ORS 744.083: Trust account for premium funds; commingling; exceptions; rules.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) All premium funds received by a resident insurance producer shall be accounted for and maintained in a trust account separate from all other business and personal funds. (2) Except as provided in subsection (3) of this section, a resident insurance producer may not commingle or otherwise combine premiums with any other moneys. (3) A resident insurance producer may commingle with premium funds in the trust account required by subsection (1) of this section any additional funds the insurance producer deems prudent for the purpose of advancing premiums, establishing reserves for the paying of return premiums, or for any contingencies that may arise in the course of receiving and transmitting premium or return premium funds. (4) This section does not apply to: (a) Any financial institution or trust company, as those terms are defined in ORS 706.008, or any entity licensed under ORS chapter 725 or 726. (b) Any class of insurance producers that the Director of the Department of Consumer and Business Services designates by rule. The director may exempt a class of insurance producer from this section if the director determines that the requirements of this section are unduly burdensome to the insurance producers in relation to the public good served. [Formerly 744.225; 2003 c.364 §22]
Administrative rules citing this section
- OAR 836-074-0017: Exemptions — implements
- OAR 836-074-0020: Premium Funds Trust Account — implements
- OAR 836-074-0025: Deposit and Payment of Funds — implements
- OAR 836-074-0030: Advancing Return Premiums — implements
- OAR 836-074-0035: Other Permissible Funds — implements
- OAR 836-074-0040: Interest on Trust Funds — implements
- OAR 836-074-0045: Accounting Records; Inspection — implements
- OAR 836-074-0047: Examinations and Audits — implements
- OAR 836-074-0048: Other Trust Account Requirements — implements
- OAR 836-074-0050: Single Account for Affiliated Persons — implements
This rule cites
- ORS 706.008 — resolved
- ORS chapter 725 — target_record_not_published
Cited by
- ORS 732.812: Filing of financial statements; contract requirements; audit; reports to director.
- ORS 744.084: Certificate of deposit in lieu of trust account; rules.
- ORS 744.306: Contract between insurer and managing general agent.
- ORS 744.730: Disposition of charges and premiums.
- OAR 836-071-0430: Remission to Insurer; Funds Held in Trust; Compensation
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors744.html