(a) The duration and preservation of the endowment fund;
(b) The purposes of the institution and the endowment fund;
(c) General economic conditions;
(d) The possible effect of inflation or deflation;
(e) The expected total return from income and the appreciation of investments;
(f) Other resources of the institution; and
(g) The investment policy of the institution.
(2) To limit the authority to appropriate for expenditure or accumulate under subsection (1) of this section, a gift instrument must specifically state the limitation.
(3) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only "income," "interest," "dividends" or "rents, issues or profits," or "to preserve the principal intact," or words of similar import:
(a) Create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and
(b) Do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (1) of this section.
(4) The appropriation for expenditure in any year of an amount greater than seven percent of the fair market value of an endowment fund, calculated on the basis of market values determined at least quarterly and averaged over a period of not less than three years immediately preceding the year in which the appropriation for expenditure was made, creates a rebuttable presumption of imprudence. For an endowment fund in existence for fewer than three years, the fair market value of the endowment fund must be calculated for the period the endowment fund has been in existence. This subsection does not:
(a) Apply to an appropriation for expenditure permitted under law other than ORS 128.305 to 128.336 or by the gift instrument; or
(b) Create a presumption of prudence for an appropriation for expenditure of an amount less than or equal to seven percent of the fair market value of the endowment fund. [2007 c.554 §3]
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.