708A.140Discrimination by bank service corporation prohibited against nonstockholding depository institution; permitted conduct 708A.145Authorized services of bank service corporations; sale of insurance; regulation of services 708A.150Community development corporations; authority to invest or organize; conditions; corporate form; functions 708A.155Investment in foreign banks 708A.160Corporation or limited liability company created to establish ATMs; banking institution as stockholder 708A.165Membership in Federal Reserve System; member bank, officers, directors and shareholders subject to duties and liabilities imposed by laws of this state 708A.170Securities powers 708A.175Right to purchase, hold and dispose of real and personal property 708A.180Acquisition of personal property for leasing purposes 708A.185Purchase of real estate contracts 708A.190Acceptance of drafts and bills of exchange; issuance of letters of credit; obligation for participation share in bills; rules 708A.195Disposition of real and personal property 708A.200[1997 c.631 §136; 2001 c.191 §53; 2001 c.377 §48; repealed by 2003 c.363 §16] 708A.210Challenge to validity of institution action; prohibition; exceptions 708A.250Lending money 708A.255Interest rates on loans or uses of money; late charges 708A.260Accepting own stock as collateral 708A.265Accepting stock of other institutions as collateral 708A.270Real estate loans 708A.275Establishment of loan production office; notice; fee 708A.290“Capital” defined for ORS 708A.290 to 708A.375 708A.295Limitations on amount of obligations to Oregon commercial bank; applicability 708A.300Obligations secured by readily marketable collateral 708A.305Obligations of other financial institutions 708A.310Obligations of indorser of discounted commercial paper 708A.315Noncommercial short-term notes 708A.320Obligations secured by shipping documents 708A.325Installment consumer paper 708A.330Bankers’ acceptances of other financial institutions 708A.335Obligations secured by documents covering readily marketable staples 708A.340Obligations secured by documents covering livestock 708A.345Obligations secured by government obligations or shares of mutual fund or unit trust 708A.350Obligations secured by government bonds 708A.355Insured and guaranteed obligations 708A.360Obligations secured by deposits 708A.365Obligations secured by life insurance policy values 708A.370Obligations secured by first lien on real estate 708A.375Obligations of guarantors 708A.400Deposit accounts 708A.405Deposits; FDIC insurance required 708A.410Savings accounts; conditions for withdrawal; interest rate; inadvertent overdraft 708A.415Securing deposits by surety bond, letter of credit or insurance 708A.420Notice to depositor upon change in terms, charges, withdrawal conditions or decrease in interest rate; exception 708A.425Deposit made in name of minor 708A.430Disposition of deposit on death of depositor 708A.435Adverse claim to deposit; notice; restraining order or other process; indemnity bond or letter of credit 708A.440Checks drawn by agents presumed to be in authorized manner 708A.445Checks of intoxicated, drugged or financially exploited persons 708A.450Certified checks 708A.455Definitions for ORS 708A.455 to 708A.515 708A.460Application of ORS 708A.465 to 708A.475; liability and setoff rights of financial institutions 708A.465Ownership of multiple-party accounts 708A.470Multiple-party accounts; disposition of deposit upon death of party or trustee; effect of will 708A.475Rights of survivorship based on form of account; alteration of form of account 708A.480Transfer of moneys upon death of depositor or trustee is not testamentary disposition 708A.485Payment of deposit in multiple-party account to one or more parties; institution not required to determine source or use of funds in account 708A.488Withdrawal or payment conditioned on advance notice 708A.490Joint account; payment to any party to account; payment to others 708A.495P.O.D. account; payment to any original party; payment to others 708A.500Trust account; payment to any trustee; payment to others 708A.505Discharge of institution from liability for payments made; conditions 708A.510Right of institution to setoff; amount 708A.515Designation of agent for account; powers of agent 708A.535Granting security interests in institution assets 708A.555Generally accepted accounting principles 708A.560Real and personal property used in institution’s business 708A.565Certain stock 708A.570Community development corporations 708A.575Market-making corporations 708A.580Capital-strengthening corporations 708A.585Claims and judgments as assets 708A.590Charging off real estate assets; use of generally accepted accounting principles 708A.595Charging off personal property assets 708A.600Charging off losses 708A.605Separate accounts for foreign branches 708A.630Negligent, excessive, dishonest or unlawful loans; civil liability of officer, director or employee 708A.635Written policies regarding reporting to and obtaining approval of board; duty to report 708A.640Receiving illegal compensation; misapplication of property and credit 708A.645Illegal guaranty or indorsement 708A.650Banking days; holidays 708A.655Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box 708A.660Savings promotion raffles; rules 708A.670Definitions for ORS 708A.670 and 708A.675 708A.675Authority of financial institutions in cases of suspected financial exploitation; notifications; limitation on liability 708A.680Contractual rights not restricted 708A.990Civil penalties 708A.995Criminal penalties

Chapter 708A — Regulation of Institutions Generally

ORS 708A.210 Challenge to validity of institution action; prohibition; exceptions

(1)

Except as provided in subsection (2) of this section, the validity of an institution’s action may not be challenged on the grounds that the institution lacks or lacked power to act.

(2)

An institution’s power to act may be challenged:

(a)

In a proceeding by a stockholder against the institution to enjoin the act;

(b)

In a proceeding by the institution, directly, derivatively or through a receiver, trustee or other legal representative, against an incumbent or former director, officer, employee or agent of the institution; or

(c)

By the Director of the Department of Consumer and Business Services.

(3)

In a stockholder’s proceeding under subsection (2)(a) of this section to enjoin an unauthorized act, the court may enjoin or set aside the act if equitable and if all affected persons are parties to the proceeding, and may award damages for loss other than anticipated profits suffered by the institution or another party because of enjoining the unauthorized act.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.