ORS Chapter 128

Chapter 128 — Trusts;Charitable Activities

2009 EDITION

TRUSTS;CHARITABLE ACTIVITIES

PROTECTIVEPROCEEDINGS; POWERS OF ATTORNEY; TRUSTS

PREPARATIONOF TRUSTS

128.001 Limitationson accepting payment for preparation of trust

PRIVATEFOUNDATION AND SPLIT INTEREST TRUSTS

128.085 Limitationson trustee’s administration of “private foundation” trust

128.090 Limitationson trustee’s administration of “split-interest” trust

128.095 Trusteemay amend governing instrument of “private foundation” or “split-interest”trust with prior consent of Attorney General and benefited organizations

DEPOSITOF SECURITIES IN CLEARING CORPORATIONS

128.100 Authorityof fiduciary to deposit securities in clearing corporation

UNIFORMPRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT

128.305 Shorttitle

128.316 Definitionsfor ORS 128.305 to 128.336

128.318 Standardof conduct in managing and investing institutional fund

128.322 Appropriationfor expenditure or accumulation of endowment fund; rules of construction

128.326 Delegationof management and investment functions

128.328 Releaseor modification of restrictions on management, investment or purpose

128.332 Reviewingcompliance

128.334 Relationto Electronic Signatures in Global and National Commerce Act

128.336 Uniformityof application and construction

EMPLOYEES’TRUSTS

128.510 Definitionsfor ORS 128.520

128.520 Employees’trust may be in perpetuity; accumulation of income

BUSINESSTRUSTS

128.560 “Businesstrust” described

128.565 Businesstrust permitted

128.570 Businesstrusts and trustees not subject to bank and trust company regulations

128.573 Forms;rules

128.575 Filingwith Office of Secretary of State required; fees; amendments

128.580 Businesstrusts subject to certain corporate laws

128.585 Personalliability of trustees, shareholders or beneficiaries of business trust

128.590 Filingof trust instrument as conclusive evidence of compliance with laws; exception

128.595 Annualreport; due date; content; notice of requirement; effect of failure to file

128.597 Inactivationof business trust

128.599 Reinstatementof business trust following inactivation

128.600 Filing,service, copying and certification fees

CHARITABLETRUST AND CORPORATION ACT

128.610 Shorttitle

128.620 Definitionsfor ORS 128.610 to 128.750

128.630 Applicationof ORS 128.610 to 128.750

128.640 Exemptionsfrom application of ORS 128.610 to 128.750

128.650 Registerof charitable organizations; authority of Attorney General to maintain register

128.660 Filingof articles of incorporation or other instrument with Attorney General

128.670 Filingof reports; rules; fees; authority of Attorney General relating to reports;civil penalty

128.680 Investigatoryauthority of Attorney General

128.690 Orderfor attendance by Attorney General; effect

128.710 Enforcement;jurisdiction of court

128.720 Copiesof certain documents and notice to be provided Attorney General

128.730 Listof certain claims for exemptions from taxation to be provided Attorney General

128.735 Attorneyfees in action to enforce fiduciary or other duty

128.750 Uniformityof interpretation

CHARITABLESOLICITATIONS ACT

128.801 Definitionsfor ORS 128.801 to 128.898

128.802 Registrationof professional fund raising firms required; fee; renewal; notice of change ofinformation

128.804 Fundraising notice; contents

128.807 Requiredsubmission of financial plan to nonprofit beneficiary

128.809 Requireddisclosure of agency by solicitors

128.812 Requiredsubmission of financial report after campaign

128.814 Presumptionof breach of fiduciary duty by officer or director of nonprofit beneficiary

128.821 Registrationof commercial fund raising firms required; fee; renewal; notice of change ininformation

128.823 Designationof amount to be paid to beneficiaries; manner of specification; minimum amountpayable

128.824 Disclosuresrequired in commercial fund raising solicitations

128.826 Commercialfund raising contracts and notice; filing

128.841 Commercialfund raising firm financial reports; contents; filing

128.846 Maintenanceof records by commercial fund raising firm

128.848 Accountingsrequired of commercial coventurer

128.856 Writtenconsent by beneficiary to use of name

128.861 Writtenconsent required for representations about use of tickets

128.866 Injunctionby Attorney General

128.871 Denialor revocation of registration

128.876 Rules

128.881 Depositof fees and penalties; use

128.886 Falseor misleading representations prohibited

128.891 Prohibitedrepresentations; written notice

128.893 Useof in-state address

128.898 Shorttitle

CIVILPENALTIES

128.899 Civilpenalties for violation of ORS 128.610 to 128.750

CRIMINALPENALTIES

128.992 Penaltiesfor ORS 128.610 to 128.750

128.995 Penaltiesfor ORS 128.801 to 128.898

PREPARATIONOF TRUSTS

128.001Limitations on accepting payment for preparation of trust. (1) Except asprovided in this section, a person may not accept anything of value in exchangefor the preparation of a trust.

(2)Subsection (1) of this section does not apply to an attorney who charges andaccepts a fee for the preparation of a trust for a client in the course ofrepresenting that client.

(3)Subsection (1) of this section does not apply to any trust company or financialinstitution as defined in ORS chapter 706.

(4)Subsection (1) of this section does not apply to a resulting or constructivetrust, a business trust that provides for certificates to be issued to thebeneficiary, an investment trust, a voting trust, a security instrument, atrust created by the judgment of a court, a liquidation trust, a trust for theprimary purpose of paying dividends, interests, interest coupons, salaries,wages, pensions, profits or employee benefits of any kind, an instrument inwhich a person is nominee or escrowee for another person or a trust created indeposits in any financial institution.

(5)Nothing in this section authorizes any person to engage in the practice of lawin violation of ORS 9.160. [1997 c.806 §1; 2003 c.576 §383]

128.003 [1977 c.614 §10;repealed by 2005 c.348 §128]

128.005 [1977 c.614 §1;2003 c.576 §384; repealed by 2005 c.348 §128]

128.007 [1977 c.614 §2;1995 c.157 §18; repealed by 2005 c.348 §128]

128.009 [1977 c.614 §3;1981 c.915 §1; 1989 c.73 §1; 1993 c.228 §1; 1995 c.157 §19; 2003 c.84 §13;repealed by 2005 c.348 §128]

128.010 [Renumbered128.055]

128.015 [1977 c.614 §4;1993 c.228 §2; repealed by 2005 c.348 §128]

128.020 [Amended by1969 c.267 §1; renumbered 128.057]

128.021 [1977 c.614 §5;1995 c.157 §20; repealed by 2005 c.348 §128]

128.025 [1969 c.267 §3;renumbered 128.061]

128.026 [1977 c.614 §6;1995 c.157 §21; repealed by 2005 c.348 §128]

128.030 [Amended by1977 c.614 §13; renumbered 128.065]

128.031 [1977 c.614 §7;repealed by 2005 c.348 §128]

128.035 [1977 c.614 §8;repealed by 2005 c.348 §128]

128.040 [Repealed by1977 c.614 §14]

128.041 [1977 c.614 §9;repealed by 2005 c.348 §128]