2021 Oregon Revised Statutes
Chapter 709 - Regulation of Trust Business
Section 709.005 - Certificate of authority to transact trust business; application; contents; fee; exceptions.


(2) To procure a certificate of authority to transact trust business in this state, a company to whom this section applies shall file a written application with the director, which shall contain or be accompanied by:
(a) The name of the company.
(b) The state or country under the laws of which the company is organized.
(c) The date of incorporation or other organization of the company.
(d) The period of duration of the company, if the duration is not perpetual.
(e) A mailing address to which the director may send notices.
(f) The address of the principal office of the company in the state or country under the laws of which it is organized.
(g) The street address of the proposed registered office of the company in this state and the name of its proposed registered agent, who shall be amenable to service of process at that address.
(h) A brief statement setting forth any background and experience of the company in conducting a trust business in the state or country in which it is organized, and its qualifications to transact trust business in this state.
(i) The names and addresses of the chief executive officer and the secretary of the company.
(j) Any additional information that the director may by rule require.
(k) The verified signature of the chief executive officer of the company, certifying that all information contained in the application is true, accurate and complete.
(L) A certificate of existence, a certificate of good standing, a status certificate or a document of similar import, current within 60 days of making application under this section and duly authenticated by the official with custody of the corporate or other records in the state, province or country under the laws of which the company is organized.
(m) A certificate of authorization for a foreign corporation, or a copy of the application for authority to transact business in this state as a foreign corporation as filed with the Secretary of State, current within 60 days of making application under this section and duly authenticated by the Secretary of State evidencing the authorization of the company, or application for authorization, to transact business as a foreign corporation under ORS chapter 60.
(n) An application fee of $2,500, provided that no application fee shall be charged under this paragraph:
(A) If the applicant is concurrently applying for a charter under ORS chapter 707; or
(B) If the director reduces or waives the application fee.
(3) If the director finds that the application conforms to the requirements of subsection (2) of this section and that the applicant is qualified by experience to transact trust business in this state, the director shall direct the applicant to make the security deposit required under ORS 709.030, and when the deposit is made, the director shall issue and send to the company a certificate of authority to transact business.
(4) The requirement to procure a certificate of authority under this section shall not apply to the extent preempted by federal law, or to any bank lawfully transacting trust business in this state on October 4, 1997. [1997 c.631 §229; 1999 c.107 §3]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 18 - Financial Institutions, Insurance

Chapter 709 - Regulation of Trust Business

Section 709.005 - Certificate of authority to transact trust business; application; contents; fee; exceptions.

Section 709.015 - Organization as limited liability company.

Section 709.030 - Approval to transact trust business; exceptions; deposit of cash, securities, letter of credit or surety bond with director; amount.

Section 709.040 - Securities eligible for deposit.

Section 709.050 - Trust companies depositing securities guaranteed by mortgage insurance and mortgage participation certificates.

Section 709.080 - Charges for handling securities; collection procedure.

Section 709.120 - Substitution of deposit securities; income of securities deposited.

Section 709.150 - General powers of trust companies.

Section 709.160 - Solicitation and performance of legal business.

Section 709.170 - Establishment of and investment in common trust funds; rules; accounting.

Section 709.175 - Limitation on investment of trust funds; exceptions.

Section 709.190 - Trust department kept separate; records of securities; retention of records.

Section 709.200 - Acquisition or investment of trust property in own name or name of nominee.

Section 709.220 - Handling of funds awaiting investment or distribution; security for use of funds.

Section 709.280 - Loans to directors, officers, employees or affiliates.

Section 709.300 - Transaction of trust business by national bank.

Section 709.330 - Sale or transfer of assets or liabilities; effect on fiduciary relations.

Section 709.350 - Successor trustee upon liquidation or receivership; appointment and qualification; petition by director; applicability of state laws.

Section 709.390 - Discontinuance of trust business; determination of claims against deposit of securities.

Section 709.400 - Order to start court action; publication of order; jurisdiction over securities; notice to trustor; applicability of state laws.

Section 709.420 - Actions or suits on claims; service of summons; preference on calendar.

Section 709.430 - Release or payment of deposit pending suit; distribution of deposits upon determination of suit.

Section 709.450 - Sale and disposition of securities to pay expenses, costs and claims.

Section 709.460 - Application of ORS 709.390 to 709.450 to merger or consolidation; return of security deposit after merger or consolidation.

Section 709.520 - Conversion to out-of-state trust company; conversion to Oregon trust company; procedures.

Section 709.535 - Sale of assets or transfer of liabilities; approval by stockholders and director; appeal.

Section 709.600 - Regulation of trust business by corporations formed prior to adoption of Bank Act; regulation of other business.

Section 709.980 - Civil penalties.