(1) "Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose or any other purpose the achievement of which is beneficial to the community.
(2) "Endowment fund" means an institutional fund or part of an institutional fund that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. "Endowment fund" does not include assets that an institution designates as an endowment fund for the institution’s own use.
(3) "Gift instrument" means a record or records, including an institutional solicitation, under which property is granted to, transferred to or held by an institution as an institutional fund.
(4) "Institution" means:
(a) A person, other than an individual, organized and operated exclusively for charitable purposes;
(b) A government or governmental subdivision, agency or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; and
(c) A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.
(5) "Institutional fund" means a fund held by an institution exclusively for charitable purposes. "Institutional fund" does not include:
(a) Program-related assets;
(b) A fund held for an institution by a trustee that is not an institution;
(c) A fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund; or
(d) A fund managed by the State Treasurer, moneys held by the State Treasurer for investment or moneys managed or held for investment by or on behalf of the State Treasurer under ORS chapter 293 or 348.
(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(7) "Program-related asset" means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.
(8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. [2007 c.554 §1]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 128 - Trusts; Charitable Activities
Section 128.001 - Limitations on accepting payment for preparation of trust.
Section 128.090 - Limitations on trustee’s administration of "split-interest" trust.
Section 128.100 - Authority of fiduciary to deposit securities in clearing corporation.
Section 128.316 - Definitions for ORS 128.305 to 128.336.
Section 128.318 - Standard of conduct in managing and investing institutional fund.
Section 128.326 - Delegation of management and investment functions.
Section 128.328 - Release or modification of restrictions on management, investment or purpose.
Section 128.575 - Filing with Office of Secretary of State required; fees; amendments.
Section 128.597 - Inactivation of business trust.
Section 128.599 - Reinstatement of business trust following inactivation.
Section 128.620 - Definitions for ORS 128.610 to 128.769.
Section 128.630 - Application of ORS 128.610 to 128.769.
Section 128.640 - Exemptions from application of ORS 128.610 to 128.769.
Section 128.710 - Enforcement; jurisdiction of court.
Section 128.735 - Attorney fees in action to enforce fiduciary or other duty.
Section 128.801 - Definitions for ORS 128.801 to 128.898.
Section 128.804 - Fund raising notice; contents.
Section 128.807 - Required submission of financial plan to nonprofit beneficiary.
Section 128.824 - Disclosures required in commercial fund raising solicitations.
Section 128.826 - Commercial fund raising contracts and notice; filing.
Section 128.846 - Maintenance of records by commercial fund raising firm.
Section 128.861 - Written consent required for representations about use of tickets.
Section 128.866 - Injunction by Attorney General.
Section 128.871 - Denial or revocation of registration.
Section 128.886 - False or misleading representations prohibited.
Section 128.891 - Prohibited representations; written notice.