2005 Oregon Code - Chapter 128 :: Chapter 128 - Trusts - Charitable Activities
Chapter 128 — Trusts; Charitable Activities
2005 EDITION
TRUSTS; CHARITABLE ACTIVITIES
PROTECTIVE PROCEEDINGS; POWERS OF ATTORNEY; TRUSTS
(Temporary provisions relating to court-appointed trustees are compiled as notes preceding ORS 128.001)
PREPARATION OF TRUSTS
128.001Â Â Â Â Limitations on accepting payment for preparation of trust
PRIVATE FOUNDATION AND SPLIT INTEREST TRUSTS
128.085    Limitations on trustee’s administration of “private foundation” trust
128.090    Limitations on trustee’s administration of “split-interest” trust
128.095    Trustee may amend governing instrument of “private foundation” or “split-interest” trust with prior consent of Attorney General and benefited organizations
DEPOSIT OF SECURITIES IN CLEARING CORPORATIONS
128.100Â Â Â Â Authority of fiduciary to deposit securities in clearing corporation
UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT
128.310Â Â Â Â Short title
128.315Â Â Â Â Definitions for ORS 128.310 to 128.355
128.320Â Â Â Â Amount of expenditure for uses and purposes of fund
128.325Â Â Â Â When ORS 128.320 not applicable; limit on implying net appreciation restriction
128.330Â Â Â Â Power of governing board to invest and retain property of fund
128.335Â Â Â Â Authority of governing board to delegate power
128.340Â Â Â Â Standard of care for investment and delegation of duties
128.345Â Â Â Â Release of restriction on fund with consent of donor by application to court; notice to Attorney General; limit on extent of release
128.350Â Â Â Â Uniformity of interpretation
128.355Â Â Â Â Severability
EMPLOYEESÂ’ TRUSTS
128.510Â Â Â Â Definitions for ORS 128.520
128.520Â Â Â Â EmployeesÂ’ trust may be in perpetuity; accumulation of income
BUSINESS TRUSTS
128.560    “Business trust” described
128.565Â Â Â Â Business trust permitted
128.570Â Â Â Â Business trusts and trustees not subject to bank and trust company regulations
128.573Â Â Â Â Forms; rules
128.575Â Â Â Â Filing with Office of Secretary of State required; fees; amendments
128.580Â Â Â Â Business trusts subject to certain corporate laws
128.585Â Â Â Â Personal liability of trustees, shareholders or beneficiaries of business trust
128.590Â Â Â Â Filing of trust instrument as conclusive evidence of compliance with laws; exception
128.595Â Â Â Â Annual report; due date; content; notice of requirement; effect of failure to file
128.597Â Â Â Â Inactivation of business trust
128.599Â Â Â Â Reinstatement of business trust following inactivation
128.600Â Â Â Â Filing, service, copying and certification fees
CHARITABLE TRUST AND CORPORATION ACT
128.610Â Â Â Â Short title
128.620Â Â Â Â Definitions for ORS 128.610 to 128.750
128.630Â Â Â Â Application of ORS 128.610 to 128.750
128.640Â Â Â Â Exemptions from application of ORS 128.610 to 128.750
128.650Â Â Â Â Register of charitable corporations and trustees; authority of Attorney General to maintain register
128.660Â Â Â Â Filing of articles of incorporation or other instrument with Attorney General
128.670Â Â Â Â Filing of reports; rules; fees; authority of Attorney General relating to reports; civil penalty
128.680Â Â Â Â Investigatory authority of Attorney General
128.690Â Â Â Â Order for attendance by Attorney General; effect
128.710Â Â Â Â Enforcement; jurisdiction of court
128.720Â Â Â Â Copies of certain documents and notice to be provided Attorney General
128.730Â Â Â Â List of certain claims for exemptions from taxation to be provided Attorney General
128.735Â Â Â Â Attorney fees in action to enforce fiduciary or other duty
128.750Â Â Â Â Uniformity of interpretation
CHARITABLE SOLICITATIONS ACT
128.801Â Â Â Â Definitions for ORS 128.801 to 128.898
128.802Â Â Â Â Registration of professional fund raising firms required; fee; renewal; notice of change of information
128.804Â Â Â Â Fund raising notice; contents
128.807Â Â Â Â Required submission of financial plan to nonprofit beneficiary
128.809Â Â Â Â Required disclosure of agency by solicitors
128.812Â Â Â Â Required submission of financial report after campaign
128.814Â Â Â Â Presumption of breach of fiduciary duty by officer or director of nonprofit beneficiary
128.821Â Â Â Â Registration of commercial fund raising firms required; fee; renewal; notice of change in information
128.823Â Â Â Â Designation of amount to be paid to beneficiaries; manner of specification; minimum amount payable
128.824Â Â Â Â Disclosures required in commercial fund raising solicitations
128.826Â Â Â Â Commercial fund raising contracts and notice; filing
128.841Â Â Â Â Commercial fund raising firm financial reports; contents; filing
128.846Â Â Â Â Maintenance of records by commercial fund raising firm
128.848Â Â Â Â Accountings required of commercial coventurer
128.856Â Â Â Â Written consent by beneficiary to use of name
128.861Â Â Â Â Written consent required for representations about use of tickets
128.866Â Â Â Â Injunction by Attorney General
128.871Â Â Â Â Denial or revocation of registration
128.876Â Â Â Â Rules
128.881Â Â Â Â Deposit of fees and penalties; use
128.886Â Â Â Â False or misleading representations prohibited
128.891Â Â Â Â Prohibited representations; written notice
128.893Â Â Â Â Use of in-state address
128.898Â Â Â Â Short title
CIVIL PENALTIES
128.899Â Â Â Â Civil penalties for violation of ORS 128.610 to 128.750
CRIMINAL PENALTIES
128.992Â Â Â Â Penalties for ORS 128.610 to 128.750
128.995Â Â Â Â Penalties for ORS 128.801 to 128.898
(Temporary provisions relating to court-appointed trustees)
     Note:
Sections 1 to 5, chapter 472, Oregon Laws 2005, provide:
     Sec.
1. (1) Before appointing any person to serve as trustee, a court shall
require that the person submit a statement that includes:
     (a) The full name of the person, including any business name used by the person;
     (b) The address and telephone number of the person;
     (c) The educational credentials and professional experience of the person;
     (d) Identification of any other trusts administered by the person;
     (e) The aggregate dollar value of all assets currently under the person’s supervision;
     (f) A disclosure of whether the person has ever been removed by a court as trustee for cause or has resigned as court appointed trustee in a specific case and, if so, the circumstances of the removal or resignation, the case name and number and the address of the court; and
     (g) Other information required by court rule.
     (2) Any person who is required to provide a statement under this section must notify the court within 30 days of any change to the information contained in the statement.
     (3) If the person provides false information in a statement required under this section, or fails to comply with subsection (2) of this section, the court may remove the person as trustee and impose such sanction as may be appropriate.
     (4) The provisions of this section do not apply to:
     (a) A trust company as defined in ORS 706.008, or an employee of the trust company while the employee is employed by the trust company.
     (b) An institution insured by the Federal Deposit Insurance Corporation, a holding company or affiliate of the institution or an employee of the institution while the employee is employed by the institution.
     (c) Any other trust identified by a rule of the Chief Justice of the Supreme Court. [2005 c.472 §1]
     Sec.
2. Upon removing any person as trustee who was required to provide a
statement under section 1 of this 2005 Act, a court shall give written notice
to the State Court Administrator of the removal and provide such other
information as may be required by the State Court Administrator. The State
Court Administrator shall maintain a record of the information in a format that
is easily accessible by judges of this state and members of the public. The
State Court Administrator shall retain information submitted under this section
for at least five years. [2005 c.472 §2]
     Sec.
3. Sections 1 and 2 of this 2005 Act do not affect the ability of the Chief
Justice of the Supreme Court, by rule or order, to require that courts of this
state provide information to the State Court Administrator relating to
guardians, conservators and other court appointed fiduciaries. [2005 c.472 §3]
     Sec.
4. Notwithstanding section 2 of this 2005 Act, upon the repeal of sections
1, 2 and 3 of this 2005 Act by section 5 of this 2005 Act, the State Court Administrator
may destroy all records maintained by the State Court Administrator under
section 2 of this 2005 Act. [2005 c.472 §4]
     Sec.
5. Sections 1, 2 and 3 of this 2005 Act are repealed January 2, 2010. [2005
c.472 §5]
PREPARATION OF TRUSTS
     128.001
Limitations on accepting payment for preparation of trust. (1) Except as
provided in this section, a person may not accept anything of value in exchange
for the preparation of a trust.
     (2) Subsection (1) of this section does not apply to an attorney who charges and accepts a fee for the preparation of a trust for a client in the course of representing that client.
     (3) Subsection (1) of this section does not apply to any trust company or financial institution as defined in ORS chapter 706.
     (4) Subsection (1) of this section does not apply to a resulting or constructive trust, a business trust that provides for certificates to be issued to the beneficiary, an investment trust, a voting trust, a security instrument, a trust created by the judgment of a court, a liquidation trust, a trust for the primary purpose of paying dividends, interests, interest coupons, salaries, wages, pensions, profits or employee benefits of any kind, an instrument in which a person is nominee or escrowee for another person or a trust created in deposits in any financial institution.
     (5) Nothing in this section authorizes any person to engage in the practice of law in 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
[Renumbered 128.055]
     128.015
[1977 c.614 §4; 1993 c.228 §2; repealed by 2005 c.348 §128]
     128.020
[Amended by 1969 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 by 1977 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 by 1977 c.614 §14]
     128.041
[1977 c.614 §9; repealed by 2005 c.348 §128]
     128.045
[1977 c.614 §11; repealed by 2005 c.348 §128]
     128.047
[1993 c.226 §3; repealed by 2005 c.348 §128]
     128.050
[Repealed by 1977 c.614 §14]
     128.051
[1977 c.614 §12; repealed by 2005 c.348 §128]
     128.055
[Formerly 128.010; repealed by 2005 c.348 §128]
     128.057
[Formerly 128.020; 1979 c.382 §1; repealed by 1995 c.157 §26]
     128.060
[Amended by 1973 c.827 §19; repealed by 1977 c.614 §14]
     128.061
[1969 c.267 §3; formerly 128.025; repealed by 1979 c.382 §2]
     128.065
[Formerly 128.030; 1995 c.157 §22; repealed by 2005 c.348 §128]
     128.070
[Repealed by 1973 c.506 §46]
     128.075
[1973 c.367 §16; renumbered 128.595]
     128.080
[Amended by 1973 c.177 §2; repealed by 1973 c.506 §46]
PRIVATE FOUNDATION AND SPLIT INTEREST TRUSTS
     128.085
Limitations on trustee’s administration of “private foundation” trust.
Notwithstanding any provision to the contrary in the governing instrument or
any law of this state, the trustee of a trust which is a “private foundation”
as defined in section 509 of the Internal Revenue Code of 1954 (including
nonexempt charitable trusts as defined in section 4947 (a) (1) of the Internal
Revenue Code of 1954) shall not engage in any act of self dealing as defined in
section 4941 (d) of the Internal Revenue Code of 1954; shall distribute its
income and, when necessary, amounts from principal at such time and in such
manner as not to subject the trust to the taxes on failure to distribute income
imposed by section 4942 of the Internal Revenue Code of 1954; shall not retain
any excess business holdings as defined in section 4943 (c) of the Internal
Revenue Code of 1954; shall not make any investments in such manner as to subject
the trust to the taxes on investments which jeopardize charitable purpose
imposed by section 4944 of the Internal Revenue Code of 1954; and shall not
make any taxable expenditures as defined in section 4945 (d) of the Internal
Revenue Code of 1954. [1971 c.197 §1]
     128.090
Limitations on trustee’s administration of “split-interest” trust. (1)
Notwithstanding any provision to the contrary in the governing instrument or
any law of this state, the trustee of a trust which is a “split-interest trust”
as defined in section 4947 (a) (2) of the Internal Revenue Code of 1954, shall
not engage in any act of self dealing as defined in section 4941 (d) of the
Internal Revenue Code of 1954; shall not retain any excess business holdings as
defined in section 4943 (c) of the Internal Revenue Code of 1954, unless the
trust is one exempted from the requirements of section 4943 by section 4947 (b)
(3) of the Internal Revenue Code of 1954; shall not make any investment in such
manner as to subject the trust to the taxes on investments which jeopardize
charitable purpose imposed by section 4944 of the Internal Revenue Code of
1954, unless the trust is one exempted from the requirements of section 4944 by
section 4947 (b) (3) of the Internal Revenue Code of 1954; and shall not make
any taxable expenditures as defined in section 4945 (d) of the Internal Revenue
Code of 1954.
     (2) This section shall not apply with respect to:
     (a) Any amounts payable under the terms of a trust to income beneficiaries, unless a deduction was allowed under section 170 (f) (2) (B), section 2055 (e) (2) (B), or section 2522 (c) (2) (B) of the Internal Revenue Code of 1954;
     (b) Any amounts in trust other than amounts for which a deduction was allowed under section 170, section 545 (b) (2), section 556 (b) (2), section 642 (c), section 2055, section 2106 (a) (2) or section 2522 of the Internal Revenue Code of 1954, if such other amounts are segregated from amounts for which no deduction was allowable; or
     (c) Any amounts transferred in trust before May 27, 1969. [1971 c.197 §2]
     128.095
Trustee may amend governing instrument of “private foundation” or
“split-interest” trust with prior consent of Attorney General and benefited
organizations. The trustee of a trust which is a private foundation to
which ORS 128.085 applies or a split-interest trust to which ORS 128.090
applies may, with the prior consent of the Attorney General, amend the terms of
the governing instrument to the extent necessary (1) to assure conformity of
the governing instrument with the requirements for exemption from the taxes
imposed by sections 4941 to 4945 of the Internal Revenue Code of 1954,
including amendments which broaden, extend, reduce or limit the charitable
purposes for which the trust is administered, or (2) to terminate the status of
the trust as a private foundation in a manner described in section 507 (b) (1)
of the Internal Revenue Code of 1954. Prior to giving consent, the Attorney
General shall determine that the proposed amendments are necessary or
appropriate to achieve the charitable purposes of the trust. If the trust is
for the exclusive benefit of one or more charitable organizations, the trustee
shall also obtain the prior consent of such organizations prior to amending the
terms of the governing instrument in the manner set forth in this section.
[1971 c.197 §3]
DEPOSIT OF SECURITIES IN CLEARING CORPORATIONS
     128.100
Authority of fiduciary to deposit securities in clearing corporation. (1)
Notwithstanding any other provision of law, any fiduciary holding securities in
a fiduciary capacity, any financial institution or trust company holding
securities as a custodian or managing agent, and any financial institution or
trust company holding securities as custodian for a fiduciary is authorized to
deposit or arrange for the deposit of the securities in a clearing corporation
as defined in ORS 78.1020. When the securities are deposited, certificates
representing securities of the same class of the same issuer may be merged and
held in bulk in the name of the nominee of the clearing corporation with any
other securities of the same class deposited in the clearing corporation by any
person regardless of the ownership of the securities, and certificates of small
denomination may be merged into one or more certificates of larger
denomination. The records of the fiduciary and the records of the financial
institution or trust company acting as custodian, as managing agent or as
custodian for a fiduciary shall at all times show the name of the party for
whose account the securities are deposited. Ownership of, and other interests
in, the securities may be transferred by bookkeeping entry on the books of the
clearing corporation without physical delivery of certificates representing the
securities. A financial institution or trust company depositing securities
pursuant to this section shall be subject to the rules and regulations as, in
the case of state-chartered institutions, the Department of Consumer and
Business Services and, in the case of national banking associations, the Comptroller
of the Currency may from time to time issue. A financial institution or a trust
company acting as custodian for a fiduciary shall, on demand by the fiduciary,
certify in writing to the fiduciary the securities deposited by the financial
institution or trust company in the clearing corporation for the account of the
fiduciary. A fiduciary shall, on demand by any party to a judicial proceeding
for the settlement of the fiduciaryÂ’s account or on demand by the attorney for
the party, certify in writing to the party the securities deposited by the
fiduciary in the clearing corporation for its account as the fiduciary.
     (2) This section shall apply to any fiduciary holding securities in a fiduciary capacity, and to any financial institution or trust company holding securities as a custodian, managing agent or custodian for a fiduciary, acting on October 5, 1973, or who thereafter may act regardless of the date of the agreement, instrument or court order by which it is appointed and regardless of whether or not the fiduciary, custodian, managing agent or custodian for a fiduciary owns capital stock of the clearing corporation. [1973 c.365 §§1,2; 1985 c.676 §59; 1985 c.762 §177; 1997 c.631 §414]
     128.102
[1993 c.226 §5; 1997 c.659 §1; repealed by 2005 c.348 §128]
     128.110
[Amended by 1979 c.284 §108; repealed by 1981 c.66 §8]
     128.115
[1981 c.66 §1; repealed by 2005 c.348 §128]
     128.120
[Repealed by 1981 c.66 §8]
     128.125
[1981 c.66 §2; repealed by 2005 c.348 §128]
     128.130
[Amended by 1979 c. 284 §109; repealed by 1981 c.66 §8]
     128.135
[1981 c.66 §3; 1993 c.222 §6; 2003 c.279 §33a; repealed by 2005 c.348 §128]
     128.140
[Repealed by 1981 c.66 §8]
     128.145
[1981 c.66 §4; repealed by 2005 c.348 §128]
     128.150
[Repealed by 1981 c.66 §8]
     128.155
[1981 c.66 §5; 1991 c.331 §42; 1997 c.631 §415; repealed by 2005 c.348 §128]
     128.160
[Repealed by 1981 c.66 §8]
     128.165
[1981 c.66 §6; repealed by 2005 c.348 §128]
     128.170
[Repealed by 1981 c.66 §8]
     128.175
[1981 c.66 §7; repealed by 2005 c.348 §128]
     128.177
[1993 c.222 §2; repealed by 2005 c.348 §128]
     128.179
[1993 c.222 §3; repealed by 2005 c.348 §128]
     128.180
[Repealed by 1981 c.66 §8]
     128.181
[1993 c.222 §4; repealed by 2005 c.348 §128]
     128.183
[1993 c.222 §5; repealed by 2005 c.348 §128]
     128.185
[1993 c.222 §7; repealed by 2005 c.348 §128]
     128.190
[Repealed by 1981 c.66 §8]
     128.192
[1995 c.157 §1; repealed by 2005 c.348 §128]
     128.194
[1995 c.157 §2; repealed by 2005 c.348 §128]
     128.196
[1995 c.157 §3; repealed by 2005 c.348 §128]
     128.198
[1995 c.157 §4; repealed by 2005 c.348 §128]
     128.200
[Repealed by 1981 c.66 §8]
     128.202
[1995 c.157 §5; repealed by 2005 c.348 §128]
     128.204
[1995 c.157 §§6,7; repealed by 2005 c.348 §128]
     128.206
[1995 c.157 §8; repealed by 2005 c.348 §128]
     128.208
[1995 c.157 §9; repealed by 2005 c.348 §128]
     128.210
[Repealed by 1981 c.66 §8]
     128.212
[1995 c.157 §10; repealed by 2005 c.348 §128]
     128.214
[1995 c.157 §11; repealed by 2005 c.348 §128]
     128.216
[1995 c.157 §§12,14; repealed by 2005 c.348 §128]
     128.218
[1995 c.157 §13; repealed by 2005 c.348 §128]
     128.220
[Repealed by 1981 c.66 §8]
     128.230
[Repealed by 1981 c.66 §8]
     128.232
[1995 c.679 §1; repealed by 2005 c.348 §128]
     128.234
[1995 c.679 §2; repealed by 2005 c.348 §128]
     128.236
[1995 c.679 §3; repealed by 2005 c.348 §128]
     128.238
[1995 c.679 §4; repealed by 2005 c.348 §128]
     128.240
[Repealed by 1981 c.66 §8]
     128.242
[1995 c.679 §5; repealed by 2005 c.348 §128]
     128.244
[1995 c.679 §6; repealed by 2005 c.348 §128]
     128.246
[1995 c.679 §7; repealed by 2005 c.348 §128]
     128.250
[Amended by 1979 c.284 §110; repealed by 1981 c.66 §8]
     128.255
[1997 c.151 §4; repealed by 2005 c.348 §128]
     128.256
[2001 c.593 §1; 2005 c.348 §99; renumbered 130.350 in 2005]
     128.258
[2001 c.593 §1a; 2005 c.348 §100; renumbered 130.355 in 2005]
     128.260
[Amended by 1979 c.284 §111; repealed by 1981 c.66 §8]
     128.262
[2001 c.593 §2; renumbered 130.360 in 2005]
     128.264
[2001 c.593 §3; 2005 c.348 §101; renumbered 130.365 in 2005]
     128.266
[2001 c.593 §4; 2003 c.14 §45; 2005 c.348 §102; renumbered 130.370 in 2005]
     128.268
[2001 c.593 §5; renumbered 130.375 in 2005]
     128.270
[Repealed by 1981 c.66 §8]
     128.272
[2001 c.593 §6; 2005 c.348 §103; renumbered 130.380 in 2005]
     128.274
[2001 c.593 §7; renumbered 130.385 in 2005]
     128.276
[2001 c.593 §7a; renumbered 130.390 in 2005]
     128.278
[2001 c.593 §8; renumbered 130.395 in 2005]
     128.280
[2001 c.593 §9; 2005 c.348 §121; renumbered 130.400 in 2005]
     128.282
[2001 c.593 §9a; renumbered 130.405 in 2005]
     128.284
[2001 c.593 §9b; renumbered 130.410 in 2005]
     128.286
[2001 c.593 §9c; renumbered 130.415 in 2005]
     128.288
[2001 c.593 §9d; 2005 c.348 §104; renumbered 130.420 in 2005]
     128.290
[2001 c.593 §10; 2005 c.348 §105; renumbered 130.425 in 2005]
     128.292
[2001 c.593 §11; renumbered 130.430 in 2005]
     128.294
[2001 c.593 §12; 2005 c.348 §106; renumbered 130.435 in 2005]
     128.296
[2001 c.593 §13; renumbered 130.440 in 2005]
     128.298
[2001 c.593 §14; renumbered 130.445 in 2005]
     128.300
[2001 c.593 §15; 2005 c.348 §107; renumbered 130.450 in 2005]
     128.308
[2001 c.636 §1; repealed by 2005 c.348 §128]
UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT
     128.310
Short title. ORS 128.310 to 128.355 may be cited as the “Uniform Management
of Institutional Funds Act.” [1975 c.707 §11]
     128.315
Definitions for ORS 128.310 to 128.355. As used in ORS 128.310 to 128.355:
     (1) “Institution” means an incorporated or unincorporated nonpublic organization organized and operated exclusively for educational, religious, charitable, or other eleemosynary purposes.
     (2) “Institutional fund” means a fund held by an institution for its exclusive use, benefit or purposes, but does not include (a) a fund held for an institution by a trustee that is not an institution or (b) a fund in which a beneficiary that is not an institution has an interest, other than possible rights that could arise upon violation or failure of the purposes of the fund.
     (3) “Endowment fund” means an institutional fund, or any part thereof, not wholly expendable by the institution on a current basis under the terms of the applicable gift instrument.
     (4) “Governing board” means the body responsible for the management of an institution or of an institutional fund.
     (5) “Historic dollar value” means the aggregate fair value in dollars of (a) an endowment fund at the time it became an endowment fund, (b) each subsequent donation to the fund at the time it is made and (c) each accumulation made pursuant to a direction in the applicable gift instrument at the time the accumulation is added to the fund. The determination of historic dollar value made in good faith by the institution is conclusive.
     (6) “Gift instrument” means a will, deed, grant, conveyance, agreement, memorandum, writing or other governing document (including the terms of any institutional solicitations from which an institutional fund resulted) under which property is transferred to or held by an institution as an institutional fund. [1975 c.707 §2]
     128.320
Amount of expenditure for uses and purposes of fund. The governing board
may appropriate for expenditure for the uses and purposes for which an
endowment fund is established so much of the net appreciation, realized and
unrealized, in the fair value of the assets of an endowment fund over the
historic dollar value of the fund as is prudent under the standard established
by ORS 128.340. This section does not limit the authority of the governing
board to expend funds as permitted under other law, the terms of the applicable
gift instrument, or the charter of the institution. [1975 c.707 §3; 1995 c.79
§47]
     128.325
When ORS 128.320 not applicable; limit on implying net appreciation
restriction. ORS 128.320 does not apply if the applicable gift instrument
indicates the donorÂ’s intention that net appreciation shall not be expended. A
restriction upon the expenditure of net appreciation may not be implied from a
designation of a gift as an endowment, or from a direction or authorization in
the applicable gift instrument to use only “income,” “interest,” “dividends,”
or “rents, issues or profits,” or “to preserve the principal intact,” or a
direction which contains other words of similar import. This rule of
construction applies to gift instruments executed or in effect before or after
September 13, 1975. [1975 c.707 §4]
     128.330
Power of governing board to invest and retain property of fund. In addition
to an investment otherwise authorized by law or by the applicable gift
instrument, and without restriction to investments a fiduciary may make, the
governing board, subject to any specific limitations set forth in the
applicable gift instrument or in the applicable law other than law relating to
investments by a fiduciary, may:
     (1) Invest and reinvest an institutional fund in any real or personal property deemed advisable by the governing board, whether or not it produces a current return, including mortgages, stocks, bonds, debentures and other securities of profit or nonprofit corporations, shares in or obligations of associations, partnerships or individuals and obligations of any government or subdivision or instrumentality thereof;
     (2) Retain property contributed by a donor to an institutional fund for as long as the governing board deems advisable;
     (3) Include all or any part of an institutional fund in any pooled or common fund maintained by the institution; and
     (4) Invest all or any part of an institutional fund in any other pooled or common fund available for investment, including shares or interests in regulated investment companies, mutual funds, common trust funds, investment partnerships, real estate investment trusts or similar organizations in which funds are commingled and investment determinations are made by persons other than the governing board. [1975 c.707 §5]
     128.335
Authority of governing board to delegate power. The governing board may:
     (1) Delegate to its committees, officers or employees of the institution or the fund or agents, including investment counsel, the authority to act in place of the board in investment and reinvestment of institutional funds;
     (2) Contract with independent investment advisors, investment counsel or managers, banks or trust companies, so to act; and
     (3) Authorize the payment of compensation for investment advisory or management services. [1975 c.707 §6]
     128.340
Standard of care for investment and delegation of duties. In the
administration of the powers to appropriate appreciation, to make and retain
investments and to delegate investment management of institutional funds, members
of a governing board shall exercise ordinary business care and prudence under
the facts and circumstances prevailing at the time of the action or decision.
In so doing they shall consider long and short term needs of the institution in
carrying out its education, religious, charitable or other eleemosynary
purposes, its present and anticipated financial requirements, expected total
return on its investments, price level trends and general economic conditions.
[1975 c.707 §7]
     128.345
Release of restriction on fund with consent of donor by application to court;
notice to Attorney General; limit on extent of release. (1) With the
written consent of the donor, the governing board may release, in whole or in
part, a restriction imposed by the applicable gift instrument on the use or
investment of an institutional fund.
     (2) If written consent of the donor cannot be obtained by reason of the death, disability, unavailability or impossibility of identification of the donor, the governing board may apply in the name of the institution to the appropriate circuit court for release of a restriction imposed by the applicable gift instrument on the use or investment of an institutional fund. The Attorney General shall be notified of the application and shall be given an opportunity to be heard. If the court finds that the restriction is obsolete, inappropriate or impracticable, it may by order release the restriction in whole or in part. A release under this subsection may not change an endowment fund to a fund that is not an endowment fund.
     (3) A release under this section may not allow a fund to be used for purposes other than educational, religious, charitable or other eleemosynary purposes of the institution affected.
     (4) This section does not limit the application of the doctrine of cy pres. [1975 c.707 §8]
     128.350
Uniformity of interpretation. ORS 128.310 to 128.355 shall be so applied
and construed as to effectuate its general purpose to make uniform the law with
respect to the subject of ORS 128.310 to 128.355 among those states which enact
it. [1975 c.707 §10]
     128.355
Severability. If any provision of ORS 128.310 to 128.355 or the application
thereof to any person or circumstances is held invalid, the invalidity shall
not affect other provisions or applications of ORS 128.310 to 128.355 which can
be given effect without the invalid provision or application, and to this end
the provisions of ORS 128.310 to 128.355 are declared severable. [1975 c.707
§9]
     128.370
[2003 c.84 §1; 2005 c.348 §108; renumbered 130.520 in 2005]
     128.375
[2003 c.84 §2; 2005 c.348 §111; renumbered 130.530 in 2005]
     128.378
[2003 c.84 §3; 2005 c.348 §112; renumbered 130.535 in 2005]
     128.380
[2003 c.84 §4; renumbered 130.540 in 2005]
     128.382
[2003 c.84 §5; renumbered 130.545 in 2005]
     128.385
[2003 c.84 §6; 2005 c.348 §113; renumbered 130.550 in 2005]
     128.388
[2003 c.84 §7; 2005 c.348 §114; renumbered 130.555 in 2005]
     128.390
[2003 c.84 §8; 2005 c.348 §115; renumbered 130.560 in 2005]
     128.392
[2003 c.84 §9; renumbered 130.565 in 2005]
     128.395
[2003 c.84 §10; 2005 c.348 §116; renumbered 130.570 in 2005]
     128.397
[2003 c.84 §11; 2005 c.348 §117; renumbered 130.575 in 2005]
     128.398
[2003 c.84 §12; 2005 c.22 §99; 2005 c.348 §118; renumbered 130.240 in 2005]
     128.400
[1987 c.813 §3; 1997 c.631 §416; 2001 c.796 §7; renumbered 97.923 in 2001]
     128.405
[1987 c.813 §1; 2001 c.796 §16; renumbered 97.925 in 2001]
     128.407
[1987 c.813 §2; 2001 c.796 §17; renumbered 97.927 in 2001]
     128.410
[1953 c.639 §1; 1955 c.524 §1; 1959 c.691 §1; 1965 c.611 §14; 1967 c.359 §681;
1979 c.661 §1; repealed by 1987 c.813 §17]
     128.412
[1959 c.691 §2; 1967 c.359 §682; 1985 c.207 §23; 1987 c.813 §11; 1991 c.331
§43; 1997 c.631 §417; 1999 c.68 §1; 2001 c.796 §8; renumbered 97.929 in 2001]
     128.414
[1993 c.467 §3; 1995 c.325 §2; 2001 c.796 §9; renumbered 97.931 in 2001]
     128.415
[1953 c.639 §2; 1955 c.524 §2; 1959 c.691 §3; 1981 c.484 §1; 1985 c.207 §24;
1987 c.214 §1; 1987 c.813 §12; 1989 c.171 §14; 2001 c.796 §10; renumbered
97.937 in 2001]
     128.420
[1981 c.719 §9a; 1983 c.810 §26; 1987 c.158 §18b; repealed by 1987 c.813 §17]
     128.421
[1987 c.813 §4; 1989 c.1048 §3; 2001 c.796 §11; renumbered 97.939 in 2001]
     128.423
[1987 c.813 §5; 1989 c.1048 §1; 1995 c.720 §1; 2001 c.796 §12; renumbered
97.941 in 2001]
     128.425
[1987 c.813 §6; 1989 c.1048 §2; 1995 c.720 §2; 2001 c.796 §13; renumbered
97.943 in 2001]
     128.430
[1987 c.813 §7; 2001 c.796 §14; renumbered 97.944 in 2001]
     128.435
[1987 c.813 §8; 1995 c.144 §8; 2001 c.796 §15; renumbered 97.945 in 2001]
     128.440
[1987 c.813 §8a; 2001 c.796 §18; renumbered 97.946 in 2001]
     128.460
[1971 c.182 §1; repealed by 2005 c.348 §128]
     128.470
[1971 c.182 §2; repealed by 2005 c.348 §128]
     128.480
[1971 c.182 §3; repealed by 2005 c.348 §128]
     128.490
[1971 c.182 §4; repealed by 2005 c.348 §128]
     128.500
[1971 c.182 §5; repealed by 2005 c.348 §128]
EMPLOYEESÂ’ TRUSTS
     128.510
Definitions for ORS 128.520. As used in ORS 128.520, “employees’ trust”
means a trust of real or personal property forming part of a pension, profit
sharing, stock bonus, annuity, disability or death benefit plan of an employer
or group of employers for the benefit of the employees of the employer or group
of employers, to which contributions are made by such employers or employees,
or both, for the purpose of distributing income or principal, or both, to such
employees or the beneficiaries of such employees. [1955 c.586 §1]
     128.520
EmployeesÂ’ trust may be in perpetuity; accumulation of income. An
employeesÂ’ trust may be permitted to accumulate for such time as may be
necessary to accomplish the purpose for which it is created, and is not invalid
as violating any rule of law against perpetuities or the suspension of the
power of alienation of title to property. The income from any property held in
an employeesÂ’ trust may continue in perpetuity or in accordance with the terms
of such trust, and the plan of which such trust forms a part, for such time as
may be necessary to accomplish the purpose for which such trust is created. [1955
c.586 §2]
BUSINESS TRUSTS
     128.560
“Business trust” described. A “business trust” is any association,
including a real estate investment trust, engaged in or operating a business
under a written trust agreement or declaration of trust, the beneficial
interest under which is divided into transferable certificates of participation
or shares, other than a trust engaged solely in exercising the voting rights
pertaining to corporate shares or other securities in accordance with the terms
of a written instrument. [1971 c.491 §1]
     128.565
Business trust permitted. A business trust is permitted as a recognized
form of association for the conduct of business within the State of Oregon.
[1971 c.491 §2]
     128.570
Business trusts and trustees not subject to bank and trust company regulations.
Neither a business trust nor the trustees of such trust are subject to the
provisions of ORS chapters 706, 707 and 709. [1971 c.491 §3; 1997 c.631 §418]
     128.573
Forms; rules. Upon request, the Secretary of State may furnish forms for
documents required or permitted to be filed under ORS 128.560 to 128.600. The
Secretary of State may by rule require the use of the forms. [1995 c.215 §23]
     128.575
Filing with Office of Secretary of State required; fees; amendments. (1)
Any business trust desiring to do business in this state shall first submit to
the Office of Secretary of State a copy of the trust instrument creating the
trust and any subsequent amendments to the trust and a document setting forth:
     (a) The business trust name and the state or country of formation;
     (b) The names and addresses of its trustees;
     (c) The street address of the business trust’s registered office in this state and the name of the registered agent;
     (d) A mailing address to which the Secretary of State may mail notices; and
     (e) Any additional identifying information that the Secretary of State by rule may require.
     (2) The filing described in subsection (1) of this section shall be accompanied by the applicable filing fee.
     (3) If the Secretary of State finds that the document contains the required information, the Secretary of State, when all fees have been paid, shall file the trust instrument and document and return an acknowledgment of filing to the sender.
     (4) If a business trust amends its trust instrument it shall submit for filing a copy of the amendment to the Office of Secretary of State. The amendment shall set forth:
     (a) The name of the business trust as shown on the records of the Office of Secretary of State; and
     (b) The information as changed. [1971 c.491 §4; 1973 c.367 §12; 1985 c.351 §21; 1985 c.728 §81a; 1987 c.94 §128; 1995 c.215 §24; 1999 c.486 §18]
     128.580
Business trusts subject to certain corporate laws. Any business trust shall
be subject to such provisions of law, now or hereafter enacted, with respect to
domestic and foreign corporations, respectively, as relate to the issuance of
securities, filing of required statements or reports, service of process,
general grants of power to act, right to sue and be sued, limitation of individual
liability of shareholders and rights to acquire, mortgage, sell, lease, operate
and otherwise to deal in real and personal property. Except as otherwise
provided in its trust agreement or declaration of trust, or any amendments
thereto, any business trust shall also be subject to the other provisions of
ORS chapter 60 and other rights and duties existing under the common law and
statutes of this state applicable to domestic and foreign corporations. Title
to any real or personal property may be held in the name of the trust, one or
more of the trustees or any other person as nominee. [1971 c.491 §5; 1973 c.367
§13; 1979 c.208 §6; 1987 c.94 §99]
     128.585
Personal liability of trustees, shareholders or beneficiaries of business
trust. The trustees, shareholders or beneficiaries of a business trust
shall not, as such, be personally liable for any obligations of such business
trust arising after June 25, 1971. Persons becoming trustees, shareholders or
beneficiaries after June 25, 1971, shall not be personally liable, as such, for
obligations of the business trust existing on June 25, 1971. [1971 c.491 §6;
1973 c.367 §14]
     128.590
Filing of trust instrument as conclusive evidence of compliance with laws;
exception. For purposes of ORS 128.585, filing of the trust instrument by
the Secretary of State shall be conclusive evidence that all conditions
precedent required to be performed by the business trust have been complied
with and that the business trust is authorized to do business in this state,
except as against this state in a proceeding to cancel or revoke the filing for
violations of the provisions of ORS 128.580. [1971 c.491 §7; 1985 c.728 §82]
     128.595
Annual report; due date; content; notice of requirement; effect of failure to
file. (1) Each business trust by the anniversary date shall file a report
with the Secretary of State accompanied by the annual fee.
     (2) The report shall contain the following:
     (a) The name of the business trust and the state or country under whose law it is formed;
     (b) The names and addresses of its trustees;
     (c) The street address of the registered office in this state and the name of the trust’s registered agent at that office;
     (d) A mailing address to which the Secretary of State may mail notices;
     (e) The category of the classification code as established by rule of the Secretary of State most closely designating the primary business activity of the business trust;
     (f) The federal employer identification number of the trust; and
     (g) Any additional identifying information that the Secretary of State by rule may require.
     (3) The annual report shall be on forms prescribed and furnished by the Secretary of State. The information contained in the annual report shall be current as of 30 days before the anniversary of the business trust.
     (4) The Secretary of State shall mail the report form to any address shown for the business trust in the current records of the Office of the Secretary of State. The failure of the business trust to receive the report form from the Secretary of State shall not relieve the business trust of its duty to deliver a report as required by this section.
     (5) If the Secretary of State finds the report conforms to the requirements of this section, the Secretary of State shall file the report.
     (6) If the Secretary of State finds that the report does not conform to the requirements of this section, the Secretary of State shall return the report to the business trust. The business trust shall correct the annual report and return it to the Secretary of State within 45 days after the Secretary of State returns the report.
     (7) If no report is filed by the reporting date or if no corrected report is filed within the 45-day period, the Secretary of State shall send to the business trust a final notice advising that no report has been filed and it is, therefore, assumed that the business trust is no longer active unless a report is filed within 45 days after the mailing of such final notice.
     (8) Not less than 45 days after the date of mailing of the final notice provided for by subsection (7) of this section, the Secretary of State may assume and note on the records of the Secretary of State that the business trust is inactive. [Formerly 128.075; 1983 c.717 §29; 1985 c.351 §22; 1985 c.728 §82b; 1987 c.94 §130; 1987 c.843 §18; 1993 c.190 §17; 1995 c.215 §25]
     128.597
Inactivation of business trust. The Secretary of State may commence a
proceeding to inactivate the trust instrument of a business trust if:
     (1) The business trust does not pay when due any fees imposed by ORS 128.560 to 128.600;
     (2) The business trust does not deliver its annual report to the Secretary of State when due;
     (3) The business trust is without a registered agent or registered office in this state;
     (4) The business trust does not notify the Secretary of State that its registered agent or registered office has been changed, that its registered agent has resigned or that its registered office has been discontinued; or
     (5) The business trust’s period of duration stated in the trust instrument expires. [1995 c.215 §27]
     128.599
Reinstatement of business trust following inactivation. (1) A business
trust inactivated under ORS 128.597 may apply to the Secretary of State for
reinstatement within five years from the date of inactivation. The application
shall state:
     (a) The name of the business trust and effective date of its administrative inactivation; and
     (b) That the ground or grounds for inactivation either did not exist or have been eliminated.
     (2) If the Secretary of State determines that the application contains the information required by subsection (1) of this section, that the information is correct and that the business trust’s name satisfies the requirements of ORS 60.094, the Secretary of State shall reinstate the business trust.
     (3) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative inactivation and the business trust is considered to resume carrying on its business as if the administrative inactivation had never occurred. [1995 c.215 §28]
     128.600
Filing, service, copying and certification fees. The Secretary of State
shall collect the fees described in ORS 56.140 for each document delivered for
filing under ORS 128.560 to 128.600 and for process served on the secretary
under ORS 128.560 to 128.600. The secretary may collect the fees described in
ORS 56.140 for copying any public record under ORS 128.560 to 128.600,
certifying the copy or certifying to other facts of record under ORS 128.560 to
128.600. [1987 c.94 §129; 1991 c.132 §14; 1995 c.215 §26; 1999 c.652 §15]
CHARITABLE TRUST AND CORPORATION ACT
     128.610
Short title. ORS 128.610 to 128.750 may be cited as the Charitable Trust
and Corporation Act. [1963 c.583 §1; 1971 c.589 §1; 1981 c.593 §1; 1985 c.729
§25; 1985 c.730 §4]
     128.620
Definitions for ORS 128.610 to 128.750. As used in ORS 128.610 to 128.750:
     (1) “Charitable corporation” means any nonprofit corporation organized under the laws of this state for charitable or eleemosynary purposes and any similar foreign corporation doing business or holding property in this state for such purposes. The mere making of grants or donations to institutions or beneficiaries within the State of Oregon, or the investigation of applicants for such grants or donations, shall not constitute doing business in this state. However, the solicitation of funds for charitable purposes in this state shall constitute doing business therein.
     (2) “Trustee” means:
     (a) Any individual, group of individuals, corporation or other legal entity holding property in trust pursuant to any charitable trust;
     (b) Any corporation which has accepted property to be used for a particular charitable corporate purpose as distinguished from the general purposes of the corporation; and
     (c) A corporation formed for the administration of a charitable trust, pursuant to the directions of the settlor or at the instance of the trustee.
     (3) “Charitable purpose” means any purpose to promote the well-being of the public at large, or for the benefit of an indefinite number of persons, including but not limited to educational, literary, or scientific purposes, or for the prevention of cruelty to children or animals, or for the benefit of religion, rehabilitation services, public recreation, civic improvement, or services which lessen the burdens of government.
     (4) “Religious organization” means any organized church or group organized for the purpose of divine worship, religious teaching, or other directly ancillary purposes. [1963 c.583 §§3,4; 1971 c.589 §2; 1981 c.593 §2; 1985 c.730 §5; 1989 c.334 §1]
     128.630
Application of ORS 128.610 to 128.750. (1) ORS 128.610 to 128.750 apply to
all charitable corporations and trustees holding property for charitable
purposes over which the state or the Attorney General has enforcement or
supervisory powers.
     (2) ORS 128.610 to 128.750 shall apply regardless of any contrary provisions of any instrument. [1963 c.583 §§2,14; 1971 c.589 §3; 1981 c.593 §3; 1985 c.729 §27; 1985 c.730 §6]
     128.640
Exemptions from application of ORS 128.610 to 128.750. (1) ORS 128.610 to
128.750 do not apply to the United States, any state, territory or possession
of the United States, the District of Columbia, the Commonwealth of Puerto
Rico, or to any of their agencies or governmental subdivisions.
     (2) ORS 128.650 to 128.670 and 128.720 do not apply to:
     (a) Any religious corporation sole or other religious corporation or organization which holds property for religious purposes, or to any officer, director or trustee thereof who holds property for like purposes;
     (b) A cemetery that is registered with the State Mortuary and Cemetery Board under ORS 692.275 or a historic cemetery listed with the Oregon Commission on Historic Cemeteries under ORS 97.782;
     (c) A trustee that holds property for charitable purposes in the event that the sole beneficiary of a charitable remainder trust serves as trustee; or
     (d) A child-caring agency regulated under ORS 418.215 to 418.265. [1963 c.583 §5; 1971 c.589 §4; 1981 c.593 §4; 1985 c.730 §7; 1989 c.334 §2; 1999 c.731 §10; 2003 c.173 §8]
     128.650
Register of charitable corporations and trustees; authority of Attorney General
to maintain register. The Attorney General shall establish and maintain a
register of charitable corporations and trustees subject to ORS 128.610 to
128.750 and of the particular trust or other relationship under which they hold
property for charitable purposes and, to that end, may conduct whatever
investigation is necessary, and shall obtain from public records, court
officers, taxing authorities, trustees, and other sources, whatever
information, copies of instruments, reports and records are needed for the
establishment and maintenance of the register. [1963 c.583 §6; 1971 c.589 §5;
1981 c.593 §5; 1985 c.729 §29; 1985 c.730 §8]
     128.660
Filing of articles of incorporation or other instrument with Attorney General.
Every charitable corporation and trustee subject to ORS 128.610 to 128.750 who
has received property for charitable purposes shall file with the Attorney
General, upon receiving possession or control of such property, a copy of the
articles of incorporation, trust agreement or other instrument providing for
title, powers or duties. [1963 c.583 §7; 1971 c.589 §6; 1981 c.593 §6]
     128.670
Filing of reports; rules; fees; authority of Attorney General relating to
reports; civil penalty. (1) Except as otherwise provided, every charitable
corporation and trustee subject to ORS 128.610 to 128.750 shall, in addition to
filing copies of the instruments previously required, file with the Attorney
General periodic written reports setting forth information as to the nature of
the assets held for charitable purposes and the administration thereof by the
corporation or trustee.
     (2) The Attorney General may classify trusts and other relationships concerning property held for a charitable purpose as to purpose, nature of assets, duration of the trust or other relationship, amount of assets, amounts to be devoted to charitable purposes, nature of trustee, or otherwise, and may establish different rules for the different classes as to time and nature of the reports required to the ends that:
     (a) The Attorney General shall receive reasonably current, periodic reports as to all charitable trusts or other relationships of a similar nature, which will enable the Attorney General to ascertain whether they are being properly administered; and
     (b) Periodic reports shall not unreasonably add to the expense of the administration of charitable trusts and similar relationships.
     (3) The Attorney General may suspend the filing of reports as to a particular charitable trust or relationship for a reasonable, specifically designated time after the Attorney General has filed in the register of charitable trusts a written statement that the interests of the beneficiaries will not be prejudiced thereby and that periodic reports are not required for proper supervision by the Attorney General’s office.
     (4) A copy of an account filed by the trustee in any court having jurisdiction of the trust or other relationship, if the account substantially complies with the rules of the Attorney General, may be filed as a report required by this section.
     (5) The first report for a trust or similar relationship hereafter established, unless the filing thereof is suspended as provided in subsection (3) of this section, shall be filed not later than four months and 15 days following the close of the first calendar or fiscal year in which any part of the income or principal is authorized or required to be applied to a charitable purpose. Subsequent annual reports shall be submitted not later than four months and 15 days following the close of each calendar or fiscal year adopted by the charitable corporation or trustee.
     (6) The Attorney General shall make rules as to the time for filing reports, the contents thereof, and the manner of executing and filing them. The Attorney General may make additional rules and amend existing rules as necessary for the proper administration of the Charitable Trust and Corporation Act.
     (7) Each charitable corporation, trustee, or other charitable organization filing a report required by this section shall pay to the Department of Justice, with such report, a fee based in part on the total amount of its income and receipts during the time covered by the report and in part on its fund balance at the close of the calendar or fiscal year adopted by the charitable corporation or trustee:
     (a) The fee based on income and receipts shall be as follows:
     (A) $10, if it received no income and receipts during the time covered by the report or if it received less than $25,000;
     (B) $25, if $25,000 or more but less than $50,000;
     (C) $45, if $50,000 or more but less than $100,000;
     (D) $75, if $100,000 or more but less than $250,000;
     (E) $100, if $250,000 or more but less than $500,000;
     (F) $135, if $500,000 or more but less than $750,000;
     (G) $170, if $750,000 or more but less than $1 million; or
     (H) $200, if $1 million or more.
     (b) The fee based on the fund balance shall be one-hundredth of one percent of the fund balance. The fee shall be rounded off to whole dollars; amounts under 50 cents shall be dropped and amounts from 50 cents to 99 cents shall be increased to the next dollar. The fee shall allow for the following exceptions:
     (A) Any amount of a fund balance over and above $10 million shall not be subject to the fund balance fee.
     (B) No fee shall be due under this paragraph if the fund balance is less than $50,000.
     (C) With respect to foreign organizations, only the fund balance of assets held in Oregon shall be subject to the fee due under this paragraph.
     (D) The fee shall not apply to fixed assets held for use in the operation of a charitable organization.
     (8)(a) If the fee prescribed by subsection (7) of this section is not paid when due or if the charitable corporation or trustee fails to file a report by the date due, a penalty charge of an additional $20 shall be paid to the Department of Justice.
     (b) The Attorney General may at any time after a fee or report is delinquent give written notice by certified mail to the charitable corporation, trustee or other charitable organization of the delinquency, requiring it to correct the delinquency and informing it of the Attorney General’s authority to impose an additional penalty if it fails to do so within a specified number of days thereafter, but not less than 10. Thereafter, unless the fee, including the penalty charge prescribed by paragraph (a) of this subsection, or the report, or both, are filed within the specified number of days, the Attorney General may impose an additional penalty, not exceeding the greater of $300 or twice the fee prescribed by subsection (7) of this section which is due with the delinquent report, in the manner provided by ORS 183.745. In any judicial review of the order of the Attorney General, the order shall be reversed or modified only if the court finds that the Attorney General lacked authority to impose the penalty or the amount of the penalty imposed was unconscionable in the circumstances.
     (c) The Attorney General may grant an extension of time for a reasonable period for filing a report upon written application filed by or on behalf of the charitable corporation or trustee stating the reason that additional time should be allowed for filing the report beyond the ordinary due date. If the request is submitted on or prior to the due date for filing the report, the $20 penalty charge will not be due unless the report and fee are thereafter not filed within the extended period granted for filing the report, or, if the request is denied, within 10 days after the denial is received by the corporation.
     (9) All fees and penalties received by the Department of Justice under subsections (7) and (8) of this section shall be paid over to the State Treasurer monthly for deposit in the Department of Justice Operating Account created under the provisions of ORS 180.180. Amounts deposited pursuant to this subsection are continuously appropriated to the Attorney General to pay the expenses of the Department of Justice in administering the Charitable Trust and Corporation Act and the Charitable Solicitations Act as established in ORS 128.610 to 128.750 and 128.801 to 128.898. [1963 c.583 §8; 1971 c.589 §7; 1973 c.506 §40; 1973 c.775 §4; 1975 c.388 §5; 1981 c.593 §7; 1985 c.730 §9; 1991 c.734 §7]
     128.680
Investigatory authority of Attorney General. The Attorney General may
investigate transactions and relationships of corporations and trustees subject
to ORS 128.610 to 128.750 for the purpose of ascertaining whether or not the
purposes of the corporation or trust are being carried out in accordance with
the terms and provisions of the articles of incorporation or other instrument,
whether a person or organization has engaged in a violation of the Charitable
Trust and Corporation Act, ORS 128.610 to 128.750 or whether such a person or
organization has breached a fiduciary duty arising under the common law. The
Attorney General may require any agent, trustee, fiduciary, beneficiary,
institution, association or corporation, or other person to appear, at a named
time and place, in the county designated by the Attorney General, where the
person resides or is found, to give information under oath and to produce
books, memoranda, papers, documents of title, and evidence of assets, liabilities,
receipts or disbursements in the possession or control of the person ordered to
appear. [1963 c.583 §10; 1971 c.589 §8; 1981 c.593 §9; 1985 c.729 §30; 1985
c.730 §11]
     128.690
Order for attendance by Attorney General; effect. When the Attorney General
requires the attendance of any person, as provided in ORS 128.680, the Attorney
General shall issue an order setting forth the time when and the place where
attendance is required and shall cause the same to be delivered to or sent by
registered or certified mail to the person at least 14 days before the date
fixed for attendance. Such order shall have the same force and effect as a
subpoena and, upon application of the Attorney General, obedience to the order
may be enforced by any court having jurisdiction of charitable trusts in the
county where the trust may be in existence or administered or the person
receiving it resides or is found, in the same manner as though the notice were
a subpoena. The court, after hearing, for cause, and upon application of any
person aggrieved by the order, shall have the right to alter, amend, revise,
suspend or postpone all or any part of its provisions. [1963 c.583 §11]
     128.700
[1963 c.583 §12; repealed by 1973 c.794 §34]
     128.710
Enforcement; jurisdiction of court. (1) The Attorney General may institute
appropriate proceedings to secure compliance with ORS 128.610 to 128.750 and to
invoke the jurisdiction of the court. Willful failure to comply with an order
of any court having jurisdiction of charitable trusts requiring an accounting
by a charitable corporation or trustee shall constitute grounds for removal of
the officers of such charitable corporation or of such trustee and the
appointment by the court of successor officers or trustee. The powers and
duties of the Attorney General provided in ORS 128.610 to 128.750 are in
addition to existing powers and duties.
     (2) Nothing in ORS 128.610 to 128.750 shall impair or restrict the jurisdiction of any court with respect to any of the matters covered by it, except that no court shall have jurisdiction to modify or terminate any trust of property for charitable purposes unless the Attorney General is a party to the proceedings. [1963 c.583 §13; 1971 c.589 §9; 1981 c.593 §10; 1985 c.729 §31; 1985 c.730 §12]
     128.720
Copies of certain documents and notice to be provided Attorney General.
Every person who offers for probate any instrument which establishes a
testamentary trust of property for charitable purposes or who records in any
county any inter vivos transfer of property for charitable purposes shall
furnish a copy of such document to the Attorney General. Upon filing the final
account and petition for a judgment of distribution of any estate through which
a residuary testamentary trust for charitable purposes is established, the
personal representative shall mail a copy thereof, and a copy of the notice
fixing the time for filing objections thereto, to the Attorney General not less
than 20 days before the time fixed in the notice. The custodian of the records
of a court having jurisdiction of probate matters or of charitable trusts shall
furnish such copies of papers, records and files of the office of the custodian
relating to the subject of ORS 128.610 to 128.750 as the Attorney General
requires. [1963 c.583 §15; 1971 c.589 §10; 2003 c.576 §385]
     128.730
List of certain claims for exemptions from taxation to be provided Attorney
General. Every officer, agency, board or commission of this state,
receiving applications for exemption from taxation of any corporation,
charitable trust or similar relationship in which the corporation or trustee is
subject to ORS 128.610 to 128.750 shall annually file with the Attorney General
a list of all applications received during the year. [1963 c.583 §16; 1971
c.589 §11]
     128.735
Attorney fees in action to enforce fiduciary or other duty. (1) In any suit
or action against a charitable corporation or trustee or any other charitable
organization to enforce any fiduciary or other duty arising under ORS 128.610
to 128.750 or to enforce any fiduciary duty arising under the common law, the
court in its discretion may award the prevailing party reasonable attorney fees
at trial and on appeal and, as part of costs and disbursements, reasonable
investigative expenses and reasonable expert witness fees.
     (2) If the Attorney General prevails, the attorney fees, costs and disbursements of the Attorney General may, in the discretion of the court, be a judgment against the responsible officers of the charitable corporation or trustee of a charitable trust, or may be paid out of the corpus of the trust. [1985 c.730 §2]
     128.740
[1963 c.583 §17; 1971 c.589 §12; repealed by 1975 c.388 §8]
     128.750
Uniformity of interpretation. The Charitable Trust and Corporation Act, ORS
128.610 to 128.750, shall be so construed as to effectuate its general purpose
to make uniform the law of those states which enact it. [1963 c.583 §19; 1981
c.593 §11; 1985 c.730 §14]
CHARITABLE SOLICITATIONS ACT
     128.801
Definitions for ORS 128.801 to 128.898. As used in ORS 128.801 to 128.898:
     (1) “Charitable purpose” means any purpose to promote the well-being of the public at large, or for the benefit of an indefinite number of persons, including but not limited to educational, literary or scientific purposes, or for the prevention of cruelty to children or animals, or for the benefit of religion, rehabilitation services, public recreation, civic improvement or services which lessen the burdens of government.
     (2) “Commercial fund raising solicitation” means the solicitation of funds for nonprofit beneficiaries, whether named or unspecified, through the sale of goods or services, whether the goods or services are delivered to a purchaser or donated to third parties, and where the solicitation is conducted by a commercial fund raising firm or commercial coventurer. If donors receive insubstantial items or other benefits in return for contributions, such a solicitation of funds is not a commercial fund raising solicitation if the items or benefits received are considered premiums and do not affect the deductibility of the contributions for federal income tax purposes. A solicitation is conducted by a commercial fund raising firm or commercial coventurer if the soliciting agents are under the direction and control of a commercial fund raising firm or commercial coventurer; the fact that the solicitors are paid by the beneficiary is of no consequence.
     (3) “Commercial coventurer” means any sole proprietorship, partnership, corporation or any other legal entity, organized for profit or formed as a nonprofit mutual benefit corporation, who is regularly and primarily engaged in trade or commerce in this state other than in conjunction with the raising of funds for nonprofit purposes and who conducts commercial fund raising solicitations on an infrequent basis.
     (4) “Commercial fund raising firm” means any sole proprietorship, partnership, corporation or any other legal entity, organized for profit or formed as a nonprofit mutual benefit corporation, who, for compensation or other consideration regularly conducts commercial fund raising solicitations.
     (5) “Professional fund raising firm” means any sole proprietorship, partnership, corporation or any other legal entity, organized for profit or as a nonprofit mutual benefit corporation, who, for compensation or other consideration, manages or conducts the solicitation of funds, not including commercial fund raising solicitations, on behalf of any nonprofit organization.
     (6)(a) “Solicitation” means any oral or written request for a contribution, including the solicitor’s offer or attempt to sell any property, rights, services or other thing, in connection with which:
     (A) The name of any nonprofit organization is used as an inducement for making the contribution or consummating the sale; or
     (B) Any statement is made which implies that the whole or any part of the contribution or proceeds from the sale will be donated to any nonprofit organization.
     (b) “Solicitation” does not include the making of any request or appeal on behalf of a candidate, political committee or measure as defined in ORS 260.005, unless the appeal states or implies that contributions will be used, in whole or in part, for a charitable purpose or includes a representation that a ticket to an event may be donated by a contributor to the solicitors for use by another. [1985 c.729 §3; 1991 c.532 §1]
     128.802
Registration of professional fund raising firms required; fee; renewal; notice
of change of information. (1) No person shall act as a professional fund
raising firm with respect to the solicitation of funds in this state on behalf
of any nonprofit organization unless the professional fund raising firm is
registered with the Attorney General.
     (2) Applications for registration or reregistration shall be in writing, under oath, on a form prescribed by the Attorney General and shall be accompanied by a fee in the amount of $250.
     (3) The application shall contain such information as the Attorney General shall require and which is consistent with ORS 128.801 to 128.898, including:
     (a) The address of the principal place of business of the applicant and any local addresses if the principal place of business is not located in the state.
     (b) The form of the applicant’s organization.
     (c) The names and personal addresses of all principals of the organization, including all officers and all persons who own a 10 percent or more interest in the organization.
     (4) Each registration is valid for one year and may be renewed for additional one-year periods upon application to the Attorney General and payment of the registration fee.
     (5) The Attorney General shall be notified in writing of any change in the information contained in the application within seven days after the change occurs. [1991 c.532 §17]
     128.804
Fund raising notice; contents. (1) Prior to each solicitation campaign to
be conducted in this state, where the services of a professional fund raising
firm are employed, the firm shall file a completed fund raising notice on forms
prescribed by the Attorney General. A copy of the written fund raising plan,
described in ORS 128.807 and a copy of the written disclosure, when required by
ORS 128.809, shall be attached to the notice.
     (2) The fund raising notice shall be in writing, under oath, and shall include a description of the solicitation campaign, the projected starting date of the campaign, a description of the role of the firm, the bank account number and location where the solicited funds will be deposited, including the name of the organization or organizations that control the account and the address and telephone number of the headquarters for each campaign if different than the principal place of business identified on the firm’s registration form, as well as the person in charge of each such location. If the solicitation is being conducted by agents of the firm, the notice shall include a provision affirming that the solicitation material has been approved by the nonprofit beneficiary. [1991 c.532 §18]
     128.805
[1971 c.589 §14; 1981 c.593 §12; repealed by 1985 c.729 §1; 1985 c.730 §15]
     128.806
[1985 c.729 §4; repealed by 1991 c.532 §26]
     128.807
Required submission of financial plan to nonprofit beneficiary. (1) A
professional fund raising firm shall not participate in a solicitation campaign
in this state without first submitting a written financial plan to the
nonprofit beneficiary. A nonprofit organization, utilizing the services of a
professional fund raising firm, shall not solicit in this state unless it has
obtained such a written financial plan from the firm. The written financial
plan shall provide a good faith projection of the total expenses and revenue
for each solicitation campaign contemplated by the agreement with the nonprofit
beneficiary.
     (2) In the case of solicitation campaigns which are directed at targeted individual donors, such as in telemarketing or direct mail solicitations, the plan shall specify whether each campaign is directed toward new donor acquisitions, individual donor renewals or some combination thereof. [1991 c.532 §19]
     128.809
Required disclosure of agency by solicitors. No person shall engage in an
in-person solicitation as an agent of a professional fund raising firm,
including a face-to-face or telephone solicitation, unless it is disclosed
orally in the course of the solicitation but prior to asking for a commitment
for a contribution from the solicitee, and in writing to any solicitee that
makes a pledge to be delivered within 10 days of the date of the pledge that
the solicitor is operating under the direction and control of a named professional
fund raising firm. [1991 c.532 §20]
     128.810
[1959 c.599 §1; repealed by 1967 c.359 §704]
     128.811
[1985 c.729 §5; repealed by 1991 c.532 §26]
     128.812
Required submission of financial report after campaign. Within 90 days
after a solicitation campaign has been completed, unless funds are to be
collected by the nonprofit beneficiary, the professional fund raising firm
shall file with the Attorney General a financial report for the campaign,
including gross receipts and all expenditures incurred in the solicitation
campaign. The report shall be completed on a form prescribed by the Attorney
General. The report shall be signed by an official of the professional fund
raising firm and an official from each beneficiary and they shall certify, under
oath, that it is true to the best of their knowledge. A similar interim
financial report shall be filed one year after the start of the solicitation
campaign in the case of a solicitation campaign still in progress on that date.
[1991 c.532 §21]
     128.813
[1975 c.388 §2; repealed by 1985 c.729 §1; 1985 c.730 §15]
     128.814
Presumption of breach of fiduciary duty by officer or director of nonprofit
beneficiary. (1) There shall be a rebuttable presumption of a breach of
fiduciary duty if an officer or director of a nonprofit beneficiary enters into
an agreement with a professional fund raising firm:
     (a) For a duration to exceed two years unless the nonprofit beneficiary has obtained written proposals from at least two other professional fund raising firms; or
     (b) Where one of the stated or implied purposes of the solicitation campaign is to acquire an identified list of donors for use as a donor base for future solicitations by the nonprofit beneficiary, unless the nonprofit beneficiary has exclusive rights to the ownership and use of the list of donors.
     (2) It shall be presumed that such donor list acquisition is a purpose of the campaign unless the agreement specifies otherwise.
     (3) This section shall not prohibit a professional fund raising firm from retaining a security interest in a list for the limited purpose of recovering amounts owed to it pursuant to the terms of the contract. [1991 c.532 §22]
     128.815
[1971 c.589 §14a; 1981 c.593 §13; repealed by 1985 c.729 §1; 1985 c.730 §15]
     128.816
[1985 c.729 §6; repealed by 1991 c.532 §26]
     128.820
[1959 c.599 §§2,3,4,5; 1967 c.359 §125; renumbered 731.704]
     128.821
Registration of commercial fund raising firms required; fee; renewal; notice of
change in information. (1) No person shall engage in solicitations for
contributions for or on behalf of a commercial fund raising firm unless the
commercial fund raising firm is registered with the Attorney General.
     (2) Applications for registration or reregistration shall be in writing, under oath, on a form prescribed by the Attorney General and shall be accompanied by a fee in the amount of $250.
     (3) The application shall contain such information as the Attorney General shall require and which is consistent with ORS 128.801 to 128.898, including:
     (a) The address of the principal place of business of the applicant and any local addresses if the principal place of business is not located in the state.
     (b) The form of the applicant’s organization.
     (c) The names and personal addresses of all principals of the organization, including all officers and all persons who own a 10 percent or more interest in the organization.
     (4) Each registration is valid for one year and may be renewed for additional one-year periods upon application to the Attorney General and payment of the registration fee.
     (5) The Attorney General shall be notified in writing of any change in the information contained in the application within seven days after the change occurs. [1985 c.729 §7; 1991 c.532 §2]
     128.823
Designation of amount to be paid to beneficiaries; manner of specification;
minimum amount payable. (1) No person shall engage in commercial fund
raising solicitations unless there is a designated amount to be paid to
nonprofit beneficiaries. Where the nonprofit beneficiary is identified in the
solicitation campaign, the amount shall be specified in a contract or letter of
agreement with such a beneficiary. The amount shall be specified in terms of:
     (a) An amount per unit of the goods or services to be purchased;
     (b) A specified percentage of the gross funds solicited; or
     (c) A good faith estimate of the gross funds solicited.
     (2) Nonprofit beneficiaries shall receive no less than 90 percent of the designated estimate under subsection (1)(c) of this section. Any designated amount shall exclude any amount which the nonprofit beneficiary is to pay as expenses of the solicitation campaign, such as all costs of the goods or services sold or cost of fund raising events staged. [1991 c.532 §5]
     128.824
Disclosures required in commercial fund raising solicitations. (1) All
commercial fund raising solicitations shall include a clear and conspicuous
disclosure of the identity of the commercial fund raising firm or commercial
coventurer.
     (a) In the case of a vending machine, it shall be disclosed on the device that the machine is owned and operated by the commercial fund raising firm or commercial coventurer.
     (b) In the case of an in-person solicitation, including a face-to-face or telephone solicitation, it shall be disclosed orally in the course of the solicitation but prior to asking for a commitment for a contribution from the solicitee, and in writing to any solicitee that makes a pledge to be delivered within 10 days of the date of the pledge that the solicitor is operating under the direction and control of a named commercial fund raising firm or commercial coventurer.
     (c) In the case of a solicitation by advertisement or mass distribution, including posters, leaflets, automatic dialing machines, publications and audio or video broadcasts, it shall be disclosed in the body of the solicitation material that the product or service is marketed by a named commercial fund raising firm or commercial coventurer.
     (2) All commercial fund raising solicitations shall include a clear and conspicuous disclosure of the amount of the solicited funds to be paid to the nonprofit beneficiary as provided in ORS 128.823.
     (a) In the case of a vending machine, the disclosure shall be on the device.
     (b) In the case of an in-person solicitation, including a face-to-face or telephone solicitation, the disclosure shall be in the form of a written statement to any solicitee who makes a pledge, to be delivered within 10 days of the date of the pledge.
     (c) In the case of a solicitation by advertisement or mass distribution, the disclosure shall be in the body of the solicitation material. [1991 c.532 §6]
     128.825
[1971 c.589 §15; repealed by 1985 c.729 §1; 1985 c.730 §15]
     128.826
Commercial fund raising contracts and notice; filing. (1) At least 10 days
prior to the commencement of each commercial fund raising solicitation
campaign, a commercial fund raising firm shall file with the Attorney General a
completed fund raising notice on forms prescribed by the Attorney General. A
copy of the contract or letter of agreement with any beneficiary and a copy of
the disclosure material required by ORS 128.824 shall be attached to the
notice.
     (2) The fund raising notice shall be in writing, under oath, and shall include a description of the fund raising event or campaign, the projected starting and ending dates of the campaign, the bank account number and location where the solicited funds will be deposited, including the name of the organization or organizations that control the account, and the address and telephone number of the headquarters for each commercial solicitation campaign if different than the principal place of business identified on the commercial fund raising firm’s registration form as well as the person in charge of each such location. The notice shall include a provision affirming that the disclosure material described in subsection (1) of this section has been affirmed by all beneficiaries. [1985 c.729 §8; 1991 c.532 §3]
     128.830
[1959 c.599 §7; 1967 c.359 §126; renumbered 731.708]
     128.831
[1985 c.729 §9; repealed by 1991 c.532 §26]
     128.835
[1971 c.589 §16; 1981 c.593 §14; repealed by 1985 c.729 §1; 1985 c.730 §15]
     128.836
[1985 c.729 §10; repealed by 1991 c.532 §26]
     128.840
[1959 c.599 §6; repealed by 1967 c.359 §704]
     128.841
Commercial fund raising firm financial reports; contents; filing. Within 90
days after a commercial fund raising solicitation campaign has been completed,
the commercial fund raising firm shall file with the Attorney General a
financial report for the campaign, including gross receipts and all
expenditures incurred in the solicitation campaign. The report shall be
completed on a form prescribed by the Attorney General. The report shall be
signed by an official of the commercial fund raising firm and an official from
each beneficiary and they shall certify, under oath, that it is true to the
best of their knowledge. A similar interim financial report shall be filed one
year after the start of the solicitation campaign in the case of a solicitation
campaign still in progress on that date. [1985 c.729 §11; 1991 c.532 §7]
     128.845
[1971 c.589 §17; 1981 c.593 §15; repealed by 1985 c.729 §1; 1985 c.730 §15]
     128.846
Maintenance of records by commercial fund raising firm. (1) A commercial
fund raising firm shall maintain for a period of not less than three years from
the completion of each fund raising campaign, the following records:
     (a) The name and address of each contributor and the date and amount of the contribution, if the preceding is known to the commercial fund raising firm.
     (b) The name and address of each paid solicitor and the dates and amount of compensation paid to each such solicitor.
     (c) Records of all fund raising expenses incurred in the course of the fund raising campaign.
     (2) If the commercial fund raising firm sells tickets to an event and represents that tickets will be donated for use by another, the commercial fund raising firm shall also maintain, for the same period as specified in subsection (1) of this section, the following records:
     (a) The name and address of those contributors donating tickets and the number of tickets donated by each contributor; and
     (b) The name and address of all organizations receiving donated tickets, including the number of tickets received by each organization.
     (3) All records described in this section shall be available for inspection by the Attorney General upon request. [1985 c.729 §12; 1991 c.532 §8]
     128.848
Accountings required of commercial coventurer. A commercial coventurer
shall keep a final accounting for each commercial fund raising solicitation
that it conducts for a period of three years following the completion of the
campaign. A commercial coventurer shall provide such an accounting for each commercial
fund raising solicitation it conducts not later than 20 days after it is
requested by the Attorney General or any nonprofit beneficiary. [1991 c.532
§16]
     128.850
[1959 c.599 §8; 1967 c.359 §128; renumbered 731.716]
     128.851
[1985 c.729 §13; repealed by 1991 c.532 §26]
     128.855
[1975 c.388 §3; 1977 c.467 §1; repealed by 1985 c.729 §1; 1985 c.730 §15]
     128.856
Written consent by beneficiary to use of name. No person, other than
volunteers or employees under the direction and control of a nonprofit
beneficiary, shall represent that any part of the contributions received will
be given or donated to any named nonprofit beneficiary unless such organization
has consented in writing to the use of its name, prior to the solicitation. The
written consent shall be signed by an officer, director or trustee of the organization.
[1985 c.729 §14; 1991 c.532 §9]
     128.860
[1959 c.599 §11; 1967 c.359 §129; renumbered 731.720]
     128.861
Written consent required for representations about use of tickets. A
commercial fund raising firm shall not represent, in the course of its solicitation
activities, that tickets to events will be donated for use by another unless it
has complied with the following requirements:
     (1) The commercial fund raising firm shall obtain commitments, in writing, from beneficiaries stating that they will accept donated tickets and specifying the number of tickets they are willing to accept;
     (2) The commercial fund raising firm shall solicit and accept no more contributions of donated tickets than the number of ticket commitments it has received from beneficiaries; and
     (3) A ticket commitment alone, as described in this section, shall not constitute written consent to use the organization’s name as described in ORS 128.856. [1985 c.729 §15; 1991 c.532 §10]
     128.865
[1975 c.388 §4; 1981 c.897 §37; repealed by 1985 c.729 §1; 1985 c.730 §15]
     128.866
Injunction by Attorney General. The Attorney General may obtain an
injunction against solicitation of contributions until:
     (1) The charitable organization, beneficiary, professional fund raising firm or commercial fund raising firm has complied with all registration and reporting requirements of the Charitable Solicitations Act and ORS 128.610 to 128.750; or
     (2) Breaches of fiduciary duties have been corrected and the officers and directors responsible for the breaches have been removed. [1985 c.729 §17; 1991 c.532 §11; 2003 c.40 §3]
     128.870
[1959 c.599 §12; repealed by 1967 c.359 §704]
     128.871
Denial or revocation of registration. Subject to ORS chapter 183, the
Attorney General may deny registration or revoke any registration issued
pursuant to ORS 128.802 or 128.821 for a period not to exceed five years, if
the Attorney General finds:
     (1) A material misrepresentation or false statement to be in the application for registration or any other statement filed with the Attorney General as provided in ORS 128.801 to 128.898 and 128.995.
     (2) Any material violation of ORS 128.801 to 128.898 or the rules adopted by the Attorney General pursuant to ORS 128.801 to 128.898 and 128.995. [1985 c.729 §23; 1991 c.532 §12]
     128.876
Rules. The Attorney General shall make rules as to the filing and execution
of reports and registration statements required by ORS 128.610 to 128.650,
128.680, 128.710, 128.801 to 128.899, 128.995 and 646.608 and to the contents
thereof. The Attorney General may make additional rules and amend existing
rules as necessary for the proper administration of the Charitable
Solicitations Act. [1985 c.729 §18; 2003 c.14 §46]
     128.880
[1959 c.599 §9; 1967 c.359 §130; renumbered 731.724]
     128.881
Deposit of fees and penalties; use. All fees and penalties received by the
Department of Justice under ORS 128.802 and 128.821 shall be paid over to the
State Treasurer monthly for deposit in the Department of Justice Operating
Account created under the provisions of ORS 180.180. Amounts deposited pursuant
to this section are continuously appropriated to the Attorney General to pay
the expenses of the Department of Justice in administering the Charitable Trust
and Corporation Act as established in ORS 128.610 and the Charitable
Solicitations Act. [1985 c.729 §20; 1991 c.532 §13]
     128.886
False or misleading representations prohibited. (1) No person shall make
any false or misleading representations in the course of any solicitation of
contributions.
     (2) A representation may be any manifestation of any assertion by words or conduct, including, but not limited to, a failure to disclose a fact.
     (3) No person shall have a cause of action under ORS 646.638 for an alleged violation of any provision of this section if the alleged false or misleading representation is made by a volunteer of an organization which is exempt from federal taxation under section 501(c) of the Internal Revenue Code of 1954, as amended, and the alleged false or misleading representation is not made at the direction of paid personnel. [1985 c.729 §16; 1989 c.913 §2; 1991 c.532 §14]
     128.890
[1959 c.599 §10; repealed by 1967 c.359 §704]
     128.891
Prohibited representations; written notice. (1) No solicitation for
contributions shall in any way use the fact or requirement of registration, or
any filing of any report pursuant to the Charitable Solicitations Act or ORS
128.610 to 128.750, with the intent to cause or in a manner tending to cause
any person to believe that such solicitation, the manner in which it is
conducted, its purposes, any use to which the proceeds will be applied, or the
person or organization conducting it have been or will be in any way indorsed,
sanctioned or approved by the Attorney General or any other governmental agency
or office.
     (2) Any written or oral statement made in connection with a solicitation of contributions that the person or organization conducting the solicitation is registered or has filed, will file or is required to file any report with the Attorney General, or any statement of similar import, shall be immediately followed by a statement of equal prominence that such registration or report in no way constitutes or implies any indorsement, sanction or approval of the solicitation, its purposes, the manner in which it is conducted or the person or organization conducting it, by the Attorney General or any other governmental agency or officer. [1985 c.729 §19]
     128.893
Use of in-state address. (1) A person may not use an address in this state,
including a return address, in a solicitation, or in written material issued in
connection with a solicitation, made on behalf of a nonprofit organization
unless:
     (a) The nonprofit organization actually maintains and staffs an office in this state; or
     (b) The solicitation, or written material issued in connection with a solicitation, discloses:
     (A) The address of the actual headquarters of the nonprofit organization; and
     (B) That the address in this state is a mail drop or that the address in this state is solely the address of a mail handling facility.
     (2) If the disclosures described in subsection (1) of this section are required in a written solicitation, or in written material issued in connection with a solicitation, the disclosures shall be printed immediately proximate to the address in this state and in a location and typeface no less prominent than the address in this state. [2003 c.40 §2]
     128.896
[1985 c.730 §13; 1991 c.734 §8; renumbered 128.899 in 1991]
     128.898
Short title. ORS 128.801 to 128.898 and 128.995 may be cited as the
Charitable Solicitations Act. [1985 c.729 §2]
CIVIL PENALTIES
     128.899
Civil penalties for violation of ORS 128.610 to 128.750. (1) The
responsible officers or trustees of a corporation or trust which fails to
register or file a report required by ORS 128.610 to 128.750 or the Charitable
Trust and Corporation Act may be assessed a civil penalty not to exceed $1,000
by the Attorney General.
     (2) Civil penalties under this section shall be imposed as provided in ORS 183.745.
     (3) All penalties recovered under this section shall be credited to the Department of Justice Operating Account as described in ORS 128.670 (9). [Formerly 128.896]
CRIMINAL PENALTIES
     128.990
[1959 c.639 §3; subsections (2), (3), (4) enacted as 1971 c.589 §18; 1975 c.388
§7; 1981 c.593 §16; 1985 c.729 §21; 1987 c.813 §13; renumbered 97.992 in 2001]
     128.991
[1987 c.813 §9; 1993 c.467 §4; 1995 c.325 §3; 2001 c.796 §19; renumbered 97.994
in 2001]
     128.992
Penalties for ORS 128.610 to 128.750. Filing or assisting in preparing or
filing a statement or report required by the Charitable Trust and Corporation
Act, ORS 128.610 to 128.750, that is false or fraudulent is a Class A
misdemeanor. [1985 c.730 §3]
     128.995
Penalties for ORS 128.801 to 128.898. Violation of ORS 128.802, 128.821 or
filing or assisting in preparing or filing a statement or report required by
ORS 128.801 to 128.898 that is false or fraudulent is a Class A misdemeanor.
[1985 c.729 §24; 1991 c.532 §23]
_______________
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