ORS 725A.500
Definitions


As used in ORS 725A.500 (Definitions) to 725A.530 (Ombudsman):

(1)

“Affiliate” means a person that controls, is controlled by or is under common control with another person.

(2)

“Applicant” means a person that applies for a license to engage in business as a student loan servicer in this state.

(3)

“Borrower” means a resident of this state who has received or agreed to pay a student loan or another person who shares responsibility with the resident for repaying a student loan.

(4)

“Branch office” means a location at which a business entity services a student loan other than the business entity’s headquarters or principal place of business.

(5)

“Business entity” means a corporation, limited liability company, partnership, limited partnership, business trust, joint venture or other form of business organization the constituent parts of which share a common economic interest.

(6)

“Controller” means:

(a)

A director, officer or general partner of a business entity;

(b)

A managing member of a limited liability company;

(c)

A person that has a direct or indirect right to vote 10 percent or more of the securities of a business entity that have voting rights or the power to sell or cause the sale of 10 percent or more of any class of a business entity’s securities;

(d)

A person that has contributed 10 percent or more to a partnership’s capital or has the right to receive a distribution of 10 percent or more of a partnership’s capital or assets upon dissolution; or

(e)

A person that, under the terms of a contract or because the person has an ownership interest in another person, has the power to manage or set policies for the other person or otherwise direct the other person’s operations or affairs.

(7)

“Licensee” means a person that has applied for and obtained or renewed a license from the Director of the Department of Consumer and Business Services to engage in business as a student loan servicer in this state.

(8)

“Manager” means an individual who has supervisory authority over employees and operations at a business entity’s branch office or other business location.

(9)

“Person” means an individual or a business entity.

(10)

“Service a student loan” means to:

(a)

Receive a scheduled periodic payment from a borrower under the terms of a student loan;

(b)

Apply payments of principal and interest and other payments from a borrower in accordance with the terms of a student loan; or

(c)

Perform other administrative services with respect to a student loan including, but not limited to, performing any of the following actions during periods in which a payment on a student loan is not due:

(A)

Maintaining account records for the student loan;

(B)

Communicating with the borrower about the student loan on behalf of the lender; or

(C)

Interacting with a borrower to prevent a default on a student loan or to enable the activities described in paragraphs (a) and (b) of this subsection.

(11)

“Student loan” means a loan the proceeds of which a borrower uses primarily for personal use to pay education expenses or other school-related expenses. [2021 c.651 §1]
Note: 725A.500 (Definitions) becomes operative July 1, 2022. See section 13, chapter 651, Oregon Laws 2021.

Source: Section 725A.500 — Definitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors725A.­html.

725A.010
Definitions
725A.012
Application
725A.020
Licensing requirement
725A.022
License application
725A.024
License application approval
725A.026
Grounds for disapproving license application
725A.028
License fee
725A.030
Annual report
725A.032
Business name and location
725A.034
License revocation and suspension
725A.036
License reinstatement
725A.038
License surrender
725A.040
Effect of license revocation, suspension or surrender
725A.050
Director’s power to examine or investigate
725A.052
Record keeping requirements
725A.054
Duty to report defalcation
725A.056
Loan disclosure requirements
725A.058
Dissemination of false, misleading or deceptive statement
725A.060
Prohibited conduct generally
725A.062
Prohibited conduct for title loan lender
725A.064
Prohibited conduct for payday loan lender
725A.080
Complaint and administrative remedy
725A.082
Cease and desist order
725A.084
Suspension or removal of officer or director of licensee
725A.086
Limitation of personal liability
725A.090
Loan tracking and counseling system
725A.092
Rules
725A.500
Definitions
725A.503
Prohibition on servicing student loan without license
725A.506
Application for licensing
725A.509
Duties of licensee
725A.512
Requirement to maintain liquidity, operating reserves and tangible net worth
725A.515
Required notifications from licensee to director
725A.518
Supervisory powers of director
725A.521
Required practices under federal student loan agreement
725A.524
Investigation of complaints
725A.527
Violations
725A.530
Ombudsman
725A.990
Penalties
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