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]