Oregon Statutes - Chapter 723 - Credit Unions
- 723.001 Definitions.
As used in this chapter, unless the context requires otherwise: (1) “Assets” means property, a right or a claim with future objectively measurable value that...
- 723.002 Short title.
This chapter shall be known and may be cited as the “Oregon Credit Union Act.” [1975 c.652 §2; 1985 c.762 §78; 1985 c.801 §1; 1987...
- 723.006 “Credit union” defined.
A credit union is a cooperative, nonprofit association, incorporated under the laws of this state, for the purposes of encouraging thrift among its members, creating...
- 723.008 “Credit union” defined for ORS 723.136 and 723.464 to 723.498.
As used in ORS 723.136 and 723.464 to 723.498, “credit union” means a credit union organized under this chapter, an interstate credit union doing business...
- 723.010 [Amended by 1955 c.550 §1; repealed by 1975 c.652 §88]
- 723.012 Organization procedure; articles of incorporation; bylaws; fee; rules.
(1) Any seven or more residents of this state or another appropriate jurisdiction, of legal age, who have a common bond referred to in ORS...
- 723.014 Denial of certificate of approval.
The Director of the Department of Consumer and Business Services may not issue a certificate of approval under ORS 723.012 if any person named in...
- 723.016 Form of articles and bylaws.
In order to simplify the organization of credit unions, the Director of the Department of Consumer and Business Services shall cause to be prepared a...
- 723.020 [Repealed by 1975 c.652 §88]
- 723.022 Amendment of articles and bylaws; fee; rules.
(1) The articles of incorporation or the bylaws may be amended as provided in the bylaws. Amendments to the articles of incorporation or bylaws shall...
- 723.026 Use of name exclusive; criminal penalty.
With the exception of a credit union organized under this chapter or of any other credit union act, or an association of credit unions or...
- 723.030 [Amended by 1973 c.414 §1; repealed by 1975 c.652 §88]
- 723.032 Places of business; fee; rules; mobile facilities.
(1) A credit union may establish a place of business or change the credit union’s place of business within this state upon written notice to...
- 723.036 Fiscal year.
The fiscal year of each credit union shall end on the last day of December. [1975 c.652 §9]
- 723.040 [Amended by 1959 c.106 §1; 1971 c.681 §1; repealed by 1975 c.652 §88]
- 723.042 Interstate credit unions.
(1) A credit union chartered under this chapter may operate in another state unless prohibited by the laws of the other state. Oregon is the...
- 723.050 [Amended by 1955 c.550 §2; 1959 c.106 §2; repealed by 1975 c.652 §88]
- 723.060 [Amended by 1971 c.681 §2; repealed by 1975 c.652 §88]
- 723.070 [Repealed by 1975 c.652 §88]
- 723.080 [Repealed by 1975 c.652 §88]
- 723.090 [Repealed by 1975 c.652 §88]
- 723.100 [Amended by 1955 c.550 §3; repealed by 1975 c.652 §88]
- 723.102 Rulemaking authority.
In accordance with ORS chapter 183, the Director of the Department of Consumer and Business Services may adopt rules for the purpose of carrying out...
- 723.104 [1977 c.135 §43; repealed by 1985 c.762 §196]
- 723.106 Reports; late filing penalty; rules.
(1) Credit unions shall report to the Director of the Department of Consumer and Business Services annually by a date established by the director on...
- 723.110 [Amended by 1971 c.681 §3; repealed by 1975 c.652 §88]
- 723.112 Examinations.
(1) The Director of the Department of Consumer and Business Services shall examine each credit union to determine its condition and whether the credit union...
- 723.114 Annual fees paid by credit unions.
(1) Each credit union shall pay to the Director of the Department of Consumer and Business Services each year the fee determined by reference to...
- 723.116 Records; rules.
A credit union shall maintain all books, records, accounting systems and procedures in accordance with such rules as the Director of the Department of Consumer...
- 723.118 Disclosure of records of department; exemptions.
(1) The Director of the Department of Consumer and Business Services shall receive and file in the Department of Consumer and Business Services all reports...
- 723.120 [Amended by 1959 c.106 §3; 1971 c.681 §5; 1973 c.719 §1; repealed by 1975 c.652 §88]
- 723.122 Bond or letter of credit; rules.
(1) Each credit union shall obtain and maintain a fidelity bond or irrevocable letter of credit issued by an insured institution, as defined in ORS...
- 723.124 [1971 c.681 §4; repealed by 1975 c.652 §88]
- 723.126 Enforcement actions.
The Director of the Department of Consumer and Business Services may institute any action or other proceeding that the director considers necessary for enforcing any...
- 723.128 [1971 c.681 §12; repealed by 1975 c.652 §88]
- 723.130 [Amended by 1955 c.550 §4; 1967 c.279 §1; 1971 c.681 §6; repealed by 1975 c.652 §88]
- 723.132 Order to remove officer, director or committee member.
The Director of the Department of Consumer and Business Services by order may direct a credit union to remove any officer, director or committee member...
- 723.134 Receipt of deposits from person not a member of credit union; secondary capital accounts; rules.
(1) The Director of the Department of Consumer and Business Services by rule may establish guidelines for determining whether a credit union predominantly serves low-income...
- 723.135 [1973 c.148 §2; repealed by 1975 c.652 §88]
- 723.136 Agreements with other credit union supervisory agencies; contracts for use of credit union examiners; joint examination or enforcement; fees.
(1) The Director of the Department of Consumer and Business Services may enter into cooperative, coordinating and information sharing agreements with any other credit union...
- 723.152 General powers; rules.
In addition to the powers conferred by the general corporation law a credit union may, subject to the restrictions and limitations contained in this chapter...
- 723.156 Exercise of powers of federal credit union.
Notwithstanding any other provision of law, a credit union may, upon prior approval by the Director of the Department of Consumer and Business Services and...
- 723.172 Credit union membership; rules.
(1) The membership of a credit union shall be limited to and consist of the incorporators to the articles of incorporation and such other persons...
- 723.176 Business and nonbusiness organizations as members.
Business and nonbusiness organizations composed of individuals who are eligible for membership, or whose employees are eligible for membership, may be admitted to membership in...
- 723.182 Other credit unions as members.
Any credit union organized under the laws of this state may permit membership of any other credit union organized under the laws of this state,...
- 723.184 State deemed member with respect to deferred compensation deposits; restrictions on membership.
Notwithstanding any other provision of this chapter, a credit union may receive deposits from the State of Oregon of moneys belonging to the Deferred Compensation...
- 723.186 Members who leave field.
Members who leave the field of membership may be permitted to retain their membership in the credit union as a matter of general policy of...
- 723.188 Foster parents as members.
(1) Notwithstanding any other provision of this chapter, a credit union that provides in its articles of incorporation or bylaws for membership of employees of...
- 723.192 Individual liability.
The members of the credit union shall not be personally or individually liable for the payment of the debts of the credit union. [1975 c.652...
- 723.196 Meeting of members; mail or electronic ballots.
(1) The annual meeting and any special meetings of the members of the credit union shall be held at the time and place and in...
- 723.202 Withdrawal and expulsion of members; request for reinstatement.
(1) Subject to subsection (2) of this section, a credit union may expel any member of the credit union who: (a) Has not carried out...
- 723.210 [Repealed by 1975 c.652 §88]
- 723.220 [Repealed by 1959 c.106 §23]
- 723.230 [Amended by 1959 c.106 §7; 1967 c.279 §2; 1971 c.681 §7; repealed by 1975 c.652 §88]
- 723.240 [Amended by 1959 c.106 §8; 1967 c.279 §3; repealed by 1975 c.652 §88]
- 723.245 [1959 c.106 §6; repealed by 1975 c.652 §88]
- 723.250 [Amended by 1959 c.106 §9; 1967 c.279 §4; 1971 c.681 §8; 1973 c.147 §1; repealed by 1975 c.652 §88]
- 723.252 Election or appointment of officials.
(1) The credit union shall be directed by a board consisting of an odd number of directors, at least five in number, to be elected...
- 723.256 Record of board and committee members.
Within such time as the Director of the Department of Consumer and Business Services may establish, a record of the names and addresses of the...
- 723.260 [Amended by 1959 c.106 §10; repealed by 1975 c.652 §88]
- 723.262 Vacancies.
(1) Subject to subsection (2) of this section, the board of directors may fill any vacancies occurring in the board until successors elected at the...
- 723.266 Compensation of officials.
No officer, director, or committee member, other than the treasurer, a credit manager, a general manager, or a loan officer may be compensated for service...
- 723.270 [Repealed by 1975 c.652 §88]
- 723.272 Conflicts of interest.
No director, committee member, officer, agent or employee of the credit union shall in any manner, directly or indirectly, participate in the deliberation upon or...
- 723.275 [1959 c.106 §5; repealed by 1975 c.652 §88]
- 723.276 Executive officers.
(1) At their organizational meeting and within 30 days following each annual meeting of the members, the directors shall elect an executive officer, who may...
- 723.280 [Amended by 1955 c.550 §5; 1959 c.106 §11; 1971 c.681 §9; repealed by 1975 c.652 §88]
- 723.282 Authority of directors.
The board of directors shall have the general direction of the business affairs, funds and records of the credit union. [1975 c.652 §31]
- 723.286 Executive committee.
From the persons elected to the board, the board may appoint an executive committee of not less than three directors who may be authorized to...
- 723.290 [Amended by 1959 c.106 §12; repealed by 1975 c.652 §88]
- 723.292 Meetings of directors.
The board of directors shall meet at least monthly. [1975 c.652 §33; 1999 c.185 §15]
- 723.296 Duties of directors; delegation of duties.
(1) The board of directors shall manage the business and affairs of the credit union. The duties of the board include, but are not limited...
- 723.302 Duties of credit committee.
The credit committee shall have the general supervision of all loans to members. [1975 c.652 §35]
- 723.306 Meetings of credit committee.
The credit committee shall meet as often as the business of the credit union requires and not less frequently than once a month to consider...
- 723.312 Loan officers.
(1) The credit committee may appoint one or more loan officers and delegate the power to approve or disapprove loans, subject to such limitations or...
- 723.316 Credit manager.
The credit committee may be dispensed with, and a credit manager empowered to approve or disapprove loans under conditions prescribed by the board of directors....
- 723.322 Duties of supervisory committee; verification of member accounts; rules.
(1) The supervisory committee shall make or cause to be made a comprehensive annual audit of the books and affairs of the credit union and...
- 723.326 Suspension and removal of officials; restrictions on service as director.
(1) The supervisory committee by a unanimous vote may suspend any member of the credit committee and shall report such action to the board of...
- 723.332 Special meetings.
The supervisory committee by a majority vote may call a special meeting of the members to consider any violation of this chapter, the articles of...
- 723.338 Duty to notify law enforcement officers of violations of Oregon Credit Union Act; investigations; costs.
(1) If a director, officer or committee member of a credit union has reason to believe that a person has violated any provision of the...
- 723.350 [Amended by 1959 c.106 §13; repealed by 1975 c.652 §88]
- 723.360 [Amended by 1959 c.106 §14; repealed by 1975 c.652 §88]
- 723.370 [Amended by 1959 c.106 §15; repealed by 1975 c.652 §88]
- 723.380 [Amended by 1959 c.106 §16; repealed by 1975 c.652 §88]
- 723.390 [Amended by 1959 c.106 §17; 1971 c.681 §10; 1973 c.719 §2; repealed by 1975 c.652 §88]
- 723.400 [Amended by 1955 c.550 §6; 1959 c.106 §18; 1967 c.279 §5; repealed by 1975 c.652 §88]
- 723.402 Shares.
(1) Shares may be subscribed to, paid for and transferred in such manner as the bylaws prescribe. (2) A certificate need not be issued to...
- 723.406 Dividends.
(1) At such intervals and for such periods as the board of directors may authorize, and after provision for the required reserves, the board of...
- 723.410 [Amended by 1959 c.106 §19; 1967 c.279 §6; repealed by 1975 c.652 §88]
- 723.412 Deposit and deposit certificate accounts; interest; priority.
(1) A credit union may receive savings in deposit and deposit certificate accounts from its members and other credit unions, subject to such conditions as...
- 723.416 [1975 c.652 §45; repealed by 1999 c.185 §58]
- 723.420 [Repealed by 1959 c.106 §23]
- 723.422 [1975 c.652 §46; repealed by 1999 c.185 §58]
- 723.426 Joint accounts.
A member may designate any person or persons to hold shares, deposits and thrift club accounts with the member in joint tenancy, with or without...
- 723.430 [Repealed by 1975 c.652 §88]
- 723.432 Trust accounts.
Shares may be issued and deposits may be held in the name of a member in trust for a beneficiary, including a minor, but no...
- 723.434 Share draft accounts.
(1) A credit union may allow a member holding a regular share or deposit account to use that account as a share draft account as...
- 723.436 [1975 c.652 §49; renumbered 723.454]
- 723.440 [Repealed by 1975 c.652 §88]
- 723.441
[1985 c.804 §6; repealed by 1987 c.491 §9]
- 723.442 [1975 c.652 §50; 1981 c.257 §1; renumbered 723.457]
- 723.444 [1987 c.491 §8; repealed by 1997 c.832 §10]
- 723.446 [1975 c.652 §51; renumbered 723.460]
- 723.447 Certified share drafts.
A credit union may certify a share draft issued by the credit union. A credit union that certifies a share draft may immediately charge the...
- 723.450 Payment on shares and deposits; restriction on class of shares.
Shares, share certificates, deposits and deposit certificates may be withdrawn for payment to the account holder or to third parties in accordance with the manner...
- 723.452 [1981 c.298 §1; renumbered 723.463]
- 723.454 Liens.
The credit union shall have a lien on all funds of a member or joint owner on deposit with the credit union in any individual...
- 723.457 [Formerly 723.442; 1991 c.635 §13; repealed by 2001 c.308 §5]
- 723.460 Reduction in shares.
(1) Whenever the losses of any credit union, resulting from a depreciation in value of its loans or investments or otherwise, exceed its undivided earnings...
- 723.462 [1999 c.185 §19; repealed by 2005 c.95 §12]
- 723.463 [Formerly 723.452; 1987 c.658 §4; repealed by 1997 c.832 §10]
- 723.464 Deposits made in name of minor.
Any deposit to a credit union made to an account in the name of a minor shall be held for the exclusive right and benefit...
- 723.466 Disposition of deposit on death of depositor.
(1) On the death of a member of a credit union, if the deposit to the credit of the deceased member is $25,000 or less,...
- 723.468 Adverse claim to deposit; notice; restraining order or other process; indemnity bond or letter of credit.
(1) A credit union shall be obligated to recognize an adverse claim to a deposit it holds only if the adverse claimant gives notice to...
- 723.470 Checks drawn by agents presumed to be in authorized manner.
If a person who owns a share or deposit account subject to check authorizes another person as agent to draw checks against the account, the...
- 723.472 Checks of intoxicated or drugged persons.
A credit union may refuse to pay any check, draft or order drawn upon it when the officers or employees of the credit union have...
- 723.474 Definitions for ORS 723.474 to 723.498.
As used in ORS 723.474 to 723.498, unless the context requires otherwise: (1) “Account” means a contract of deposit of funds between a member and...
- 723.476 Application of ORS 723.478, 723.480 and 723.482; liability and setoff rights of credit unions.
The provisions of ORS 723.478, 723.480 and 723.482 concerning beneficial ownership between parties or between parties and P.O.D. payees or beneficiaries of multiple-party accounts are...
- 723.478 Ownership of multiple-party accounts.
(1) A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each party to the...
- 723.480 Multiple-party accounts; disposition of deposit upon death of party or trustee; effect of will.
(1) Sums remaining on deposit at a credit union at the death of a party to a joint account are rebuttably presumed to belong to...
- 723.482 Rights of survivorship based on form of account; alteration of form of account.
The provisions of ORS 723.480 that apply to rights of survivorship are determined by the form of the account at the time of death of...
- 723.484 Transfers of moneys upon death of depositor or trustee is not testamentary disposition.
Any transfers resulting from the application of ORS 723.480 are effective by reason of the account contracts involved and application of ORS 723.480. The transfers...
- 723.486 Multiple party account; payment of deposit to one or more parties; credit union not required to determine source or use of funds in account.
Credit unions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. Any multiple-party account may be paid, on...
- 723.488 Joint account; payment to any party to account; payment to others.
Any sums in a joint account may be paid, on request, to any party without regard to whether any other party is incapacitated or deceased...
- 723.490 P.O.D. account; payment to any original party; payment to others.
Any P.O.D. account may be paid, on request, to any original party to the account. Payment may be made, on request, to the P.O.D. payee...
- 723.492 Trust account; payment to trustee; payment to others.
Any trust account may be paid, on request, to any trustee. Unless the credit union has received written notice that the beneficiary has a vested...
- 723.494 Discharge of credit union for payments made; conditions.
Payment made pursuant to ORS 723.486, 723.488, 723.490 or 723.492 discharges the credit union from all claims for amounts paid, whether or not the payment...
- 723.496 Right of credit union to setoff; amount.
Without qualifying any other statutory or common law right to setoff or lien, and subject to any contractual provision, if a party to a multiple-party...
- 723.498 Designation of agent for account; powers of agent.
Nothing in ORS 723.426, 723.432, 723.474, 723.476 or 723.478 shall preclude a party to an account from adding the name of another person to the...
- 723.502 Purposes; terms.
A credit union may make loans to members of the credit union for such purpose and upon such security and terms as the credit committee,...
- 723.506 Application.
Every application for a loan shall be made in the form prescribed by the credit committee, credit manager or loan officer. The application shall state...
- 723.510 [Amended by 1959 c.106 §20; 1971 c.681 §11; repealed by 1975 c.652 §88]
- 723.512 Loan limit; exception.
(1) No loan shall be made to any member in an aggregate amount in excess of $15,000, or 15 percent of the credit union’s equity,...
- 723.516 Installments.
A member may receive a loan in installments, or in one sum, and may pay the whole or any part of the member’s loan on...
- 723.520 [Repealed by 1959 c.106 §23]
- 723.522 Line of credit.
The credit committee, credit manager, or loan officer may approve in advance upon their own motion or upon application by a member, a line of...
- 723.526 Other loan programs.
(1) Loans to credit union members may be shared with other credit unions, corporations or financial organizations. (2) A credit union may participate in guaranteed...
- 723.530 [Amended by 1959 c.106 §21; 1971 c.367 §1; repealed by 1975 c.652 §88]
- 723.532 Loans to credit union officials; waiver; rules.
(1) For the purposes of this section, “management team” means any individual who holds a position of vice president or higher or who has policymaking...
- 723.536 Loans to nonmembers; personal liability.
Any officer, director or member of a committee of a credit union who knowingly permits a loan to be made or participates in a loan...
- 723.540 [Repealed by 1975 c.652 §88]
- 723.550 [Amended by 1959 c.106 §22; repealed by 1975 c.652 §88]
- 723.560 [Repealed by 1975 c.652 §88]
- 723.572 Insurance for members.
(1) A credit union may purchase or make available life savings, loan protection and other forms of insurance for its members in amounts related to...
- 723.576 Liability insurance for director, officer, employee or agent.
A credit union may purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the...
- 723.582 Share and deposit insurance.
(1) Each credit union shall secure insurance on shares and deposits from the National Credit Union Administration under the Federal Credit Union Act or its...
- 723.586 Group purchasing.
A credit union may enter into cooperative marketing arrangements to facilitate its members’ voluntary purchases of such goods and services as are in the interest...
- 723.602 Investment of funds; rules.
Funds not used in loans to members may be invested: (1) In securities, obligations or other instruments of or issued by or fully guaranteed as...
- 723.631 Regular reserve; reserve for loan losses; rules.
(1) A credit union shall establish and maintain a regular reserve for contingencies. The Director of the Department of Consumer and Business Services may adopt...
- 723.632 [1975 c.652 §65; 1979 c.88 §35; repealed by 1981 c.192 §37 (723.631 enacted in lieu of 723.632)]
- 723.636 Charges to regular reserve.
(1) Subject to subsection (2) of this section, the board of directors of a credit union may authorize losses to be charged to the regular...
- 723.642 [1975 c.652 §67; 1977 c.628 §4; repealed by 1981 c.192 §46]
- 723.646 Special reserves; purpose.
(1) In addition to the regular reserve established under ORS 723.631, special reserves to protect the interest of members shall be established, as provided in...
- 723.672 Suspension; revocation of charter.
(1) If it appears that any credit union is bankrupt or insolvent, or that it has willfully violated any provision of this chapter, or is...
- 723.676 Liquidation.
(1) A credit union may elect to dissolve voluntarily and liquidate its affairs in the manner prescribed in this section. (2) The board of directors...
- 723.682 Merger.
(1) Any credit union chartered in this state may, with the approval of the Director of the Department of Consumer and Business Services, merge with...
- 723.686 Conversion of charter.
(1) A credit union chartered under the laws of this state may be converted to a credit union chartered under the laws of the United...
- 723.702 Organization; name.
Any central credit union may be organized and operated under this chapter with all the rights and powers of any credit union organized under this...
- 723.706 Membership.
Membership in a central credit union is limited to: (1) Credit unions organized and operating under this chapter or under any other credit union act....
- 723.712 Voting representative.
Each credit union becoming a member of such central credit union may designate one person to be its voting representative in the central credit union,...
- 723.716 Additional rights and powers.
(1) A central credit union shall have all of the rights and powers of any other credit union organized under this chapter and the additional...
- 723.730 Corporate central credit union; membership; rights and powers; rules.
Membership in a corporate central credit union shall be limited to credit unions organized under federal law or under the laws of states listed in...
- 723.752 Application of tax statutes to credit unions.
Any credit union subject to this chapter shall be deemed an institution for savings within the meaning of the law that exempts such institutions from...
- 723.756 Stock transfer taxes.
The shares of any credit union shall not be subject to stock transfer taxes, either when issued or when transferred from one member to another....
- 723.762 Participation in government programs.
The participation by a credit union in any government program providing unemployment, Social Security, old age pension or other benefits shall not be deemed a...
- 723.802 [1975 c.652 §80; repealed by 1985 c.762 §196]
- 723.806 Notice to law enforcement officers of violation of Oregon Credit Union Act; exceptions.
If the Director of the Department of Consumer and Business Services has reason to believe that a person has violated any provision of the Oregon...
- 723.812 Actions; assistance.
The Attorney General shall conduct all actions begun by the Director of the Department of Consumer and Business Services under authority of the Oregon Credit...
- 723.816 Prohibited acts.
(1) No credit union officer, director, employee or agent, shall willfully: (a) With intent to deceive, falsify any book of account, report, statement, record or...
- 723.818 Giving false document, statement or report prohibited.
A person may not knowingly give or cause to be given to the Director of the Department of Consumer and Business Services any document or...
- 723.822 Cease and desist orders; contents; effective date; removal or suspension.
(1) The Director of the Department of Consumer and Business Services may issue and serve upon a credit union or a director, officer, committee member,...
- 723.826 [1975 c.544 §57; 1981 c.192 §42; 1985 c.762 §104; 1987 c.215 §9; 1987 c.373 §65; 1991 c.734 §97; renumbered 723.995 in 1995]
- 723.830 Regulation of services performed for credit union.
A credit union may not contract for any of the services described in this section to be performed for the credit union unless both the...
- 723.832 Application to credit unions existing on September 13, 1975.
The provisions of the Oregon Credit Union Act shall apply to the fullest extent permitted by the laws and Constitutions of the United States and...
- 723.836 Effect of amendment or repeal of Oregon Credit Union Act.
(1) The Oregon Credit Union Act may be amended, repealed or modified, but such amendment, repeal or modification shall not take away or impair any...
- 723.840 Limitation on personal liability for good faith acts or omissions.
A person may not be held personally liable for an act or omission by the person in good faith and in compliance with a statute,...
- 723.844 Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box.
(1) This section applies to the safe deposit box of any person who is the sole lessee or last surviving lessee of the box and...
- 723.990 [Repealed by 1975 c.544 §62 and by 1975 c.652 §88]
- 723.992 Criminal penalties.
(1) Violation of ORS 723.816 (1) is a Class C felony. (2) Violation of ORS 723.816 (2) is a Class A misdemeanor. [1975 c.652 §84]
- 723.995 Civil penalties.
(1) The Director of the Department of Consumer and Business Services may assess any person who violates any provision of this chapter or any rule...
Last modified: August 7, 2008