ORS 59.175
Procedures for notice filing and licensing

  • rules
  • examination
  • bond, letter of credit or other security
  • insurance
  • filing trade name or assumed business name
  • fees

(1)

The Director of the Department of Consumer and Business Services by rule shall establish procedures for notice filings required of federal covered investment advisers as well as procedures for licensing broker-dealers, state investment advisers, investment adviser representatives and salespersons. The director may coordinate notice filings or licensing with any national registration, licensing or notice filing system.

(2)

The director may require an applicant for a license as a broker-dealer or state investment adviser, including the applicant’s partners, directors, officers or any person occupying a similar status or performing similar functions, and any person directly or indirectly controlling such applicant and a person for whom application for a license as a salesperson or investment adviser representative is made, to pass an examination on such person’s knowledge and understanding of the Oregon Securities Law and the securities business. The director may establish by rule a fee for the examination.

(3)

The director may make such further examination of the applicant and the applicant’s affairs as the director deems advisable and may require by rule or order that the applicant publish an announcement of the application in such manner as the director may specify.

(4)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in paragraph (b) or (c) of this subsection, every applicant for a license as a broker-dealer or state investment adviser shall file with the director a corporate surety bond or irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 (Additional definitions for Bank Act) or such other security as the director may approve by rule running to the State of Oregon in a sum to be established by rule of the director, but in no event more than $100,000.

(b)

Licensed broker-dealers subject to section 15 of the Securities Exchange Act of 1934, as amended, are not required to comply with paragraph (a) of this subsection, nor are such licensed broker-dealers required to comply with any net capital requirements imposed by the director by rule or otherwise.

(c)

A licensed state investment adviser who has its principal place of business in a state other than this state shall be exempt from the requirements of paragraph (a) of this subsection and from any net capital requirements imposed by the director by rule or otherwise, as long as the licensed state investment adviser is:

(A)

Registered or licensed as a state investment adviser in the state where it maintains its principal place of business; and

(B)

In compliance with the bonding or net capital requirements of the state where it maintains principal place of business.

(5)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in paragraph (b) or (c) of this subsection, every applicant for a license or renewal of a license as a broker-dealer or state investment adviser shall file with the director proof that the applicant maintains an errors and omissions insurance policy in an amount of at least $1 million from an insurer authorized to transact insurance in this state or from any other insurer approved by the director according to standards established by rule.

(b)

A licensed broker-dealer subject to section 15 of the Securities Exchange Act of 1934, as amended, is not required to comply with paragraph (a) of this subsection.

(c)

A licensed state investment adviser who has its principal place of business in a state other than this state is exempt from the requirements of paragraph (a) of this subsection.

(6)

Intentionally left blank —Ed.

(a)

Subject to paragraph (b) of this subsection, if the application, surety bond, irrevocable letter of credit or other security, errors and omissions insurance policy and fees are in order and the director is satisfied that the application should not be denied upon one or more of the grounds specified in ORS 59.205 (Grounds for denying, suspending, revoking or imposing condition or restriction on license) to 59.225 (Cancellation of license or application), the director shall license the broker-dealer, state investment adviser, salesperson or investment adviser representative.

(b)

If the director determines under ORS 59.205 (Grounds for denying, suspending, revoking or imposing condition or restriction on license) or 59.215 (Action against applicant or licensee for act or omission of associate) that a condition or restriction should apply to the license, the director, at the time the license is issued, shall specify in writing to the licensee the condition or restriction applicable to the license.

(7)

A licensee under ORS 59.165 (Licensing of broker-dealers, investment advisers and salespersons required) shall amend the license application when there are material changes in the information contained in the original application.

(8)

An applicant for or a person holding a license issued under ORS 59.005 (Short title) to 59.505 (Provision of records to law enforcement and certain state agencies) may file with the director a trade name, as defined in ORS 647.005 (Definitions), or an assumed business name, as defined in ORS 648.005 (Definitions). The trade name or assumed business name shall be filed in a form and manner established by rule by the director. If the application is complete and the fee described in subsection (9) of this section is paid, the director shall issue an order authorizing the licensee to operate under the trade name or assumed business name. The order shall remain in effect until canceled, suspended or revoked.

(9)

The director shall charge and collect fees for:

(a)

An application for a license as a broker-dealer or state investment adviser;

(b)

An application to renew a license as a broker-dealer or state investment adviser;

(c)

An application for a license as a salesperson;

(d)

An application to renew a license as a salesperson;

(e)

An application for a license as an investment adviser representative;

(f)

An application to renew a license as an investment adviser representative;

(g)

A notice filing for a federal covered investment adviser;

(h)

A notice filing renewal for a federal covered investment adviser; and

(i)

A filing for use of a trade name or an assumed business name.

(10)

Intentionally left blank —Ed.

(a)

The director shall set the fees described in subsection (9) of this section in an amount that the director determines is equal as nearly as possible to the national midpoint for similar fees charged by all other state regulatory agencies within the United States responsible for regulating securities.

(b)

The director may adjust the amount of a fee described in subsection (9) of this section every two years to reflect changes in the national midpoint for a similar fee.

(c)

In determining the national midpoint for similar fees under this section, the director may consider national midpoints determined by the North American Securities Administrators Association, the National Association of Securities Dealers or the United States Securities and Exchange Commission.

(11)

Except as provided in this subsection, the fees under this section are not refundable. The director may provide for a method of equitably adjusting the payment of fees for broker-dealers, federal covered investment advisers, state investment advisers, salespersons and investment adviser representatives when the director determines that the changes in filing periods and expiration dates under ORS 59.185 (Expiration of license) are not equitable for the person making the payment. [1967 c.537 §18; 1969 c.137 §4; 1971 c.624 §3; 1985 c.349 §17; 1987 c.603 §11; 1989 c.197 §9; 1991 c.331 §16; 1993 c.508 §31; 1997 c.631 §376; 1997 c.772 §16; 1999 c.53 §3; 2001 c.32 §2; 2003 c.270 §5; 2003 c.785 §4; 2017 c.313 §1]

Source: Section 59.175 — Procedures for notice filing and licensing; rules; examination; bond, letter of credit or other security; insurance; filing trade name or assumed business name; fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors059.­html.

Notes of Decisions

An action on the bond under this section is not subject to the three-year statute of limitations under ORS 59.115. State ex rel Healy v. Maryland Cas. Co. and Deal, 27 Or App 735, 557 P2d 258 (1976), Sup Ct review denied

Successive bonds were correctly construed as cumulative where the bonds did not provide for limited or aggregate liability. State ex rel Healy v. Maryland Cas. Co. and Deal, 27 Or App 735, 557 P2d 258 (1976), Sup Ct review denied

59.005
Short title
59.015
Definitions for Oregon Securities Law
59.025
Securities exempt from registration
59.035
Transactions exempt from registration
59.045
Authority of director to deny, withdraw or condition exemptions
59.049
Federal covered securities exempt from registration
59.051
Statutory references to federal law
59.055
Conditions of offer and sale of securities
59.065
Registration procedures
59.070
Amended registration application
59.075
Registration by director
59.085
Conditions imposed on registration
59.095
Approval of plan to issue securities in exchange for other securities, claims or property
59.105
Denial, suspension or revocation of registration
59.115
Liability in connection with sale or successful solicitation of sale of securities
59.125
Effect of notice of offer to repay purchaser
59.127
Liability in connection with purchase or successful solicitation of purchase of securities
59.131
Effect of notice of intent to return unlawfully purchased security
59.135
Fraud and deceit with respect to securities or securities business
59.137
Liability in connection with violation of ORS 59.135
59.145
Effect of notice filing, registration or license
59.155
Director is agent for service of process
59.165
Licensing of broker-dealers, investment advisers and salespersons required
59.175
Procedures for notice filing and licensing
59.185
Expiration of license
59.195
Licensees to keep records
59.205
Grounds for denying, suspending, revoking or imposing condition or restriction on license
59.215
Action against applicant or licensee for act or omission of associate
59.225
Cancellation of license or application
59.235
General supervision over persons dealing in securities
59.245
Investigations
59.255
Enjoining violations
59.265
Procedure when assets or capital of broker-dealer or investment adviser found impaired
59.275
Burden of proof
59.285
Rules
59.295
Notice of orders
59.305
Judicial review of orders
59.315
Oaths and subpoenas in proceedings before director
59.325
Certified copies of documents
59.331
Scope of Attorney General powers
59.335
Application of certain sections
59.345
When offer to sell or buy is made in this state
59.350
Treatment of certain transactions
59.355
Corporations subject to other laws
59.365
Common-law and statutory rights not limited
59.370
Limitation on liability for good faith act or omission
59.451
Prohibition against filing false statement by person under investigation or examination
59.480
Definitions for ORS 59.480 to 59.505
59.485
Required reporting by certain securities professionals of suspected financial exploitation
59.490
Notifications to third parties
59.495
Delay of disbursements
59.500
Limitation on liability
59.505
Provision of records to law enforcement and certain state agencies
59.535
Definitions for ORS 59.535 to 59.585
59.540
Registration in beneficiary form
59.545
Registration in beneficiary form
59.550
Origination of registration in beneficiary form
59.555
Form of registration in beneficiary form
59.560
Effect of registration in beneficiary form
59.565
Ownership on death of owner
59.570
Protection of registering entity
59.575
Nontestamentary transfer on death
59.580
Terms, conditions and forms for registration
59.585
Short title
59.710
Definitions for ORS 59.710 to 59.830
59.720
Application of ORS 59.710 to 59.830 to real estate contracts and brokers
59.730
Making contract involving securities without intending a bona fide sale or purchase
59.740
Conducting bucket shop or repeatedly making forbidden contracts
59.750
Receipt or communication of prices for purpose of forbidden contract
59.760
Reporting false sale of securities with intent to deceive
59.770
Manipulating market by pretended sales
59.780
Broker’s trading against customer’s order
59.790
Insolvent broker-dealer receiving securities from customer
59.800
Pledge or sale by broker-dealer of customer’s securities
59.810
Delivery to customer of true statement of purchase or sale made by broker
59.820
Actions against corporation for second violation
59.830
Self-incrimination by witness
59.991
Criminal penalties for ORS 59.005 to 59.505 and 59.710 to 59.830
59.995
Civil penalties for ORS 59.005 to 59.505 and 59.710 to 59.830
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