59.095 Approvalof plan to issue securities in exchange for other securities, claims orproperty
59.105 Denial,suspension or revocation of registration
59.115 Liabilityin connection with sale or successful solicitation of sale of securities;recovery by purchaser; limitations on proceeding; attorney fees
59.125 Effectof notice of offer to repay purchaser; exceptions; registration of transaction
59.127 Liabilityin connection with purchase or successful solicitation of purchase ofsecurities; recovery by seller; limitations on proceeding; attorney fees
59.131 Effectof notice of intent to return unlawfully purchased security; contents ofnotice; registration of transaction
59.135 Fraudand deceit with respect to securities or securities business
59.137 Liabilityin connection with violation of ORS 59.135; damages; defense; attorney fees;limitations on proceeding
59.145 Effectof notice filing, registration or license
59.155 Directoris agent for service of process; manner of service; exceptions
(Licensingof Broker-Dealers, Investment Advisers and Salespersons)
59.165 Licensingof broker-dealers, investment advisers and salespersons required; rules
59.175 Proceduresfor notice filing and licensing; rules; examination; bond, letter of credit orother security; filing trade name or assumed business name; fees
59.185 Expirationof license; rules for renewal; change in personnel
59.195 Licenseesto keep records; inspection; filing of financial reports
59.205 Groundsfor denying, suspending, revoking or imposing condition or restriction onlicense
59.215 Actionagainst applicant or licensee for act or omission of associate; exceptions
59.225 Cancellationof license or application; application for withdrawal; effect of suspension orrevocation
(Powersof Director)
59.235 Generalsupervision over persons dealing in securities
59.245 Investigations;publicity with respect to violations; cease and desist order
59.255 Enjoiningviolations; fine; appointment of receiver; attorney fees; damages to privateparties
59.265 Procedurewhen assets or capital of broker-dealer or investment adviser found impaired;involuntary liquidation
59.275 Burdenof proof
59.285 Rules;financial statements
59.295 Noticeof orders; hearings on orders
59.305 Judicialreview of orders
59.315 Oathsand subpoenas in proceedings before director
59.325 Certifiedcopies of documents; fee; effect of certification
(Enforcementby Attorney General)
59.331 Scopeof Attorney General powers; consent of director; powers of circuit court;damages, restitution, disgorgement and other penalties
(MiscellaneousProvisions)
59.335 Applicationof certain sections
59.345 Whenoffer to sell or buy is made in this state
59.350 Treatmentof certain transactions
59.355 Corporationssubject to other laws
59.365 Common-lawand statutory rights not limited
59.370 Limitationon liability for good faith act or omission; reports regarding salespersons orinvestment adviser representatives; limitation on liability related to reports;rules
(RequiredReports and Statements)
59.451 Prohibitionagainst filing false statement by person under investigation or examination
UNIFORMTOD SECURITY REGISTRATION ACT
59.535 Definitionsfor ORS 59.535 to 59.585
59.540 Registrationin beneficiary form; sole or joint tenancy ownership
59.545 Registrationin beneficiary form; applicable law
59.550 Originationof registration in beneficiary form
59.555 Formof registration in beneficiary form
59.560 Effectof registration in beneficiary form
59.565 Ownershipon death of owner
59.570 Protectionof registering entity
59.575 Nontestamentarytransfer on death
59.580 Terms,conditions and forms for registration
59.585 Shorttitle; rules of construction
PROHIBITIONOF CERTAIN SECURITY TRANSACTIONS
59.710 Definitionsfor ORS 59.710 to 59.830
59.720 Applicationof ORS 59.710 to 59.830 to real estate contracts and brokers
59.730 Makingcontract involving securities without intending a bona fide sale or purchase
59.740 Conductingbucket shop or repeatedly making forbidden contracts
59.750 Receiptor communication of prices for purpose of forbidden contract
59.760 Reportingfalse sale of securities with intent to deceive
59.770 Manipulatingmarket by pretended sales
59.780 Broker’strading against customer’s order; violation of ORS 59.780 to 59.800 by memberof broker’s firm
59.790 Insolventbroker-dealer receiving securities from customer
59.800 Pledgeor sale by broker-dealer of customer’s securities
59.810 Deliveryto customer of true statement of purchase or sale made by broker
59.820 Actionsagainst corporation for second violation
59.830 Self-incriminationby witness; immunity from prosecution
PENALTIES
59.991 Criminalpenalties for ORS 59.005 to 59.451 and 59.710 to 59.830; exceptions
59.995 Civilpenalties for ORS 59.005 to 59.451 and 59.710 to 59.830; exceptions
OREGONSECURITIES LAW
(Generally)
59.005Short title.ORS 59.005 to 59.451, 59.991 and 59.995 may be cited as the Oregon Securities Law.[1967 c.537 §2]
59.010 [Repealed by1967 c.537 §36]
59.015Definitions for Oregon Securities Law. As used in the Oregon Securities Law,unless the context otherwise requires:
(1)“Broker-dealer” means a person who engages, all or part of the time, ineffecting transactions in securities for the account of others or for theperson’s own account. “Broker-dealer” does not include:
(a)An issuer effecting sales in its own securities;
(b)The following institutions:
(A)A financial institution or trust company, as defined in ORS 706.008; or
(B)A financial holding company or a bank holding company, as defined in ORS706.008, holding an institution described in subparagraph (A) of thisparagraph; a savings and loan holding company as defined in section 408 of theNational Housing Act, 12 U.S.C. section 1730a, holding an association describedin subparagraph (A) of this paragraph; the subsidiaries and affiliates of thefinancial holding company, bank holding company or savings and loan holdingcompany; or subsidiaries and affiliates of institutions described insubparagraph (A) of this paragraph, if the appropriate statutory regulatoryauthority is exercising control over, or is regulating or supervising theperson in the sale of securities in accord with the purposes of the OregonSecurities Law;
(c)A person who has no place of business in this state effecting transactions inthis state exclusively with broker-dealers;
(d)A person effecting sales exempted by ORS 59.035;
(e)A salesperson;
(f)A person effecting sales of securities owned by the person registered for salepursuant to ORS 59.065;
(g)A person effecting sales of securities exempted by ORS 59.025 (7);
(h)A person licensed as a mortgage banker or a mortgage broker under ORS 86A.095to 86A.198 when effecting sales of securities involving real estate paperregistered for sale pursuant to ORS 59.065; or
(i)A person designated by rule or order by the director.
(2)“Control” means the possession, directly or indirectly, of the power to director cause the direction of the management and policies of a person, whetherthrough the ownership of voting securities, by contract, or otherwise.
(3)“Director” means the Director of the Department of Consumer and BusinessServices.
59.095 Approvalof plan to issue securities in exchange for other securities, claims orproperty
59.105 Denial,suspension or revocation of registration
59.115 Liabilityin connection with sale or successful solicitation of sale of securities;recovery by purchaser; limitations on proceeding; attorney fees
59.125 Effectof notice of offer to repay purchaser; exceptions; registration of transaction
59.127 Liabilityin connection with purchase or successful solicitation of purchase ofsecurities; recovery by seller; limitations on proceeding; attorney fees
59.131 Effectof notice of intent to return unlawfully purchased security; contents ofnotice; registration of transaction
59.135 Fraudand deceit with respect to securities or securities business
59.137 Liabilityin connection with violation of ORS 59.135; damages; defense; attorney fees;limitations on proceeding
59.145 Effectof notice filing, registration or license
59.155 Directoris agent for service of process; manner of service; exceptions
(Licensingof Broker-Dealers, Investment Advisers and Salespersons)
59.165 Licensingof broker-dealers, investment advisers and salespersons required; rules
59.175 Proceduresfor notice filing and licensing; rules; examination; bond, letter of credit orother security; filing trade name or assumed business name; fees
59.185 Expirationof license; rules for renewal; change in personnel
59.195 Licenseesto keep records; inspection; filing of financial reports
59.205 Groundsfor denying, suspending, revoking or imposing condition or restriction onlicense
59.215 Actionagainst applicant or licensee for act or omission of associate; exceptions
59.225 Cancellationof license or application; application for withdrawal; effect of suspension orrevocation
(Powersof Director)
59.235 Generalsupervision over persons dealing in securities
59.245 Investigations;publicity with respect to violations; cease and desist order
59.255 Enjoiningviolations; fine; appointment of receiver; attorney fees; damages to privateparties
59.265 Procedurewhen assets or capital of broker-dealer or investment adviser found impaired;involuntary liquidation
59.275 Burdenof proof
59.285 Rules;financial statements
59.295 Noticeof orders; hearings on orders
59.305 Judicialreview of orders
59.315 Oathsand subpoenas in proceedings before director
59.325 Certifiedcopies of documents; fee; effect of certification
(Enforcementby Attorney General)
59.331 Scopeof Attorney General powers; consent of director; powers of circuit court;damages, restitution, disgorgement and other penalties
(MiscellaneousProvisions)
59.335 Applicationof certain sections
59.345 Whenoffer to sell or buy is made in this state
59.350 Treatmentof certain transactions
59.355 Corporationssubject to other laws
59.365 Common-lawand statutory rights not limited
59.370 Limitationon liability for good faith act or omission; reports regarding salespersons orinvestment adviser representatives; limitation on liability related to reports;rules
(RequiredReports and Statements)
59.451 Prohibitionagainst filing false statement by person under investigation or examination
UNIFORMTOD SECURITY REGISTRATION ACT
59.535 Definitionsfor ORS 59.535 to 59.585
59.540 Registrationin beneficiary form; sole or joint tenancy ownership
59.545 Registrationin beneficiary form; applicable law
59.550 Originationof registration in beneficiary form
59.555 Formof registration in beneficiary form
59.560 Effectof registration in beneficiary form
59.565 Ownershipon death of owner
59.570 Protectionof registering entity
59.575 Nontestamentarytransfer on death
59.580 Terms,conditions and forms for registration
59.585 Shorttitle; rules of construction
PROHIBITIONOF CERTAIN SECURITY TRANSACTIONS
59.710 Definitionsfor ORS 59.710 to 59.830
59.720 Applicationof ORS 59.710 to 59.830 to real estate contracts and brokers
59.730 Makingcontract involving securities without intending a bona fide sale or purchase
59.740 Conductingbucket shop or repeatedly making forbidden contracts
59.750 Receiptor communication of prices for purpose of forbidden contract
59.760 Reportingfalse sale of securities with intent to deceive
59.770 Manipulatingmarket by pretended sales
59.780 Broker’strading against customer’s order; violation of ORS 59.780 to 59.800 by memberof broker’s firm
59.790 Insolventbroker-dealer receiving securities from customer
59.800 Pledgeor sale by broker-dealer of customer’s securities
59.810 Deliveryto customer of true statement of purchase or sale made by broker
59.820 Actionsagainst corporation for second violation
59.830 Self-incriminationby witness; immunity from prosecution
PENALTIES
59.991 Criminalpenalties for ORS 59.005 to 59.451 and 59.710 to 59.830; exceptions
59.995 Civilpenalties for ORS 59.005 to 59.451 and 59.710 to 59.830; exceptions
OREGONSECURITIES LAW
(Generally)
59.005Short title.ORS 59.005 to 59.451, 59.991 and 59.995 may be cited as the Oregon Securities Law.[1967 c.537 §2]
59.010 [Repealed by1967 c.537 §36]
59.015Definitions for Oregon Securities Law. As used in the Oregon Securities Law,unless the context otherwise requires:
(1)“Broker-dealer” means a person who engages, all or part of the time, ineffecting transactions in securities for the account of others or for theperson’s own account. “Broker-dealer” does not include:
(a)An issuer effecting sales in its own securities;
(b)The following institutions:
(A)A financial institution or trust company, as defined in ORS 706.008; or
(B)A financial holding company or a bank holding company, as defined in ORS706.008, holding an institution described in subparagraph (A) of thisparagraph; a savings and loan holding company as defined in section 408 of theNational Housing Act, 12 U.S.C. section 1730a, holding an association describedin subparagraph (A) of this paragraph; the subsidiaries and affiliates of thefinancial holding company, bank holding company or savings and loan holdingcompany; or subsidiaries and affiliates of institutions described insubparagraph (A) of this paragraph, if the appropriate statutory regulatoryauthority is exercising control over, or is regulating or supervising theperson in the sale of securities in accord with the purposes of the OregonSecurities Law;
(c)A person who has no place of business in this state effecting transactions inthis state exclusively with broker-dealers;
(d)A person effecting sales exempted by ORS 59.035;
(e)A salesperson;
(f)A person effecting sales of securities owned by the person registered for salepursuant to ORS 59.065;
(g)A person effecting sales of securities exempted by ORS 59.025 (7);
(h)A person licensed as a mortgage banker or a mortgage broker under ORS 86A.095to 86A.198 when effecting sales of securities involving real estate paperregistered for sale pursuant to ORS 59.065; or
(i)A person designated by rule or order by the director.
(2)“Control” means the possession, directly or indirectly, of the power to director cause the direction of the management and policies of a person, whetherthrough the ownership of voting securities, by contract, or otherwise.
(3)“Director” means the Director of the Department of Consumer and BusinessServices.
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59.095 Approvalof plan to issue securities in exchange for other securities, claims orproperty
59.105 Denial,suspension or revocation of registration
59.115 Liabilityin connection with sale or successful solicitation of sale of securities;recovery by purchaser; limitations on proceeding; attorney fees
59.125 Effectof notice of offer to repay purchaser; exceptions; registration of transaction
59.127 Liabilityin connection with purchase or successful solicitation of purchase ofsecurities; recovery by seller; limitations on proceeding; attorney fees
59.131 Effectof notice of intent to return unlawfully purchased security; contents ofnotice; registration of transaction
59.135 Fraudand deceit with respect to securities or securities business
59.137 Liabilityin connection with violation of ORS 59.135; damages; defense; attorney fees;limitations on proceeding
59.145 Effectof notice filing, registration or license
59.155 Directoris agent for service of process; manner of service; exceptions
(Licensingof Broker-Dealers, Investment Advisers and Salespersons)
59.165 Licensingof broker-dealers, investment advisers and salespersons required; rules
59.175 Proceduresfor notice filing and licensing; rules; examination; bond, letter of credit orother security; filing trade name or assumed business name; fees
59.185 Expirationof license; rules for renewal; change in personnel
59.195 Licenseesto keep records; inspection; filing of financial reports
59.205 Groundsfor denying, suspending, revoking or imposing condition or restriction onlicense
59.215 Actionagainst applicant or licensee for act or omission of associate; exceptions
59.225 Cancellationof license or application; application for withdrawal; effect of suspension orrevocation
(Powersof Director)
59.235 Generalsupervision over persons dealing in securities
59.245 Investigations;publicity with respect to violations; cease and desist order
59.255 Enjoiningviolations; fine; appointment of receiver; attorney fees; damages to privateparties
59.265 Procedurewhen assets or capital of broker-dealer or investment adviser found impaired;involuntary liquidation
59.275 Burdenof proof
59.285 Rules;financial statements
59.295 Noticeof orders; hearings on orders
59.305 Judicialreview of orders
59.315 Oathsand subpoenas in proceedings before director
59.325 Certifiedcopies of documents; fee; effect of certification
(Enforcementby Attorney General)
59.331 Scopeof Attorney General powers; consent of director; powers of circuit court;damages, restitution, disgorgement and other penalties
(MiscellaneousProvisions)
59.335 Applicationof certain sections
59.345 Whenoffer to sell or buy is made in this state
59.350 Treatmentof certain transactions
59.355 Corporationssubject to other laws
59.365 Common-lawand statutory rights not limited
59.370 Limitationon liability for good faith act or omission; reports regarding salespersons orinvestment adviser representatives; limitation on liability related to reports;rules
(RequiredReports and Statements)
59.451 Prohibitionagainst filing false statement by person under investigation or examination
UNIFORMTOD SECURITY REGISTRATION ACT
59.535 Definitionsfor ORS 59.535 to 59.585
59.540 Registrationin beneficiary form; sole or joint tenancy ownership
59.545 Registrationin beneficiary form; applicable law
59.550 Originationof registration in beneficiary form
59.555 Formof registration in beneficiary form
59.560 Effectof registration in beneficiary form
59.565 Ownershipon death of owner
59.570 Protectionof registering entity
59.575 Nontestamentarytransfer on death
59.580 Terms,conditions and forms for registration
59.585 Shorttitle; rules of construction
PROHIBITIONOF CERTAIN SECURITY TRANSACTIONS
59.710 Definitionsfor ORS 59.710 to 59.830
59.720 Applicationof ORS 59.710 to 59.830 to real estate contracts and brokers
59.730 Makingcontract involving securities without intending a bona fide sale or purchase
59.740 Conductingbucket shop or repeatedly making forbidden contracts
59.750 Receiptor communication of prices for purpose of forbidden contract
59.760 Reportingfalse sale of securities with intent to deceive
59.770 Manipulatingmarket by pretended sales
59.780 Broker’strading against customer’s order; violation of ORS 59.780 to 59.800 by memberof broker’s firm
59.790 Insolventbroker-dealer receiving securities from customer
59.800 Pledgeor sale by broker-dealer of customer’s securities
59.810 Deliveryto customer of true statement of purchase or sale made by broker
59.820 Actionsagainst corporation for second violation
59.830 Self-incriminationby witness; immunity from prosecution
PENALTIES
59.991 Criminalpenalties for ORS 59.005 to 59.451 and 59.710 to 59.830; exceptions
59.995 Civilpenalties for ORS 59.005 to 59.451 and 59.710 to 59.830; exceptions
OREGONSECURITIES LAW
(Generally)
59.005Short title.ORS 59.005 to 59.451, 59.991 and 59.995 may be cited as the Oregon Securities Law.[1967 c.537 §2]
59.010 [Repealed by1967 c.537 §36]
59.015Definitions for Oregon Securities Law. As used in the Oregon Securities Law,unless the context otherwise requires:
(1)“Broker-dealer” means a person who engages, all or part of the time, ineffecting transactions in securities for the account of others or for theperson’s own account. “Broker-dealer” does not include:
(a)An issuer effecting sales in its own securities;
(b)The following institutions:
(A)A financial institution or trust company, as defined in ORS 706.008; or
(B)A financial holding company or a bank holding company, as defined in ORS706.008, holding an institution described in subparagraph (A) of thisparagraph; a savings and loan holding company as defined in section 408 of theNational Housing Act, 12 U.S.C. section 1730a, holding an association describedin subparagraph (A) of this paragraph; the subsidiaries and affiliates of thefinancial holding company, bank holding company or savings and loan holdingcompany; or subsidiaries and affiliates of institutions described insubparagraph (A) of this paragraph, if the appropriate statutory regulatoryauthority is exercising control over, or is regulating or supervising theperson in the sale of securities in accord with the purposes of the OregonSecurities Law;
(c)A person who has no place of business in this state effecting transactions inthis state exclusively with broker-dealers;
(d)A person effecting sales exempted by ORS 59.035;
(e)A salesperson;
(f)A person effecting sales of securities owned by the person registered for salepursuant to ORS 59.065;
(g)A person effecting sales of securities exempted by ORS 59.025 (7);
(h)A person licensed as a mortgage banker or a mortgage broker under ORS 86A.095to 86A.198 when effecting sales of securities involving real estate paperregistered for sale pursuant to ORS 59.065; or
(i)A person designated by rule or order by the director.
(2)“Control” means the possession, directly or indirectly, of the power to director cause the direction of the management and policies of a person, whetherthrough the ownership of voting securities, by contract, or otherwise.
(3)“Director” means the Director of the Department of Consumer and BusinessServices.
