2021 Oregon Revised Statutes
Chapter 706 - Administration and Enforcement of Banking Laws Generally
Section 706.600 - Authority to protect creditors and depositors of banking institution or non-Oregon institution.


(a) It is unsafe or inexpedient for the banking institution or non-Oregon institution to continue to transact business.
(b) Extraordinary withdrawals of money are jeopardizing the interests of remaining depositors.
(c) A director or officer has abused that person’s trust or has been guilty of misconduct in an official position injurious to the banking institution or non-Oregon institution.
(d) The banking institution or non-Oregon institution has suffered a serious loss by fire, floods, burglary, disaster or otherwise.
(e) The banking institution or non-Oregon institution neglects or refuses to observe an order of the director under ORS 706.580 or refuses to submit to the inspection of an examiner.
(f) A director or officer refuses to be examined under oath regarding the affairs of the banking institution or non-Oregon institution.
(2) For purposes of subsection (1) of this section and subject to subsection (5) of this section, the director may take any of the following actions in regard to a banking institution:
(a) Take immediate possession and control of the property and affairs of the banking institution.
(b) If the director has issued an order under ORS 706.580, enter the banking institution to monitor and enforce implementation of the order.
(c) Direct the sale of all or part of the banking institution’s assets, or portions thereof, and the assumption of all or part of its liabilities.
(d) Direct the conversion, reorganization or consolidation of the banking institution, either with or without a merger.
(e) Direct the merger of the banking institution.
(f) Direct the sale of a banking institution.
(g) Direct the banking institution to develop and endeavor to implement an acquisition plan, under which the banking institution will acquire or be acquired by a national bank or banking institution, or a state or federal savings association.
(h) Take any other action that the director determines is necessary and expedient to facilitate the sale of the stock or assets of the banking institution, or the sale, conversion, reorganization, consolidation or merger of the banking institution.
(3) For purposes of subsection (1) of this section, and subject to ORS 706.515, the director may take any one of the following actions in regard to a non-Oregon institution:
(a) Take immediate possession and control of the property in this state of the non-Oregon institution.
(b) If the director has issued an order under ORS 706.580, enter the branches, offices or other places of business in this state of the non-Oregon institution to monitor and enforce implementation of the order.
(c) Acting alone or in concert with another appropriate bank supervisory agency, take any action authorized or permitted to be taken under or pursuant to any agreement or contract between the director and one or more bank supervisory agencies.
(4) Notwithstanding any other provision of law and pursuant to ORS 706.544, any actual costs incurred by the Department of Consumer and Business Services under this section shall be paid by the banking institution or non-Oregon institution to the director for deposit in the Consumer and Business Services Fund. The moneys deposited in the Consumer and Business Services Fund under this subsection shall not be considered as a budget item on which a limitation is otherwise fixed by law, but shall be in addition to any specific biennial appropriations or amounts authorized to be expended from the Consumer and Business Services Fund for any biennial period.
(5) Subsection (2)(c) to (h) of this section are available to the director only when a banking institution is in immediate danger of insolvency. [Amended by 1973 c.797 §32; 1985 c.786 §12; 1993 c.318 §7; 1997 c.631 §11]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 18 - Financial Institutions, Insurance

Chapter 706 - Administration and Enforcement of Banking Laws Generally

Section 706.005 - Definitions for Bank Act.

Section 706.008 - Additional definitions for Bank Act.

Section 706.500 - Examination of banking institutions and non-Oregon institutions; examination program with federal regulators.

Section 706.515 - Agreements with other bank supervisory agencies and Financial Crimes Enforcement Network; contracts for use of bank examiners; joint examination or enforcement; fees.

Section 706.530 - Annual fees paid by banking institutions and non-Oregon institutions; rules.

Section 706.560 - Appraisal of securities and audit.

Section 706.570 - Requirement that banking institution keep books and accounts; civil penalty.

Section 706.575 - Certificate as evidence that document is filed with director.

Section 706.578 - Establishment of loan production office; notice; fee.

Section 706.580 - Illegal, unauthorized or unsafe practices; authority of director.

Section 706.600 - Authority to protect creditors and depositors of banking institution or non-Oregon institution.

Section 706.630 - Regular reports of condition; additional reports as required by director.

Section 706.655 - Records of extensions of credit by banking institutions; rules.

Section 706.690 - Transfer of stock or controlling interest; notice to and approval by director; applicability to financial holding companies and bank holding companies.

Section 706.720 - Reports filed with director; public inspection of records; exemptions; confidentiality; forms.

Section 706.723 - Confidential documents; review by court.

Section 706.725 - False statements, reports and book entries.

Section 706.730 - Depositor and debtor information confidential; disclosure prohibited; exceptions.

Section 706.775 - Enforcement of Bank Act; production of witnesses and evidence; fees and mileage of witnesses.

Section 706.790 - Rules.

Section 706.795 - Rules authorizing banking institutions to exercise powers of certain financial institutions.

Section 706.980 - Civil penalties.