(1) The Oregon Business Development Department shall establish a loss reserve account for each financial institution with which the department makes a contract under ORS § 285B.113.

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(2) The loss reserve account for a financial institution shall consist of moneys paid as fees by borrowers and the financial institution under ORS § 285B.117 and moneys transferred to the account from the Capital Access Fund under ORS § 285B.117.

(3) Notwithstanding ORS Chapter 293 or 295, the department may establish and maintain loss reserve accounts with any financial institution under such policies as the department may adopt. The department may establish rules to encourage financial institutions to participate in the capital access program.

(4) All moneys in a loss reserve account established under ORS § 285B.109 to 285B.119 are the property of the State of Oregon. [Formerly 285B.135]