(2) The books and accounts of the trust department shall show the ownership of all moneys, funds, investments and property held by the trust department. Securities may be kept by the trust department in either of the following ways:
(a) All certificates representing the securities of an account may be held separate from those of all other accounts; or
(b) Certificates representing securities of the same class of the same issuer held for particular accounts may be held in bulk without certification as to ownership attached and, to the extent feasible, certificates of small denomination may be merged into one or more certificates of larger denomination. Upon demand by any person to whom it has a duty to account, a trust department shall certify in writing the securities held by it for an account. A trust department, if operating under the method of safekeeping security certificates described in this paragraph, is subject to such rules as may be issued by:
(A) In the case of a banking institution, the Director of the Department of Consumer and Business Services;
(B) In the case of an out-of-state bank, the appropriate state supervisor;
(C) In the case of an extranational institution, the official charged with supervising the extranational institution in the country under the laws of which it was organized; or
(D) In the case of a national bank, the Comptroller of the Currency.
(3) All records shall be kept and retained for such time as to enable the banking institution or non-Oregon institution to furnish information or reports with respect to the records that may be required by the director or other regulator specified in subsection (2)(b) of this section. The records shall contain full information relative to each account and nothing contained in this subsection shall require a banking institution or non-Oregon institution to maintain the records required by this section in any given manner, provided that the information required is clearly and accurately reflected and provides an adequate basis for the audit of the information.
(4) A banking institution transacting trust business in this state shall retain the records required by this section for a period of three years from the termination of the relationship to which the records relate. A non-Oregon institution or federal bank transacting trust business in this state shall retain such records pertaining to the trust business transacted by it for such periods of time as may be required by applicable laws of the jurisdiction under which the non-Oregon institution or federal bank is organized, or if the applicable laws of the jurisdiction do not specify a period for retaining the records, the non-Oregon institution or federal bank shall retain the records required by this section for a period of three years. The records shall be available for examination by the director or, in the case of:
(a) Federal banks, the Comptroller of the Currency or other federal supervisor;
(b) Out-of-state banks and out-of-state trust companies, the appropriate state supervisor; or
(c) Extranational institutions, the official charged with supervising the extranational institution in the country under the laws of which it was organized. [Amended by 1971 c.263 §1; 1973 c.797 §197; 1975 c.544 §29; 1985 c.762 §42; 1991 c.336 §1; 1997 c.631 §214]
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Chapter 709 - Regulation of Trust Business
Section 709.015 - Organization as limited liability company.
Section 709.040 - Securities eligible for deposit.
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 709.420 - Actions or suits on claims; service of summons; preference on calendar.
Section 709.450 - Sale and disposition of securities to pay expenses, costs and claims.