(1) A person may submit a written request for a certificate from the Director of the Department of Consumer and Business Services for purposes of complying with the provisions of ORS § 56.023. The request shall provide such information as the director may require by rule or order.

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Terms Used In Oregon Statutes 705.635

  • Department: means the Department of Consumer and Business Services. See Oregon Statutes 705.010
  • Director: means the Director of the Department of Consumer and Business Services. See Oregon Statutes 705.010
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) Upon receiving a request for a certificate under subsection (1) of this section, the director shall within 10 business days determine whether the requested name and intended activity are in compliance with the provisions of the Bank Act and ORS § 86A.095 to 86A.198, 86A.990 and 86A.992 and ORS chapters 59, 645, 705, 717, 725 and 726.

(3)(a) If the director determines that use of the requested name or intended activity is in compliance with the Bank Act and ORS § 86A.095 to 86A.198, 86A.990 and 86A.992 and ORS chapters 59, 645, 705, 717, 725 and 726, the director shall issue a written certificate.

(b) If the director determines that use of the requested name or intended activity is not in compliance with the Bank Act and ORS § 86A.095 to 86A.198, 86A.990 and 86A.992 and ORS chapters 59, 645, 705, 717, 725 and 726, the director shall promptly notify the requester in writing, who may:

(A) Amend the name or activity and submit a written request to the director for reconsideration; or

(B) Request that the director conduct an administrative hearing. The hearing shall be conducted as a contested case hearing pursuant to ORS Chapter 183. [2001 c.315 § 45; 2009 c.541 § 25]