708A.140 Discrimination by bank service corporation prohibited against nonstockholding depository institution

A bank service corporation shall not unreasonably discriminate in the provision of any services authorized under ORS 708A.130 (Definition for ORS 708A.135 to 708A.145) to 708A.145 (Authorized services of bank service corporations) against any financial institution that does not own stock in the bank service corporation on the basis of the fact that the nonstockholding financial institution is in competition with a financial institution that owns stock in the bank service corporation, except that:

(1) It shall not be considered unreasonable discrimination for a bank service corporation, at its option, to either:

(a) Provide services to nonstockholding financial institutions only at a price that fully reflects all of the costs of offering those services, including the cost of capital and a reasonable return thereon; or

(b) If an Oregon commercial bank is authorized under ORS 708A.135 (Investment in bank service corporation) to invest in a bank service corporation, the bank service corporation may require that the Oregon commercial bank invest in the stock of the bank service corporation, in which case the bank service corporation shall provide services to the Oregon commercial bank on the same basis as for other stockholder financial institutions of the bank service corporation.

(2) A bank service corporation may refuse to provide services to a nonstockholding financial institution if comparable services are available from another source at competitive overall costs, or if the providing of services would be beyond the practical capacity of the bank service corporation. [1997 c.631 §123]

Source: Section 708A.140 — Discrimination by bank service corporation prohibited against nonstockholding depository institution; permitted conduct , https://www.­oregonlegislature.­gov/bills_laws/ors/ors708A.­html (accessed May 26, 2025).