ORS 723.152
General powers

  • rules

In addition to the powers conferred by the general corporation law a credit union may, subject to the restrictions and limitations contained in this chapter and the credit union’s bylaws:

(1)

Make contracts.

(2)

Sue and be sued.

(3)

Adopt, use and alter a common seal.

(4)

Acquire, lease, hold and dispose of property, either in whole or in part, necessary or incidental to the credit union’s operations.

(5)

At the discretion of the board of directors, require any person admitted to membership to pay an entrance fee or annual membership fee, or both.

(6)

Receive savings from members of the credit union in the form of various classes of shares, deposits or deposit certificates, deposit accounts or special-purpose thrift accounts.

(7)

Receive from members of the credit union or from another credit union deposits or deposit certificates, deposit accounts or various classes of shares payable on nonnegotiable request.

(8)

Lend the credit union’s funds to members of the credit union and to other credit unions as provided in this chapter.

(9)

Acquire and lease personal property at the request of a member of the credit union who wishes to lease the property on terms requiring payment, during the term of the lease, of rents that exceed the total expenditures made by the credit union for the acquisition, ownership, financing and protection of the property. Rents may include residual value payments that are the obligation of a responsible third party.

(10)

Borrow from any source in accordance with policy established by the board of directors and issue debentures pursuant to a plan approved by the Director of the Department of Consumer and Business Services. The debentures shall be subordinate to the shares and deposits of the credit union.

(11)

Discount and sell any eligible obligations, subject to rules adopted by the Director of the Department of Consumer and Business Services.

(12)

Sell all or substantially all of the credit union’s assets or purchase all or substantially all of the assets of another credit union, subject to the approval of the Director of the Department of Consumer and Business Services.

(13)

Invest surplus funds as provided in this chapter.

(14)

Make deposits in legally chartered banks, savings banks, savings and loan associations, trust companies and credit unions.

(15)

Assess charges to a member of the credit union in accordance with the credit union’s bylaws for the member’s failure to meet the member’s obligations to the credit union promptly.

(16)

Hold membership in other credit unions organized under this chapter or other state or federal laws, and in other associations and organizations composed of credit unions.

(17)

Declare dividends, pay interest on deposit and deposit certificate accounts and pay interest refunds to borrowers as provided in this chapter.

(18)

Offer products and services reasonably related to the purposes of a credit union as set forth in ORS 723.006 (“Credit union” defined).

(19)

Receive deposits from the federal government or this state, or any agency or political subdivision thereof.

(20)

Make donations or contributions to any civic, charitable, political or community organization as authorized by the board of directors.

(21)

Act as a custodian of qualified pension funds of members of the credit union if permitted by federal law.

(22)

Purchase or make available insurance for the credit union’s directors, officers, agents, employees and members.

(23)

Allow members of the credit union to use share accounts, deposit accounts or deposit certificate accounts as share draft accounts as provided in ORS 723.434 (Share draft accounts).

(24)

Provide digital signature verification or other electronic authentication services to members of the credit union.

(25)

Act as trustee or custodian for members of the credit union under any written trust instrument or custodial agreement in connection with a tax-advantaged savings plan authorized under the Internal Revenue Code, including but not limited to individual retirement, deferred compensation, education savings and health savings accounts, provided that the trust instrument or custodial agreement requires all funds subject to the instrument or agreement to be invested exclusively in share or deposit accounts in the credit union. The State of Oregon, or the applicable instrumentality or municipality, is considered to be a member of the credit union with respect to such deposits, except that the state or other instrumentality or municipality is not entitled to vote, hold office or otherwise participate in the management or operation of the credit union.

(26)

Indemnify the directors, officers, employees and committee members or other volunteers of the credit union in accordance with the provisions of the credit union’s articles, bylaws and the indemnification provisions of ORS chapter 60.

(27)

Sell negotiable checks, including traveler’s checks, money orders and other money transfer instruments, including domestic and international electronic funds transfers, to persons eligible for credit union membership under ORS 723.172 (Credit union membership), whether or not such persons are members of the credit union.

(28)

For a fee, cash checks and money orders and send or receive domestic and international electronic funds transfers for persons eligible for credit union membership under ORS 723.172 (Credit union membership), whether or not such persons are members of the credit union. The fee a credit union may charge for cashing checks or money orders in accordance with this subsection may not exceed the following amounts, as appropriate:

(a)

For a check or money order issued by the federal government or an agency of the federal government, by this state or an agency of this state, by any other state or political subdivision thereof or by the government of the municipality in which a person is cashing the check or money order, or for a check that is a payroll check drawn against an account held in a financial institution in this state:

(A)

$5 or two percent of the face value of the check or money order, whichever is greater, if the person cashing the check or money order provides valid and current government-issued photo identification; or

(B)

$5 or 2-1/2 percent of the face value of the check or money order, whichever is greater, if the person cashing the check or money order does not provide valid and current government-issued photo identification.

(b)

For a check or money order not described in paragraph (a) of this subsection:

(A)

$5 or three percent of the face value of the check or money order, whichever is greater, if the person cashing the check or money order provides valid and current government-issued photo identification; or

(B)

$5 or 3-1/2 percent of the face value of the check or money order, whichever is greater, if the person cashing the check or money order does not provide valid and current government-issued photo identification.

(29)

Exercise other powers that are necessary to carry out the credit union’s purpose. [1975 c.652 §16; 1981 c.290 §3; 1983 c.37 §36b; 1985 c.762 §93; 1985 c.801 §2; 1987 c.650 §4; 1999 c.185 §11; 2001 c.104 §287; 2001 c.308 §2; 2003 c.405 §10; 2005 c.95 §4; 2007 c.343 §3]

Source: Section 723.152 — General powers; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors723.­html.

Attorney General Opinions

Deposit of school district funds, (1975) Vol 37, p 968; Licensing credit union as insurance agent, (1983) Vol 43, p 150

723.001
Definitions
723.002
Short title
723.006
“Credit union” defined
723.008
“Credit union” defined for ORS 723.136 and 723.464 to 723.498
723.012
Organization procedure
723.014
Denial of certificate of approval
723.016
Form of articles and bylaws
723.022
Amendment of articles and bylaws
723.026
Use of name exclusive
723.032
Places of business
723.036
Fiscal year
723.042
Interstate credit unions
723.102
Rulemaking authority
723.106
Reports
723.112
Examinations
723.114
Annual fees paid by credit unions
723.116
Records
723.118
Disclosure of records of department
723.122
Bond or letter of credit
723.126
Enforcement actions
723.132
Order to remove officer, director or committee member
723.134
Receipt of deposits from person not a member of credit union
723.136
Agreements with other credit union supervisory agencies and Financial Crimes Enforcement Network
723.152
General powers
723.156
Exercise of powers of federal credit union
723.172
Credit union membership
723.176
Business and nonbusiness organizations as members
723.182
Other credit unions as members
723.184
State deemed member with respect to deferred compensation deposits
723.186
Members who leave field of membership
723.192
Individual liability
723.196
Meeting of members
723.202
Withdrawal and expulsion of members
723.252
Election of directors and appointment of credit committee and credit manager
723.256
Record of board and committee members
723.262
Vacancies
723.266
Compensation of officials
723.272
Conflicts of interest
723.276
Executive officers
723.282
Authority of directors
723.286
Executive committee
723.292
Meetings of directors
723.296
Duties of directors
723.302
Duties of credit committee
723.306
Meetings of credit committee
723.312
Loan officers
723.316
Chief credit officer
723.322
Duties of supervisory committee
723.326
Suspension and removal of officials
723.338
Duty to notify law enforcement officers of violations of Oregon Credit Union Act
723.402
Shares
723.406
Dividends
723.412
Deposit and deposit certificate accounts
723.426
Joint accounts
723.432
Trust accounts
723.434
Share draft accounts
723.447
Certified share drafts
723.450
Payment on shares and deposits
723.454
Liens
723.460
Reduction in shares
723.464
Deposits made in name of minor
723.466
Disposition of deposit on death of depositor
723.468
Adverse claim to deposit
723.470
Checks drawn by agents presumed to be in authorized manner
723.472
Checks of intoxicated or drugged persons
723.474
Definitions for ORS 723.474 to 723.498
723.476
Application of ORS 723.478, 723.480 and 723.482
723.478
Ownership of multiple-party accounts
723.480
Multiple-party accounts
723.482
Rights of survivorship based on form of account
723.484
Transfers of moneys upon death of depositor or trustee is not testamentary disposition
723.486
Multiple party account
723.488
Joint account
723.490
P.O.D. account
723.492
Trust account
723.494
Discharge of credit union for payments made
723.496
Right of credit union to setoff
723.498
Designation of agent for account
723.502
Purposes
723.506
Application
723.512
Loan limit
723.516
Installments
723.522
Line of credit
723.526
Other loan programs
723.532
Loans to credit union officials
723.536
Loans to nonmembers
723.572
Insurance for members
723.576
Liability insurance for director, officer, employee or agent
723.582
Share and deposit insurance
723.586
Group purchasing
723.602
Investment of funds
723.631
Regular reserve
723.636
Charges to regular reserve
723.646
Special reserves
723.672
Suspension
723.676
Liquidation
723.682
Merger
723.686
Conversion of charter
723.702
Organization
723.706
Membership
723.712
Voting representative
723.716
Additional rights and powers
723.730
Corporate central credit union
723.752
Application of tax statutes to credit unions
723.756
Stock transfer taxes
723.762
Participation in government programs
723.806
Notice to law enforcement officers of violation of Oregon Credit Union Act
723.812
Actions
723.816
Prohibited acts
723.818
Giving false document, statement or report prohibited
723.822
Cease and desist orders
723.830
Regulation of services performed for credit union
723.832
Application to credit unions existing on September 13, 1975
723.836
Effect of amendment or repeal of Oregon Credit Union Act
723.840
Limitation on personal liability for good faith act or omission or exercise of judgment or discretion
723.844
Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box
723.992
Criminal penalties
723.995
Civil penalties
Green check means up to date. Up to date