Trusts

ORS 128.575
Filing with Office of Secretary of State required

  • fees
  • amendments


(1)

Any business trust desiring to do business in this state shall first submit to the Office of Secretary of State a copy of the trust instrument creating the trust and any subsequent amendments to the trust and a document setting forth:

(a)

The business trust name and the state or country of formation;

(b)

The names and addresses of the business trust’s trustees;

(c)

The physical street address of the business trust’s registered office in this state, which must be a location at which process may be personally served on the registered agent and that may not be a commercial mail receiving agency, a mail forwarding business or a virtual office, and the name of the registered agent;

(d)

A mailing address to which the Secretary of State may mail notices; and

(e)

Any additional identifying information that the Secretary of State by rule may require.

(2)

The filing described in subsection (1) of this section must be accompanied by the applicable filing fee.

(3)

If the Secretary of State finds that the document contains the required information, the Secretary of State, when all fees have been paid, shall file the trust instrument and document and return an acknowledgment of filing to the sender.

(4)

If a business trust amends a trust instrument, the business trust shall submit for filing a copy of the amendment to the Office of Secretary of State. The amendment must set forth:

(a)

The name of the business trust as shown on the records of the Office of Secretary of State; and

(b)

The information as changed. [1971 c.491 §4; 1973 c.367 §12; 1985 c.351 §21; 1985 c.728 §81a; 1987 c.94 §128; 1995 c.215 §24; 1999 c.486 §18; 2017 c.705 §30]

Notes of Decisions

Where business trust has not complied with filing requirements of this section, trustees do not qualify for immunity from liability for trust obligations under ORS 128.585. Hausam v. Ticor Title Ins. Co., 99 Or App 533, 783 P2d 39 (1989)


Source

Last accessed
Jun. 26, 2021