(1) ORS § 717.200 to 717.320, 717.900 and 717.905 do not apply to:

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Terms Used In Oregon Statutes 717.210

  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100

(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 to the extent that the escrow agent is:

(A) Closing an escrow, as defined in ORS § 696.505;

(B) Engaging in activity related to a collection escrow, as defined in ORS § 696.505; or

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

(h) Authorized delegates of a licensee, acting within the scope of authority conferred by a written contract as described in ORS § 717.270.

(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.

(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 to 717.320, 717.900 and 717.905 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 to 717.320, 717.900 and 717.905 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]