ORS 716.588
Investments in certain corporate capital stocks

  • conditions
  • restrictions on corporate indebtedness

(1)

A savings bank may invest the funds mentioned in ORS 716.410 (Limitations on investments) in the capital stock of a corporation organized under the laws of this state if:

(a)

All of the capital stock of the corporation is owned by one or more savings banks organized under the laws of this state;

(b)

The activities of the corporation are performed directly or through one or more wholly owned subsidiaries, and consist only of one or more of the following:

(A)

Originating, purchasing, selling and servicing education loans and loans and participations in loans secured by first liens upon real estate and manufactured dwellings, including brokerage and warehousing of loans;

(B)

Making any investment which would be an authorized investment of a savings bank organized under the laws of this state;

(C)

Performing services for savings banks organized under the laws of this state; or

(D)

Making investments in unimproved real estate for the purpose of prompt development and subdivision;

(c)

The aggregate outstanding investment in the capital stock, obligations, or other securities of service corporations and subsidiaries thereof, including all loans, secured and unsecured, to the service corporations or any subsidiaries thereof and to joint ventures of the service corporation or subsidiaries, whether or not the savings bank is a stockholder in the service corporation, do not exceed three percent of the savings bank’s assets. For the purpose of this subsection the term “aggregate outstanding investment” means the sum of the amounts paid for the acquisition of capital stock or securities and amounts invested in obligations of service corporations, less amounts received from the sale of capital stock or securities of service corporations and amounts paid to the savings bank to retire obligations of service corporations; and

(d)

The corporation executes and files with the Director of the Department of Consumer and Business Services a written agreement in the form prescribed by the Director that the corporation will permit and pay the cost of examinations and audits by the director as the director considers necessary.

(2)

If one of the savings banks holds more than 40 percent of the stock, the corporation, including any subsidiary, shall not incur or have outstanding at any time debts in excess of the following limitations:

(a)

In the case of an unsecured debt other than to a holder of its capital stock, the lesser of an amount equal to one percent of the assets of the holder or holders of its capital stock or to the investment in the stock, obligations or other securities of the corporation by the holder or holders of its capital stock, excluding secured debts owed by the corporation to the holder or holders; and

(b)

In the case of a secured debt, other than to a holder of its capital stock, the lesser of an amount equal to four percent of the assets of the holder or holders of its capital stock or four times the investment in the stock obligations or other securities of the corporation by the holder or holders of its capital stock excluding secured debts owed by the corporation to the holder or holders. [1973 c.797 §375b; 1981 c.192 §31; 1987 c.911 §15; 1999 c.59 §224; 2005 c.80 §5]

Source: Section 716.588 — Investments in certain corporate capital stocks; conditions; restrictions on corporate indebtedness, https://www.­oregonlegislature.­gov/bills_laws/ors/ors716.­html.

716.024
Provisions of Bank Act applicable to Oregon savings banks and Oregon stock savings banks
716.028
Application for authority to organize
716.032
Investigation and ruling on application
716.040
Articles of incorporation
716.050
Approval of articles
716.055
Creation of guaranty and expense funds
716.060
Maintenance of guaranty fund or liquidation account
716.070
Expense fund
716.080
Issuance of charter
716.100
Effect of failure to complete organization
716.120
Conditions precedent to transaction of business
716.135
Amendment of articles of incorporation
716.140
Resolution for amending articles
716.145
Form and content of articles of amendment
716.160
Restated articles of incorporation
716.180
Bylaws
716.185
Registered agent
716.187
Changes in registered office or agent
716.190
Resignation of registered agent
716.195
Service of process on Oregon savings bank
716.205
Salaries of certain directors
716.210
Number and qualifications of directors
716.320
Removal of director
716.410
Limitations on investments
716.420
Permitted investments
716.441
Investments in equipment trust certificates
716.450
Investments in certain obligations
716.460
Investments in demand notes secured by deposit accounts
716.520
Investments in bankers’ acceptances, bills of exchange, savings or time accounts
716.530
Investments in corporate bonds, notes and debentures
716.535
Investments in common stock of federally chartered corporation providing secondary mortgage sale markets and Federal Home Loan Bank
716.540
Investments in obligations of reconstruction and development banks
716.545
Investments in bonds of Dominion of Canada
716.552
Investments in notes or bonds secured by real estate mortgages or trust deeds
716.554
Participation in investments in notes or bonds secured by real estate mortgages or trust deeds
716.556
Investment in loans secured by pledged notes or bonds
716.558
Investment in notes or bonds secured by mortgages or trust deeds on real property leases
716.562
Investment in notes or bonds secured by mortgages or trust deeds to finance building construction and improvement
716.564
Investment in notes or bonds secured by mortgages or trust deeds to finance real estate development
716.566
Documents to be furnished by borrower in real estate loans
716.568
Requirement of insurance for loan secured by mortgage, trust deed or other instrument on real estate
716.572
Mortgage loan applications
716.574
Purchase of real estate sale contract as loan
716.578
Purchase of notes secured by real estate from third persons
716.584
Limitations on single loans on real estate
716.586
Credit card transactions
716.588
Investments in certain corporate capital stocks
716.590
Miscellaneous investments
716.592
Pledging assets to secure public funds
716.594
Authority of Oregon savings bank to acquire corporation licensed as insurance producer
716.600
Relationship to powers of federal savings banks
716.610
General powers
716.626
Certificates indicating contribution to guaranty or expense funds
716.630
Real estate held for use as place of business
716.780
Crediting portion of net earnings to guaranty fund
716.790
Computation of guaranty fund
716.800
Repayment of contributions made to expense fund and guaranty fund
716.805
Determining earnings
716.830
Payment of dividends
716.840
Liability of directors voting improper dividend
716.850
False advertising of surplus or guaranty fund prohibited
716.900
Voluntary dissolution of Oregon nonstock banks
716.905
Notice of intention to close
716.910
Report to director
716.915
Voluntary liquidation
716.991
Civil penalties
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