(1)(a) "Account" means a contract of deposit of funds between a depositor and an insured institution.
(b) "Account" includes a checking account, savings account or certificate of deposit.
(2) "Beneficiary" means a person named in a trust account as one for whom a party to the account is named as trustee.
(3) "Joint account" means an account payable on request to one or more of two or more parties, with or without a right of survivorship.
(4)(a) "Multiple-party account" means a joint account, a P.O.D. account or a trust account.
(b) "Multiple-party account" does not include:
(A) Accounts established to deposit funds of a partnership, joint venture or other association for business purposes;
(B) Accounts that a person controls as the duly authorized agent or trustee for a corporation, limited liability company, unincorporated association, charitable or civic organization; or
(C) A regular fiduciary or trust account in which the relationship is established other than by deposit agreement.
(5) "Net contribution" of a party to a joint account as of any given time means:
(a) The sum of all deposits to the joint account made by or for the party, less all withdrawals made by or for the party that have not been paid to or applied to the use of any other party, plus a pro rata share of any interest or dividends included in the current balance; and
(b) Any proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question.
(6) "Party" means:
(a) A person that, by the terms of a multiple-party account, has a present right, subject to request, to payment from the account;
(b) A P.O.D. payee or beneficiary of a trust account if the account becomes payable to the payee or beneficiary by reason of the payee’s or beneficiary’s surviving the original party or trustee;
(c) A guardian, conservator, personal representative or assignee, including an attaching creditor, of a party; or
(d) A person identified as a trustee of an account for another whether or not a beneficiary is named, other than a named beneficiary, unless the named beneficiary has a present right of withdrawal.
(7) "Payment" means withdrawing, paying on check or otherwise paying sums on deposit at a party’s directive, a party’s pledging sums on deposit and any setoff, reduction or other disposition of all or part of an account in accordance with a pledge.
(8) "P.O.D. account" means an account payable on request to one person during the person’s lifetime and, on the person’s death, to one or more P.O.D. payees, or to one or more persons during the persons’ lifetimes and on the death of all of the persons to one or more P.O.D. payees.
(9) "P.O.D. payee" means a person designated on a P.O.D. account as a person to whom the account is payable on request after the death of another person.
(10) "Request" means a proper request for withdrawal, or a check or order for payment, that complies with all conditions of an account, including special requirements concerning necessary signatures and regulations of the insured institution.
(11) "Sums on deposit" means the balance payable on a multiple-party account, including interest, dividends and any deposit life insurance proceeds added to the account by reason of a party’s death.
(12)(a) "Trust account" means an account in the name of one or more parties as trustee for one or more beneficiaries in which the relationship is established by the form of the account and the deposit agreement with the insured institution, and the trust has no subject other than the sums on deposit in the account whether or not the deposit agreement provides for payment to the beneficiary.
(b) "Trust account" does not include a regular trust account under a testamentary trust or a trust agreement that has significance apart from the account, or a fiduciary account arising from a fiduciary relationship such as attorney-client.
(13) "Withdrawal" means payment to a party or to a third person by check or otherwise at a party’s directive. [1997 c.631 §172; 2015 c.244 §53]
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Chapter 708A - Regulation of Institutions Generally
Section 708A.005 - Powers of institutions; insurance transactions; rules.
Section 708A.010 - Investments and activities of Oregon commercial banks.
Section 708A.115 - Investment in government obligations.
Section 708A.120 - Investment in stock of other entity; rules.
Section 708A.155 - Investment in foreign banks.
Section 708A.175 - Right to purchase, hold and dispose of real and personal property.
Section 708A.195 - Disposition of real and personal property.
Section 708A.210 - Challenge to validity of institution action; prohibition; exceptions.
Section 708A.255 - Interest rates on loans or uses of money; late charges.
Section 708A.270 - Real estate loans.
Section 708A.275 - Establishment of loan production office; notice; fee.
Section 708A.300 - Obligations secured by readily marketable collateral.
Section 708A.310 - Obligations of indorser of discounted commercial paper.
Section 708A.325 - Installment consumer paper.
Section 708A.335 - Obligations secured by documents covering readily marketable staples.
Section 708A.350 - Obligations secured by government bonds.
Section 708A.360 - Obligations secured by deposits.
Section 708A.370 - Obligations secured by first lien on real estate.
Section 708A.415 - Securing deposits by surety bond, letter of credit or insurance.
Section 708A.430 - Disposition of deposit on death of depositor.
Section 708A.450 - Certified checks.
Section 708A.455 - Definitions for ORS 708A.455 to 708A.515.
Section 708A.465 - Ownership of multiple-party accounts.
Section 708A.488 - Withdrawal or payment conditioned on advance notice.
Section 708A.535 - Granting security interests in institution assets.
Section 708A.560 - Real and personal property used in institution’s business.
Section 708A.580 - Capital-strengthening corporations.
Section 708A.590 - Charging off real estate assets; use of generally accepted accounting principles.
Section 708A.600 - Charging off losses.
Section 708A.640 - Receiving illegal compensation; misapplication of property and credit.
Section 708A.650 - Banking days; holidays.
Section 708A.660 - Savings promotion raffles; rules.
Section 708A.670 - Definitions for ORS 708A.670 and 708A.675.