(2) Each qualified depository that files reports with the State Treasurer under subsection (1) of this section shall notify the State Treasurer in writing or by electronic means within three business days of:
(a) The date on which the qualified depository’s net worth is reduced by an amount greater than 10 percent of the amount shown as the depository’s net worth on the most recent report the depository submitted pursuant to subsection (1) of this section; or
(b) The date on which the qualified depository ceases to be well capitalized and becomes adequately capitalized or undercapitalized, or ceases to be adequately capitalized and becomes undercapitalized.
(3) An adequately capitalized qualified depository or an undercapitalized qualified depository shall report to the State Treasurer at least once each week the actual amount of uninsured public funds deposits the depository holds. The depository shall report using systems and processes prescribed by the State Treasurer in individual pledge agreements or by rule.
(4)(a) If a qualified depository fails to file the reports or provide the notices required under this section or fails to file the notices or reports required under ORS 295.018, the State Treasurer shall send a notice to each public official who has uninsured public funds on deposit in the depository that the depository failed to comply.
(b) If, after giving notice under paragraph (a) of this subsection, the State Treasurer receives notice that the qualified depository has filed the required reports or provided the required notices, the State Treasurer may notify each public official who was notified under paragraph (a) of this subsection that the depository has complied.
(5) If a qualified depository fails to comply with this section, the depository shall, within three business days after receiving notice from the State Treasurer, cease accepting deposits of uninsured public funds. [2007 c.871 §7; 2009 c.821 §15; 2010 c.101 §18; 2017 c.500 §7; 2019 c.587 §23]
Structure 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 295.013 - Custodian’s receipt; duties of custodian; rules.
Section 295.015 - Maintenance of securities by qualified depository.
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 295.061 - 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 295.205 - Accounts in financial institutions outside Oregon; conditions; rules.