As used in ORS 732.517 to 732.592:
(1) “Affiliate” of, or person “affiliated” with, a specified person means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified.
(2) “Control,” including its use in the terms “controlling,” “controlled,” “controlled by” and “under common control with,” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, 10 percent or more of the voting securities of any other person. This presumption may be rebutted by a showing made in the manner provided by ORS 732.568 that control does not exist in fact. The Director of the Department of Consumer and Business Services may determine, after furnishing all persons in interest notice and opportunity to be heard and making specific findings of fact to support such determination, that control exists in fact, notwithstanding the absence of a presumption to that effect.
(3) “Insurance holding company system” means two or more affiliated persons, one or more of which is an insurer, and includes a financial holding company as referred to in section 103 of the federal Gramm-Leach-Bliley Act (P.L. 106-102).
(4) A “subsidiary” of a specified person is an affiliate controlled by the specified person directly or indirectly through one or more intermediaries.
(5) A “voting security” includes any security convertible into a voting security or evidencing a right to acquire a voting security. [Formerly 732.605; 2001 c.377 §38]Section: Previous 732.536 732.538 732.540 732.541 732.543 732.545 732.546 732.548 732.549 732.550 732.551 732.552 732.553 732.554 732.555 Next
Last modified: August 7, 2008