(2) All money transmission activities conducted by authorized delegates shall be strictly in accordance with the licensee’s written procedures provided to the authorized delegate.
(3) An authorized delegate shall remit all money owing to the licensee in accordance with the terms of the contract between the licensee and the authorized delegate. The failure of an authorized delegate to remit all money owing to a licensee within the time prescribed shall result in liability of the authorized delegate to the licensee for three times the licensee’s actual damages.
(4) An authorized delegate is considered to consent to the director’s inspection, with or without prior notice to the licensee or authorized delegate, of the books and records of the authorized delegate when the director has a reasonable basis to believe that the licensee or authorized delegate is in noncompliance with ORS 717.200 to 717.320, 717.900 and 717.905.
(5) An authorized delegate is under a duty to act only as authorized under the contract with the licensee. An authorized delegate that exceeds the delegate’s authority is subject to cancellation of the delegate’s contract and further disciplinary action by the director.
(6) All funds, not including fees, received by an authorized delegate from the sale or delivery of a payment instrument issued by a licensee, or received by an authorized delegate for transmission, shall constitute trust funds owned by and belonging to the licensee during the period beginning when the funds are received by the authorized delegate and ending when the funds or an equivalent amount are remitted by the authorized delegate to the licensee. If an authorized delegate commingles any such funds with any other funds or property owned or controlled by the authorized delegate, all commingled proceeds and other property shall be impressed with a trust in favor of the licensee in an amount equal to the amount of the proceeds due the licensee.
(7) An authorized delegate shall report to the licensee the theft or loss of payment instruments within 24 hours from the time the authorized delegate first knows of the theft or loss. [1999 c.571 §17]
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Chapter 717 - Money Transmission
Section 717.200 - Definitions.
Section 717.210 - Exemptions; waiver; rules.
Section 717.215 - Requirements for licensees; net worth; permissible investments.
Section 717.220 - License application; rules.
Section 717.225 - Security devices.
Section 717.235 - License issuance; grounds for disapproval of application; appeals.
Section 717.240 - License renewal; annual fee; renewal report; rules.
Section 717.245 - Events requiring filing of report with director.
Section 717.250 - Notice of change or acquisition of control of licensee; waiver; rules.
Section 717.255 - Examination of licensee; notice; costs.
Section 717.260 - Retention of records.
Section 717.265 - Suspension or revocation of license; appeals.
Section 717.270 - Conduct of money transmission business through authorized delegates; contracts.
Section 717.275 - Requirements for authorized delegates.
Section 717.280 - Order suspending or barring authorized delegate; grounds; appeals.
Section 717.285 - Limit on responsibility of licensee; costs and attorney fees.
Section 717.290 - Cease and desist order; appeals.
Section 717.295 - Injunctions; consent orders.
Section 717.300 - Subpoena authority.
Section 717.305 - Consent to jurisdiction of courts; director as agent for service of process.