Or. Admin. R. 123-018-0150 - Withdrawal of Excess Deposits in Loss Reserve Accounts
Upon and after a formal determination or order by the Director of the Department:
(1) The following
shall apply to all interest earnings on moneys transferred by the Department to
match transmitted fees, as described in OAR 123-018-0085, for any loan enrolled
after the date of Director's order:
(a) All
Participating Financial Institutions shall continually remove such interest
earnings from the Loss Reserve Account, paying the amount of such interest to
the Department or sequestering them in a separate account;
(b) Such interest earnings shall not be
available to cover any Loss, regardless of when they are effectively
sequestered or transferred as described in this rule; and
(c) Such interest earnings shall be paid or
transferred to the Department consistent with policies and directions of the
Department, pursuant to the Director's determination; and
(2) Interest earnings arising from prior
match funds or from any fee assessed on or paid by a Borrower or Lender shall
remain in the Loss Reserve Account and available to cover Losses.
Notes
Stat. Auth.: ORS 285A.075 & 285B.115(3)
Stats. Implemented: ORS 285B.115 & 285B.119
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