Oregon Statutes - Chapter 708A - Regulation of Institutions Generally - Section 708A.140 - Discrimination by bank service corporation prohibited against nonstockholding depository institution; permitted conduct.

A bank service corporation shall not unreasonably discriminate in the provision of any services authorized under ORS 708A.130 to 708A.145 against any financial institution that does not own stock in the bank service corporation on the basis of the fact that the nonstockholding financial institution is in competition with a financial institution that owns stock in the bank service corporation, except that:

(1) It shall not be considered unreasonable discrimination for a bank service corporation, at its option, to either:

(a) Provide services to nonstockholding financial institutions only at a price that fully reflects all of the costs of offering those services, including the cost of capital and a reasonable return thereon; or

(b) If an Oregon commercial bank is authorized under ORS 708A.135 to invest in a bank service corporation, the bank service corporation may require that the Oregon commercial bank invest in the stock of the bank service corporation, in which case the bank service corporation shall provide services to the Oregon commercial bank on the same basis as for other stockholder financial institutions of the bank service corporation.

(2) A bank service corporation may refuse to provide services to a nonstockholding financial institution if comparable services are available from another source at competitive overall costs, or if the providing of services would be beyond the practical capacity of the bank service corporation. [1997 c.631 §123]

Section:  Previous  708A.005  708A.010  708A.115  708A.120  708A.125  708A.130  708A.135  708A.140  708A.145  708A.150  708A.160  708A.165  708A.170  708A.175  708A.180  Next

Last modified: August 7, 2008