(a) Has actual knowledge of it;
(b) Has received a notice or notification of it; or
(c) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
(2) "Knowledge" means actual knowledge. "Knows" has a corresponding meaning.
(3) "Discover," "learn" or words of similar import refer to knowledge rather than to reason to know.
(4) A person notifies or gives a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.
(5) Subject to subsection (6) of this section, a person receives a notice or notification when:
(a) It comes to the person’s attention; or
(b) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by the person as the place for receipt of such communications.
(6) Notice, knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual’s attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual’s regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information. [1961 c.726 §71.2020; 2009 c.181 §9]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 071 - General Provisions for Uniform Commercial Code
Section 71.1010 - Short titles.
Section 71.1060 - Use of singular and plural; gender.
Section 71.2010 - General definitions.
Section 71.2020 - Notice; knowledge.
Section 71.2030 - Lease distinguished from security interest.
Section 71.2050 - Reasonable time; seasonableness.
Section 71.3010 - Territorial applicability; parties’ power to choose applicable law.
Section 71.3020 - Variation by agreement.
Section 71.3030 - Course of performance, course of dealing and usage of trade.
Section 71.3040 - Obligation of good faith.
Section 71.3050 - Remedies to be liberally administered.
Section 71.3060 - Waiver or renunciation of claim or right after breach.
Section 71.3070 - Prima facie evidence by third-party documents.
Section 71.3080 - Performance or acceptance under reservation of rights.