justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 723 — Credit Unions

ORS 723.752. Application of tax statutes to credit unions. Any credit union subject to this chapter shall be deemed an institution for savings within the meaning of the law that exempts such institutions from taxation. No law, except as stated in this section, that taxes corporations in any form, or the shares thereof or the accumulations therein, shall apply to credit unions doing business in accordance with this chapter unless the credit unions are specifically named in the law.
ORS Chapter 723 — Credit Unions

ORS 723.756. Stock transfer taxes. The shares of any credit union shall not be subject to stock transfer taxes, either when issued or when transferred from one member to another.
ORS Chapter 723 — Credit Unions

ORS 723.762. Participation in government programs. The participation by a credit union in any government program providing unemployment, Social Security, old age pension or other benefits shall not be deemed a waiver of the taxation exemption hereby granted.
ORS Chapter 723 — Credit Unions

ORS 723.802. [1975 c.652 80; repealed by 1985 c.762 196] MISCELLANEOUS
ORS Chapter 723 — Credit Unions

ORS 723.806. Notice to law enforcement officers of violation of Oregon Credit Union Act; exceptions. If the Director of the Department of Consumer and Business Services has reason to believe that a person has violated any provision of the Oregon Credit Union Act for which criminal prosecution is provided, the director shall give the information relative to the violation to the federal, state or local law enforcement agency having jurisdiction of the violation. This section does not apply, however, if an official of the credit union has reported the information to the proper law enforcement officer under ORS 723.338.
ORS Chapter 723 — Credit Unions

ORS 723.812. Actions; assistance. The Attorney General shall conduct all actions begun by the Director of the Department of Consumer and Business Services under authority of the Oregon Credit Union Act, and may require the assistance of the district attorney of the district in which the action is conducted.
ORS Chapter 723 — Credit Unions

ORS 723.816. Prohibited acts. (1) No credit union officer, director, employee or agent, shall willfully: (a) With intent to deceive, falsify any book of account, report, statement, record or other document of a credit union whether by alteration, false entry, omission or otherwise. (b) Sign, issue, publish or transmit to a governmental office any book of account, report, statement, record or other document which the person knows to be false. (c) By means of deceit, obtain a signature to a writing which is a subject of forgery. (d) With intent to deceive, destroy any credit union book of account, report, statement, record or other document. (2) No person shall maliciously and knowingly spread false reports about the management or finances of any credit union.
ORS Chapter 723 — Credit Unions

ORS 723.818. Giving false document, statement or report prohibited. A person may not knowingly give or cause to be given to the Director of the Department of Consumer and Business Services any document or any oral or written statement or report that is false in any material respect, in the course of any investigation or examination by the director under this chapter.
ORS Chapter 723 — Credit Unions

ORS 723.822. Cease and desist orders; contents; effective date; removal or suspension. (1) The Director of the Department of Consumer and Business Services may issue and serve upon a credit union or a director, officer, committee member, employee or agent of a credit union an order to cease and desist from a practice or a violation as follows: (a) The director may issue an order to cease and desist from an unsafe or unsound practice when the director has reasonable cause to believe that the person to whom the order is directed is engaging, has engaged or is about to engage in an unsafe or unsound practice in conducting the business of the credit union. (b) The director may issue an order to cease and desist from a violation when the director has reasonable cause to believe that the person to whom the order is directed is violating, has violated or is about to violate a law, rule or regulation of this state or the United States, an order of the director or a provision of the articles of incorporation or bylaws of the credit union. (2) An order under subsection (1) of this section must include the following: (a) A statement of the facts that constitute the practice or violation. (b) A provision that requires the person named in the order to cease and desist from the practice or violation. The provision may be mandatory or otherwise. (c) The effective date of the order. (d) A notice to the person named in the order of the right to a contested case hearing under ORS chapter 183. (3) If the practice or violation specified in the order or the continuation of the practice or violation is likely to prejudice the interest of the members of a credit union, the director may issue an order effective immediately or at a later date. In all other cases, the order is effective 30 days after the date of the order unless the person named in the order requests a hearing on the order. (4) An order under this section remains in effect until a court order or the director withdraws the order. (5) If an individual named in an order under this section fails to comply with the order, the director may issue an order that removes or suspends the individual from the office or position the individual holds. The removal or suspension is in addition to any penalty provided by ORS 723.995 for failure to comply with an order issued under this section.
ORS Chapter 723 — Credit Unions

ORS 723.830. Regulation of services performed for credit union. A credit union may not contract for any of the services described in this section to be performed for the credit union unless both the credit union and the person performing the services agree to be subject to regulation and examination by the Director of the Department of Consumer and Business Services to the same extent as if the services were performed by the credit union. This section applies to the following services: (1) Check and deposit sorting and posting. (2) Computation and posting of interest and other credits and charges. (3) Any other bookkeeping, accounting or similar functions performed for a credit union.
ORS Chapter 723 — Credit Unions

ORS 723.832. Application to credit unions existing on September 13, 1975. The provisions of the Oregon Credit Union Act shall apply to the fullest extent permitted by the laws and Constitutions of the United States and of the State of Oregon, to all existing credit unions organized under any general Act of this state.
ORS Chapter 723 — Credit Unions

ORS 723.836. Effect of amendment or repeal of Oregon Credit Union Act. (1) The Oregon Credit Union Act may be amended, repealed or modified, but such amendment, repeal or modification shall not take away or impair any remedy for any liability which shall have been previously incurred. (2) The repeal of a previous law by section 88, chapter 652, Oregon Laws 1975, shall not affect any right accrued or established, or any liability or penalty incurred, under the provisions of such previous law, prior to the repeal thereof.
ORS Chapter 723 — Credit Unions

ORS 723.840. Limitation on personal liability for good faith act or omission or exercise of judgment or discretion; reliance on information or reports; causes of action. (1) A person is not personally liable for an act or omission the person does or fails to do in good faith and in compliance with a statute, rule or order of the Director of the Department of Consumer and Business Services under this chapter regardless of whether the statute, rule or order is later amended, rescinded or determined to be invalid by judicial or other authority. (2) A director or officer of a credit union is not personally liable to the credit union or to members of the credit union for damages that result from the directors or officers exercising judgment or discretion in connection with the directors or officers duties or responsibilities or from the directors or officers act or omission in rendering service to the credit union, except to the extent that, in exercising judgment or discretion or in rendering service to the credit union, the director or officer fails to act in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances and in a manner that the director or officer reasonably believes is in the best interests of the credit union. (3)(a) A director, in discharging the directors duties, may rely on information, opinions, reports or statements, including financial statements and other financial data that any of the following persons prepare or present: (A) An officer or employee of the credit union that the director reasonably believes is competent and reliable with respect to the matters the officer or employee prepares or presents; (B) Legal counsel, public accountants or other persons with respect to matters that the director reasonably believes are within the counsels, accountants or other persons professional or expert competence; or (C) A committee of the board of directors of which the director is not a member if the director reasonably believes that the committee merits the directors confidence. (b) A director does not act in good faith, with due care or in a manner that the director reasonably believes is in the interests of the credit union if the director has knowledge concerning a matter that makes the directors reliance on the information, opinions, reports, statements or data described in paragraph (a) of this subsection unwarranted. (4) This section does not bar a cause of action against the credit union or change any liability of the credit union that arises out of an act or omission of a director, officer or other who is exempt from liability for negligence under this section.
ORS Chapter 723 — Credit Unions

ORS 723.990. [Repealed by 1975 c.544 62 and by 1975 c.652 88] PENALTIES
ORS Chapter 723 — Credit Unions

ORS 723.992. Criminal penalties. (1) Violation of ORS 723.816 (1) is a Class C felony. (2) Violation of ORS 723.816 (2) is a Class A misdemeanor.
ORS Chapter 723 — Credit Unions

ORS 723.995. Civil penalties. (1) The Director of the Department of Consumer and Business Services may assess any person who violates any provision of this chapter or any rule or final order issued under this chapter a civil penalty of not more than $2,000 for each violation or $10,000 in the aggregate for all violations within any three-month period. In the case of an individual agent or employee of a credit union, the civil penalty shall be not more than $1,000 for each violation or $5,000 in the aggregate for all violations within any three-month period. The director shall count each day that a violation continues as a separate violation. (2) In addition to the civil penalty provided by subsection (1) of this section, a credit union or a director, officer, committee member, agent or employee of a credit union who violates any provision of this chapter, or any rule or final order issued under this chapter, may be assessed a civil penalty in an amount determined by the director but not to exceed the amount by which the person profited as a result of the violation. (3) Civil penalties under this section shall be imposed as provided in ORS 183.745. (4) If a civil penalty is assessed against a director, officer, committee member, agent or employee of a credit union, unless the director provides otherwise, the director, officer, committee member, agent or employee shall forfeit the penalty and the penalty shall not be paid either directly or indirectly by the credit union. (5) All moneys collected under this section shall be paid to the State Treasurer and credited as provided in ORS 705.145. [Formerly 723.826] _______________
ORS Chapter 725a — Short-Term Loans and

ORS 725a.012. Application. (1) ORS 725A.010 to 725A.092 and 725A.990 do not limit a persons rights, powers or privileges under a law of this state or of the United States that regulates the persons lending money or extending credit, provided that the person complies with the provisions of the law. (2) Except as otherwise provided in subsection (3) of this section, ORS 725A.010 to
ORS Chapter 725a — Short-Term Loans and

ORS 725a.020. Licensing requirement. (1)(a) Except as provided in ORS 82.010, 82.020 and 82.025 and subject to subsection (2) of this section, a person may not conduct business as a payday loan lender or a title loan lender unless the person obtains a license under ORS 725A.024. (b) A person may not act as an agent, broker or facilitator for making a payday loan or title loan unless the person obtains a license under ORS 725A.024, regardless of whether the principal that makes the payday loan or title loan must obtain a license under paragraph (a) of this subsection. (2) If at the time a person made a payday loan or title loan the person did not have a license from the Director of the Department of Consumer and Business Services under ORS 725A.024, the payday loan or title loan is void, and the person, or a successor, assignee or affiliate of the person, may not deposit a borrowers or consumers check, withdraw moneys from a borrowers or consumers account or otherwise collect, receive or retain principal, interest, a fee or a charge related to or in connection with the payday loan or title loan. (3) Subsection (1) of this section does not apply to a person that does not collect a fee or consideration in connection with a payday loan or title loan or an application for a payday loan or title loan and: (a) Does not interact directly with a borrower or consumer; (b) Acts solely as an intermediary between the borrower or consumer and a lender or a person that conducts business as a broker or facilitator for a payday loan or title loan; (c) Transmits information, electronically or otherwise, concerning the borrower or consumer to a lender or a person that conducts business as a broker or facilitator for a payday loan or title loan; or (d) Prepares, issues or delivers a negotiable instrument to a lender or a person that conducts business as a broker or facilitator for a payday loan or title loan, for subsequent delivery to a borrower or consumer. (4) The director by order may determine whether and how a person may collect principal, interest, a fee or a charge related to or in connection with a payday loan or title loan if the director determines that a license the director issued under ORS 725A.024 lapsed inadvertently or by mistake.
ORS Chapter 725a — Short-Term Loans and

ORS 725a.022. License application; contents; fee; rules. (1) An applicant for a license as a payday loan lender or a title loan lender shall apply to the Director of the Department of Consumer and Business Services in writing on a form and in a manner that the director prescribes by rule. An application for a license as a payday loan lender or a title loan lender must: (a) List the applicants name, residence address and business address; (b) Name and list the residence address and business address for the applicants officers and directors, if the applicant is a corporation, or for the applicants members, if the applicant is a partnership, limited liability company or other association; (c) Identify the county and city in which, and the street address, if any, at which the applicant will conduct business; and (d) Provide other information the director requires. (2)(a) At the time the applicant submits an application under this section, the applicant shall pay to the director a license fee in an amount the director sets under ORS 725A.028. Except as provided in paragraph (b) of this subsection, the license fee is not refundable. (b) If the director for cause does not issue a license or if the applicant withdraws the application after the director has investigated the applicant, the director shall refund the license fee, less an amount the director retains to pay the administrative and investigative costs the director incurred in connection with the application.
ORS Chapter 725a — Short-Term Loans and

ORS 725a.026. Grounds for disapproving license application. (1) The Director of the Department of Consumer and Business Services may disapprove an application submitted under ORS 725A.022 and deny a license to the applicant if a person named in the application: (a) Cannot meet financial obligations as the obligations mature, has liabilities that exceed assets or is in a financial condition that prevents the person from conducting business with safety to consumers; (b) Engaged in dishonest, fraudulent or illegal practices or conduct in a business or profession; (c) Failed to comply with or knowingly or repeatedly violated a provision of or a rule adopted under the Bank Act, ORS chapter 723, 725 or 726 or ORS 725A.010 to
ORS Chapter 725a — Short-Term Loans and

ORS 725a.028. License fee; other fees; rules. (1) A licensee each year shall pay to the Director of the Department of Consumer and Business Services a license fee in an amount the director specifies by rule. The licensee shall pay the fee not later than the date the director sets in the rule. (2) The director shall specify the amount of the fee described in subsection (1) of this section after considering: (a) The amount of other moneys available for the director to use in performing the directors duties; (b) The costs the director will incur in performing the directors duties in the year in which the director will collect the fee; and (c) The amount the director needs to establish and maintain a reasonable emergency fund. (3) In addition to any license fee the director collects under subsection (1) of this section, whenever the director devotes extra attention to a licensees affairs, either when the licensee requests the attention or the director determines that the extra attention is necessary, the director shall charge as a fee for the extra attention the actual cost the director incurs.
ORS Chapter 725a — Short-Term Loans and

ORS 725a.030. Annual report; contents; penalty; rules. (1) On or before February 15 of each year, or on a date the Director of the Department of Consumer and Business Services establishes by rule, a licensee shall file a report with the director in a form and with the content the director prescribes by rule. The report must contain information the director requires concerning the licensees business and the operations at each place of business in which the licensee conducts business in this state during the preceding calendar year under the terms of a license issued under ORS 725A.024. (2) The director may assess against a licensee a penalty of $10 for each day after February 15, or after the date the director specifies in subsection (1) of this section, during which the licensee fails to file a report required under this section.
ORS Chapter 725a — Short-Term Loans and

ORS 725a.032. Business name and location. (1) A licensee may not conduct a business that is subject to ORS 725A.010 to 725A.092 and 725A.990 except under the name and at the place of business named in the license. The licensee at all times shall display the license conspicuously in the licensees place of business. (2) A licensee that changes the location at which the licensee conducts business as a payday loan lender or title loan lender shall notify the Director of the Department of Consumer and Business Services in writing and return the licensees license. The director shall amend the license to reflect the new location and return the amended license to the licensee. (3) The director may allow the licensee to change the location in which the licensee conducts business as a payday loan lender or title loan lender to a location outside the city named in the original license only if the director determines that the new location will serve substantially the same community that the location named in the original license served. (4) If the director disapproves the proposed new location, the director shall immediately notify the licensee of the disapproval and return the license unchanged to the licensee.
ORS Chapter 725a — Short-Term Loans and

ORS 725a.034. License revocation and suspension. (1) The Director of the Department of Consumer and Business Services may revoke a license issued under ORS 725A.024 if the director: (a) Gives the licensee 10 days written notice in which the director specifies the action the director will take and the general grounds for the action; (b) Provides the licensee with reasonable opportunity for a hearing under ORS chapter 183 in connection with the action; and (c) Finds that: (A) The licensee failed to pay the annual license fee; (B) The licensee failed to comply with a demand, ruling or requirement the director made under ORS 725A.010 to 725A.092 and 725A.990; (C) The licensee, if the licensee is a corporation, failed to keep the corporation in good standing under applicable provisions of law; (D) The licensee violated a provision of ORS 725A.010 to 725A.092 and 725A.990 or a rule the director adopted under ORS 725A.010 to 725A.092 and 725A.990; or (E) A fact or condition exists that clearly would have warranted the directors refusing to issue the license had the fact or condition existed at the time the licensee submitted an application under ORS 725A.022. (2) The director, without notice or hearing, may suspend a license for a period not exceeding 30 days, pending investigation. The director shall provide the licensee with a reasonable opportunity for a hearing under ORS chapter 183 if the director proposes to suspend a license for a period longer than 30 days. (3) The director may revoke or suspend only the particular license with respect to which grounds for revocation or suspension exist. If the director finds that grounds for revoking or suspending a license exist with respect to more than one of the locations in which a licensee operates, the director may revoke or suspend the license issued to the licensee for each location with respect to which grounds for revocation or suspension exist.
ORS Chapter 725a — Short-Term Loans and

ORS 725a.036. License reinstatement; fee. The Director of the Department of Consumer and Business Services may reinstate a license the director revoked if the licensee: (1) Complies with applicable provisions of law; (2) Complies with a demand, ruling or requirement the director issues or imposes; and (3) Pays a fee of $25.
ORS Chapter 725a — Short-Term Loans and

ORS 725a.038. License surrender. (1) A licensee may deliver a written notice to the Director of the Department of Consumer and Business Services to surrender a license the director issued to the licensee under ORS 725A.024. (2)(a) A licensee shall surrender a license under which no material loan activity has occurred for a period of 12 consecutive months. (b) For purposes of this subsection, material loan activity includes a new loan, a loan that refinances an existing loan or a formal extension of existing loan repayment provisions for more than 30 days. (3) A licensees surrendering a license under subsection (1) or (2) of this section does not affect the licensees civil or criminal liability for acts the licensee committed before surrendering the license.
ORS Chapter 725a — Short-Term Loans and

ORS 725a.040. Effect of license revocation, suspension or surrender. Revocation, suspension or surrender of a license issued under ORS 725A.024 does not impair or affect the rights or obligations specified in a lawful contract between the licensee and a borrower that existed before the revocation, suspension or surrender. [2010 c.23 13] (Regulation)
ORS Chapter 725a — Short-Term Loans and

ORS 725a.050. Directors power to examine or investigate; costs. (1) The Director of the Department of Consumer and Business Services, to secure information the director requires and to ensure compliance with ORS 725A.010 to 725A.092 and
ORS Chapter 725a — Short-Term Loans and

ORS 725a.052. Record keeping requirements. The Director of the Department of Consumer and Business Services may specify the form and content of the books and records the licensee must keep in accordance with the provisions of ORS