(a) Bonds or other securities eligible for the investment of trust funds;
(b) A surety bond;
(c) An irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008; or
(d) A combination of the securities, letters of credit and surety bond.
(2) The surety bond shall be issued by a surety company authorized to transact business in this state and approved by the Director of the Department of Consumer and Business Services. The bond or letter of credit shall provide that the principal and surety or letter of credit issuer shall indemnify the several owners of the funds held in trust against loss due to the failure of the trust company, bank or extranational institution.
(3) Notwithstanding the provisions of ORS 708A.415, the securities, the surety bond, the letter of credit or the securities, the surety bond and the letters of credit together shall be in an amount equal to the portion of the trust funds not insured by the United States Government or any agency or instrumentality of the United States.
(4) If the trust company, bank or extranational institution fails, the owners of the funds held in trust for investment or distribution have a lien on the bonds or other securities set apart, or a right of action on the surety bond and upon the letter of credit, in addition to their claim against the estate of the trust company, bank or extranational institution. [Amended by 1957 c.82 §2; 1973 c.797 §200; 1975 c.544 §29d; 1983 c.296 §5a; 1987 c.216 §5; 1991 c.331 §115; 1997 c.631 §216]
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.