Chapter 714 — Chapter 714

ORS 714.010 [Repealed by 1973 c.797 §428]

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ORS 714.015 Branches not in compliance with ORS 714.025 to 714.079 prohibited. Banking institutions shall not establish or maintain branches except as expressly authorized in ORS 714.025 to 714.079 and 714.995. [1997 c.631 §312]

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ORS 714.020 [Repealed by 1973 c.797 §428]

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ORS 714.025 Notice required to establish branches in Oregon or outside of Oregon; fee; rules. (1)(a) A banking institution may establish and operate one or more branches within or outside this state. Not later than 30 days before the board of directors of a banking institution establishes a branch, the banking institution shall file a notice with the Director of the Department of Consumer and Business Services that sets forth the name of the banking institution, the proposed location of the branch and the date on which the branch will begin operating. The director shall promptly advise the banking institution if the notice is incomplete or if the director requires additional information

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ORS 714.030 [Amended by 1973 c.797 §321; 1975 c.725 §17; 1993 c.229 §15; repealed by 1997 c.631 §567]

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ORS 714.035 Mobile banking facilities. A banking institution may, in accordance with ORS 714.025, establish one or more mobile facilities to engage in the banking business or to transact trust business. Mobile banking facilities may operate within this state and in other states. [1997 c.631 §314; 2015 c.244 §88b]

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ORS 714.040 [Amended by 1971 c.68 §4; 1973 c.797 §322; 1975 c.544 §40a; 1977 c.135 §26; 1993 c.255 §2; repealed by 1997 c.631 §567]

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ORS 714.045 Establishment of foreign branches; furnishing information; examination; rules. (1) A banking institution may establish branches in foreign countries or dependencies or insular possessions of the United States in accordance with ORS 714.025 if it possesses stockholder’s equity of at least $1 million

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ORS 714.049 Investigating notices; soliciting comments. The Director of the Department of Consumer and Business Services shall investigate each notice that a banking institution files under ORS 714.025. With respect to notices for branches that the banking institution will locate outside this state, the director shall promptly provide the local bank supervisory agency or regulator with a copy of the notice and an opportunity to comment on the notice. The director is not bound by the local bank supervisory agency’s or regulator’s comments. [1997 c.631 §316; 2015 c.244 §88c]

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ORS 714.050 [Amended by 1973 c.797 §323; repealed by 1979 c.826 §1]

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ORS 714.054 Limiting or restricting banking institution’s ability to establish branch. With respect to notices to establish branches in this state or another state, the Director of the Department of Consumer and Business Services may limit or restrict a banking institution’s ability to establish a branch, except that the director’s failure to limit or restrict the banking institution’s ability to establish the branch within 30 days after receiving a complete notice is a decision not to limit or restrict the banking institution’s ability to establish the branch. With respect to notices by banking institutions to establish branches in foreign countries or dependencies or insular possessions of the United States, the director may limit or restrict a banking institution’s ability to establish a branch, except that the director’s failure to limit or restrict the banking institution’s ability to establish the branch within 90 days after receiving a complete notice is a decision not to limit or restrict the banking institution’s ability to establish a branch. [1997 c.631 §317; 2015 c.244 §88d]

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ORS 714.055 [1973 c.797 §324; repealed by 1979 c.826 §1]

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ORS 714.059 Certificate authorizing branch to conduct business. At a banking institution’s request, the Director of the Department of Consumer and Business Services shall issue and deliver a certificate to authorize each branch for which the banking institution has given notice under ORS 714.025 to conduct business. [1997 c.631 §318; 2015 c.244 §88e]

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ORS 714.060 [Amended by 1973 c.797 §325; 1985 c.12 §7; 1993 c.229 §16; 1993 c.255 §3; repealed by 1997 c.631 §567]

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ORS 714.064 Time to commence business. A branch shall commence business within one year after the banking institution files notice with the Director of the Department of Consumer and Business Services under ORS 714.025. The director may extend for one additional year the period within which the banking institution may establish the branch. If a branch fails to commence business within the year or any extension of time the director grants, the director shall deem the banking institution to have withdrawn the notice and the branch may not open or operate. [1997 c.631 §319; 2015 c.244 §88f]

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ORS 714.065 [1973 c.797 §326; repealed by 1975 c.193 §13]

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ORS 714.069 Activities and powers at branches outside this state. (1) A banking institution may exercise the same powers and engage in the same activities at a branch or branches located in states outside this state as are permitted the banking institution within this state

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ORS 714.070 [Repealed by 1973 c.797 §428]

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ORS 714.075 Reports of deposits held at branches. Upon the call for a report of condition by the Director of the Department of Consumer and Business Services

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ORS 714.079 Closure and relocation of branches. A banking institution may close and relocate branches provided the banking institution provides the Director of the Department of Consumer and Business Services with a copy of any notice required under 12 U.S.C. 1831r-1(a), or comparable federal law, at the time and in the form required by such law or laws. [1997 c.631 §322]

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ORS 714.080 [Amended by 1973 c.797 §327; repealed by 1997 c.631 §567]

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ORS 714.090 [Amended by 1971 c.68 §5; repealed by 1973 c.797 §428]

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ORS 714.095 Establishment of branches by out-of-state banks in this state; powers and activities at branches. (1) An out-of-state bank may occupy and maintain the out-of-state bank’s initial branches in this state if and only if the out-of-state bank acquires the branches in accordance with ORS chapters 711 and 713

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ORS 714.100 [Amended by 1963 c.195 §11; 1969 c.360 §1; 1973 c.797 §328; repealed by 1993 c.255 §4]

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ORS 714.105 Establishment of branches by extranational institutions in this state; powers and activities at branches. (1) An extranational banking institution may occupy and maintain branches in this state as permitted by ORS chapter 713 and applicable federal law

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ORS 714.110 [Amended by 1973 c.797 §329; repealed by 1997 c.631 §567]

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ORS 714.120 [Repealed by 1963 c.402 §11]

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ORS 714.130 [Amended by 1973 c.797 §330; repealed by 1997 c.631 §567]

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ORS 714.133 [1993 c.229 §18; repealed by 1997 c.631 §567]

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ORS 714.135 [1993 c.229 §19; repealed by 1997 c.631 §567]

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ORS 714.140 [Amended by 1973 c.797 §331; repealed by 1997 c.631 §567]

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ORS 714.150 [Amended by 1973 c.797 §332; repealed by 1997 c.631 §567]

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ORS 714.160 [Amended by 1973 c.797 §333; repealed by 1997 c.631 §567]

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ORS 714.170 [Amended by 1973 c.797 §334; repealed by 1997 c.631 §567]

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ORS 714.180 [1991 c.31 §2; repealed by 1997 c.631 §567]

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ORS 714.200 [1975 c.193 §11; 1985 c.762 §45; 1993 c.381 §1; repealed by 1997 c.631 §567]

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ORS 714.205 Disclosure of fees for ATM transaction; method; rules. (1) If the operator of an ATM charges a fee to any person to use the ATM, the operator shall disclose to persons using the ATM that a fee will be imposed for the ATM transaction

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ORS 714.210 Use of ATMs; verification; application of branch banking law. (1) A banking institution, through its own facilities or those of an entity described in ORS 708A.160, may make available for use by its customers and others one or more ATMs. Every transaction initiated through an ATM shall be subject to verification by the banking institution either by direct wire transmission or otherwise

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ORS 714.220 [1975 c.193 §4; 1993 c.381 §3; repealed by 1997 c.631 §567]

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ORS 714.230 [1975 c.193 §5; repealed by 1989 c.245 §1]

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ORS 714.240 [1975 c.193 §6; 1979 c.810 §1; 1989 c.245 §2; 1993 c.381 §4; repealed by 1997 c.631 §567]

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ORS 714.250 [1975 c.193 §7; 1979 c.810 §2; 1993 c.381 §5; repealed by 1997 c.631 §567]

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ORS 714.260 [1975 c.193 §8; 1993 c.381 §6; repealed by 1997 c.631 §567]

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ORS 714.270 Prohibitions on use of ATM for banking information. No person shall use or attempt to use an ATM facility for the purpose of obtaining any information concerning an account or line of credit other than the person’s own account or line of credit without the prior approval of an authorized signer on the account or line of credit. No person having received prior approval of the customer shall utilize such authority to obtain through the use of the ATM any information not necessary to the transaction which the customer seeks to accomplish through its use. [1975 c.193 §9; 1993 c.381 §7; 1997 c.631 §310]

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ORS 714.280 Legislative intent of ATM and night deposit facility law. (1) It is the intent of the Legislative Assembly in enacting ORS 714.280 to 714.315 to enhance the safety of consumers using ATMs and night deposit facilities in Oregon without discouraging the siting of ATMs and night deposit facilities in locations convenient to consumers’ homes and workplaces. Since decisions concerning safety at ATMs and night deposit facilities are inherently subjective, the Legislative Assembly intends to establish as the standard of care applicable to operators of ATMs and night deposit facilities in connection with user safety, the compliance with the objective standards and information requirements of ORS 714.280 to 714.315. The Legislative Assembly further recognizes the need for uniformity as to the establishment of safety standards for ATMs and night deposit facilities and intends with ORS 714.280 to 714.315 to supersede and preempt any rule, regulation, code or ordinance of any city, county, municipality or local agency regarding customer safety at ATMs and night deposit facilities in this state

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ORS 714.285 Adoption of procedures for evaluating safety of ATM or night deposit facilities. Before installing any ATM or night deposit facility, the operator shall adopt procedures for evaluating the safety of the ATM or night deposit facility. For ATMs and night deposit facilities installed on or before July 1, 1994, operators shall adopt procedures not later than July 1, 1994. The procedures shall include a consideration of the following

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ORS 714.290 Deadlines for compliance with ORS 714.295. (1) Each operator of an ATM or night deposit facility installed after July 1, 1994, shall comply with ORS 714.295. Compliance with ORS 714.295 by operators of ATMs and night deposit facilities existing on or before July 1, 1994, shall be optional until July 1, 1996, and mandatory thereafter. This section shall apply to an operator of an ATM or night deposit facility only to the extent that the operator controls the access area or defined parking area to be lighted

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ORS 714.295 Lighting requirements for ATMs and night deposit facilities. The operator, owner or other person responsible for the ATM or night deposit facility shall provide lighting during hours of darkness for an open and operating ATM or night deposit facility and any defined parking area, access area and the exterior of an enclosed ATM or night deposit facility installation according to the following standards

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ORS 714.300 Issuance of safety information to customers of ATMs and night deposit facilities. The issuers of access devices shall furnish customers receiving the devices with notices of basic safety precautions which customers should employ while using an ATM or night deposit facility. This information shall be furnished by personally delivering or by mailing the information to each customer whose mailing address as to the account to which the access device relates is in this state. This information shall be furnished with respect to access devices issued after July 1, 1994, at or before the time the customer is furnished with the customer’s access device. With respect to a customer to whom an access device has been issued on or before July 1, 1994, the information shall be delivered or mailed to the customer on or before December 31, 1994. Only one notice need be furnished per household, and if access devices are furnished to more than one customer for a single account or set of accounts or on the basis of a single application or other request for the access devices, only a single notice need be furnished in satisfaction of the notification responsibilities as to all those customers. The information may be included with other disclosures related to the access device furnished to the customer, such as with any initial or periodic disclosure statement furnished pursuant to the Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.). [1993 c.381 §14; 2021 c.97 §81]

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ORS 714.305 Exempted ATMs and night deposit facilities. The requirements of ORS 714.280 (2) and 714.285 to 714.295 shall not apply to any ATM or night deposit facility that is

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