2021 Oregon Revised Statutes
Chapter 295 - Depositories of Public Funds and Securities
Section 295.037 - Distribution of collateral after loss in qualified depository.


(2) When a loss has occurred in a qualified depository, the depository shall as soon as possible make payment to the proper public officials of all funds subject to the loss, pursuant to the following procedures:
(a) Immediately upon occurrence of the loss, the State Treasurer shall exercise all of the State Treasurer’s rights in the collateral, including without limitation taking possession of any securities segregated as collateral for uninsured public funds deposits held by the closed depository and beginning to collect payment from as much of the collateral, including without limitation the liquidation of securities, as the State Treasurer estimates is necessary, based upon the most recent information available to the State Treasurer on the amount of uninsured public funds deposits held by the closed depository, for distribution of the proceeds among public officials entitled to the proceeds as provided in this section.
(b) The Director of the Department of Consumer and Business Services or the receiver for the closed depository shall, within 20 days after the issuance of a restraining order or taking possession of any qualified depository, ascertain the amount of public funds on deposit in the depository as disclosed by its records and the amount of the public funds covered by deposit insurance or deposit guaranty bonds and certify the amounts to the State Treasurer and to each public official who has public funds on deposit in the depository.
(c) Each public official who has uninsured public funds on deposit in the qualified depository shall, within 10 days after receipt of the certification from the Director of the Department of Consumer and Business Services or the receiver, furnish to the State Treasurer verified statements of the uninsured public funds that the public official has on deposit in the depository.
(3) Upon receipt of the certification from the Director of the Department of Consumer and Business Services or the receiver and the verified statements from the public officials who have uninsured public funds on deposit in the qualified depository, the State Treasurer shall ascertain and fix the amount of public funds on deposit in the depository, plus interest to the date the funds are distributed to the public official at the rate the depository agreed to pay on the funds, minus any amount covered by deposit insurance or deposit guaranty bonds. [2007 c.871 §4; 2009 c.821 §10; 2019 c.587 §15]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 07 - Public Facilities and Finance

Chapter 295 - Depositories of Public Funds and Securities

Section 295.001 - Definitions for ORS 295.001 to 295.108.

Section 295.002 - Deposit of public funds; exceptions; limitation on personal liability.

Section 295.004 - Conditions for deposit of funds in excess of specified amounts.

Section 295.006 - Public official filings with State Treasurer; rules.

Section 295.007 - Conditions for acting as custodian; rules.

Section 295.008 - Qualified depositories.

Section 295.012 - State Treasurer rule setting maximum liability for qualified credit union depositories.

Section 295.013 - Custodian’s receipt; duties of custodian; rules.

Section 295.015 - Maintenance of securities by qualified depository.

Section 295.018 - Increase in required collateral of qualified depository; notifications; failure to increase collateral.

Section 295.031 - Notice to public officials regarding adequacy of collateral.

Section 295.034 - Withdrawal of inadequately collateralized funds.

Section 295.037 - Distribution of collateral after loss in qualified depository.

Section 295.038 - Assessment against collateral of qualified depositories.

Section 295.039 - State Treasurer acceptance of moneys for purposes of administering ORS 295.038.

Section 295.046 - Limitation on acceptance of public funds from single public official; exceptions.

Section 295.048 - Limitations on aggregate uninsured public funds deposits; notice; exceptions.

Section 295.053 - Custodian duties when qualified depository ceases holding uninsured public funds; securities.

Section 295.061 - Treasurer reports; filing; notification of changes; failure to file reports; rules.

Section 295.071 - Investigation by regulatory bodies other than State Treasurer.

Section 295.081 - Time deposits.

Section 295.091 - Geographic preference in selecting depositories; apportioning funds; interest.

Section 295.098 - Public body agreements with third parties; alternative methods.

Section 295.101 - Public funds not subject to ORS 295.001 to 295.108.

Section 295.103 - Certain moneys related to motor carriers not public funds.

Section 295.108 - State Treasurer rules; form of report.

Section 295.195 - Deposit of funds in foreign country; effect on collateral; report to Legislative Assembly.

Section 295.205 - Accounts in financial institutions outside Oregon; conditions; rules.