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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,
DIVISION OF FINANCE AND CORPORATE SECURITIES

 

DIVISION 500

BANKING

Definitions

[ED. NOTE: Pursuant to Chapter 373, Oregon Law 1987, the Department of Commerce, Financial Institutions Division was transfered to the Department of Insurance and Finance, Finance and Corporate Securities Division, Oregon Administrative Rules Chapter 441.]

441-500-0000 [Renumbered to 441-505-1100]

441-500-0020

Fees for Banks, Trust Companies, Savings Banks, Extranational Institutions, Savings Associations and Call for Reports

(1) Definitions.

(a) As used in this rule, "assets" means;

(A) The average assets of an Oregon based insured institution; or

(B) The average Oregon assets of an extranational institution.

(b) For the purposes of determining averages in subsections (1)(a):

(A) Average assets for an Oregon based insured institution shall be determined from the quarterly Call Reports of Condition and Income filed with the applicable federal supervisory agency for the calendar year immediately preceding the due date of the fee assessment; and

(B) Average Oregon assets in for an extranational institution shall be determined from the quarterly reports of Oregon Assets filed with the Director for the calendar year immediately preceding the due date of the assessment.

(2) Call for Reports. To the extent any report used to determine the fee assessment is not required to be filed or made available to the Director under other Banking Rules, the specific reports shall be provided by the insured institution or extranational institution upon the call of the Director to allow the fee assessments to be determined.

(3) Subject to section (10) of this rule, the annual fee assessment under ORS 706.530 for an insured institution subject to the jurisdiction of the Director, including a savings association, is: If assets are:

(a) Less than $10 million, $800 plus .000275 of all assets;

(b) $10 million or more but less than $25 million, $1,625 plus .000200 of all assets;

(c) $25 million or more but less than $100 million, $2,895 plus .000153 of all assets;

(d) $100 million or more but less than $500 million, $9,795 plus .000090 of all assets;

(e) $500 million or more but less than $1 billion, $22,795 plus .000066 of all assets;

(f) $1 billion or more but less than $2 billion, $24,795 plus .000064 of all assets;

(g) $2 billion or more but less than $3 billion, $26,795 plus .000063 of all assets;

(h) $3 billion or more but less than $4 billion, $29,795 plus .000062 of all assets;

(i) $4 billion or more, $33,795 plus .000061 of all assets.

(4) Subject to section (10) of this rule, the annual fee assessment determined in section (3) of this rule shall include a risk-based assessment calculated on the basis of the CAMELS rating assigned to the insured institution as of December 31 in the calendar year immediately preceding the due date of the risk-based assessment. The rate of the risk-based assessment is as follows: [Table not included. See ED. NOTE.]

(5) Subject to section (10) of this rule, the annual regulatory fee assessment under ORS 706.530 for each trust company subject to the Director's jurisdiction is $2,000 plus:

(a) .000060826 of the first $150 million in managed assets; and .000030413 of managed assets greater than $150 million;

(b) .0000152065 of the first $150 million in custodial assets; and .0000076075 of custodial assets greater than $150 million.

(6) Subject to section (10) of this rule, the annual regulatory fee assessment under ORS 706.530 and 713.090 for each extranational institution is: If Oregon assets are:

(a) Less than $10 million, $845 plus .000310 of all assets;

(b) $10 million or more but less than $25 million, $2,545 plus .000140 of all assets;

(c) $25 million or more but less than $100 million, $3,545 plus .000100 of all assets;

(d) $100 million or more but less than $500 million, $6,745 plus .000068 of all assets;

(e) $500 million or more, but less than $1 billion, $10,245 plus .000061 of all assets;

(f) $1 billion or more but less than $2 billion, $15,245 plus .000056 of all assets;

(g) $2 billion or more, $17,245 plus .000055 of all assets.

(7) The fees assessed by this rule are not subject to prorate or refund.

(8) If no fee is assessed during any year under sections (3) or (5) of this rule because an insured institution did not have Oregon assets during the calendar year immediately preceding the due date of the assessment, the insured institution may be charged for actual cost, if the Director participates in any examination of the institution during the same calendar year. Actual cost shall be determined in the same way as provided in OAR 441-500-0030.

(9) All fees assessed under sections (3) to (6) of this rule are due and payable on April 1of each calendar year.

(10)(a) The Director may by order reduce the fees assessed for any specific year.

(b) When a fee is assessed under sections (3) to (6) of this rule, the assessment shall not be less than:

(A) $5,000 for an insured institution, including a savings association, under section (3);

(B) $2,500 for a trust company under section (5) and an extranational institution under section (6).

(11) The charges for special examination and special attention provided in OAR 441-500-0030 are in addition to and not in lieu of the fees assessed by this rule.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 705.620
Stats. Implemented: ORS 706.530
Hist.: FID 2-1986, f. & ef. 3-7-86; FID 3-1986, f. & ef. 5-15-86; FID 4-1986, f. & ef. 7-25-86; FCS 2-1988, f. 1-29-88, cert. ef. 2-1-88; Renumbered from 805-002-0100; FCS 1-1989, f. 1-18-89, cert. ef. 2-1-89; FCS 1-1993, f. & cert. 2-23-93; FCS 4-1994, f. & cert. ef. 4-25-94; FCS 1-1998, f. & cert. ef. 3-31-98, Renumbered from 441-505-0020; FCS 6-2007, f. & cert. ef. 10-22-07; FCS 1-2008, f.& cert. ef. 1-28-08; FCS 2-2009, f. & cert. ef. 2-3-09; FCS 9-2009, f. 9-15-09, cert. ef. 9-25-09; FCS 2-2010, f. & cert. ef. 3-16-10

441-500-0030

Charges for Special Examinations and Special Attention for Banks, Trust Companies, Savings Banks, Extranational Institutions and Savings Associations

(1) Applicability. This rule applies to a banking institution, non-Oregon institution, savings institution and a holding company of an Oregon bank and trust company, but not a federal bank.

(2) In addition to the schedule of fees adopted in OAR 441-500-0020, "Actual costs" as charged for special examinations includes:

(a) $75 an hour for each of the Director's staff assigned to the special examination for time performing the examination, writing reports and related administrative tasks;

(b) Reasonable actual cost to the Director for a consultant hired for the particular assignment or for other state staff assigned to the matter; and

(c) Reasonable actual travel and per diem costs incurred by the Director or staff.

Stat. Auth.: ORS 706.544 & 715.045
Stats. Implemented: ORS 706.544 & 715.045
Hist.: FID 2-1986, f. & ef. 3-7-86; Renumbered from 805-002-0110; Suspended by FCS 3-1997(Temp), f. 10-6-97; FCS 1-1998, f. & cert. ef. 3-31-98, Renumbered from 441-505-0030; FCS 1-2008, f. & cert. ef. 1-28-08

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