2021 Oregon Revised Statutes
Chapter 709 - Regulation of Trust Business
Section 709.535 - Sale of assets or transfer of liabilities; approval by stockholders and director; appeal.


(2) If an Oregon trust company proposes to transfer all or substantially all of the Oregon trust company’s assets, liabilities or both outside the ordinary course of business, the Oregon trust company shall send notice of the acquisition transaction to each of the Oregon trust company’s stockholders within 30 days after the board of directors approves the acquisition transaction. The notice shall set forth the substantive provisions of ORS 711.175, 711.180 and 711.185. To be effective, each selling Oregon trust company that is a party to the acquisition transaction shall have the acquisition transaction approved by a two-thirds vote of the outstanding stock of each class of voting shares at a meeting called to consider the acquisition transaction.
(3) The Director of the Department of Consumer and Business Services shall approve an acquisition transaction that is subject to this section if the director finds that the acquisition transaction:
(a) Conforms with the provisions of the Bank Act;
(b) Will not be detrimental to the safety and soundness of an Oregon trust company that is a party to the acquisition transaction;
(c) Is not contrary to the public interest; and
(d) Is permitted by the supervisory authority, if any, that has jurisdiction over the acquiring trust company, if the acquiring trust company is not an Oregon trust company.
(4) If the director disapproves an acquisition transaction that is subject to this section, the director shall state any objections in writing and give the parties to the acquisition transaction an opportunity to take action to obviate the objections.
(5) Any party to an acquisition transaction agreement may appeal the director’s decision as provided in ORS 183.415 to 183.500. [1997 c.631 §233; 2007 c.71 §229; 2015 c.244 §80]

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.