ORS 717.210
Exemptions

  • waiver
  • rules

(1)

ORS 717.200 (Definitions) to 717.320 (Short title), 717.900 (Civil penalties) and 717.905 (Criminal penalties) do not apply to:

(a)

Any company that accepts deposits in this state and that is insured under the Federal Deposit Insurance Act, 12 U.S.C. 1811 et seq., as amended.

(b)

Credit unions or trust companies.

(c)

The United States Government or any department, agency or instrumentality thereof.

(d)

The United States Postal Service.

(e)

Any state or political subdivision of a state.

(f)

The provision or electronic transfer of government benefits for any federal, state or county government or other agency as defined in the Federal Reserve Board Regulation E (12 C.F.R. part 205), by a contractor for and on behalf of the United States Government or any department, agency or instrumentality of the United States, or any state or any political subdivision of a state.

(g)

The provision or handling of electronic or other transfer of escrowed moneys by an escrow agent licensed under ORS 696.511 (License requirement) to the extent that the escrow agent is:

(A)

Closing an escrow, as defined in ORS 696.505 (Definitions for ORS 696.505 to 696.590);

(B)

Engaging in activity related to a collection escrow, as defined in ORS 696.505 (Definitions for ORS 696.505 to 696.590); or

(C)

Serving as a trustee of a trust deed in accordance with ORS 86.713 (Qualifications of trustee).

(h)

Authorized delegates of a licensee, acting within the scope of authority conferred by a written contract as described in ORS 717.270 (Conduct of money transmission business through authorized delegates).

(i)

Any bank holding company as defined in the federal Bank Holding Company Act of 1956, 12 U.S.C. 1841 et seq., as amended, or any financial holding company as defined in ORS 706.008 (Additional definitions for Bank Act).

(j)

Any savings and loan holding company as defined in 12 U.S.C. 1467a (a)(1)(D), as amended.

(2)

The Director of the Department of Consumer and Business Services by rule or order may modify or waive the application of ORS 717.200 (Definitions) to 717.320 (Short title), 717.900 (Civil penalties) and 717.905 (Criminal penalties) to any person or group of persons if the director determines that adequate regulation of the person or group of persons is provided by law or by another agency of this state.

(3)

The director by rule or order may temporarily suspend the application of ORS 717.200 (Definitions) to 717.320 (Short title), 717.900 (Civil penalties) and 717.905 (Criminal penalties) to any person or group of persons while the director considers whether an exemption should be granted and during the pendency of any rulemaking proceeding proposing to create an exemption. [1999 c.571 §4; 2001 c.377 §50; 2013 c.444 §3]

Source: Section 717.210 — Exemptions; waiver; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors717.­html.

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