ORS 128.814
Presumption of breach of fiduciary duty by officer or director of nonprofit beneficiary

(1)

There shall be a rebuttable presumption of a breach of fiduciary duty if an officer or director of a nonprofit beneficiary enters into an agreement with a professional fund raising firm:

(a)

For a duration to exceed two years unless the nonprofit beneficiary has obtained written proposals from at least two other professional fund raising firms; or

(b)

Where one of the stated or implied purposes of the solicitation campaign is to acquire an identified list of donors for use as a donor base for future solicitations by the nonprofit beneficiary, unless the nonprofit beneficiary has exclusive rights to the ownership and use of the list of donors.

(2)

It shall be presumed that such donor list acquisition is a purpose of the campaign unless the agreement specifies otherwise.

(3)

This section shall not prohibit a professional fund raising firm from retaining a security interest in a list for the limited purpose of recovering amounts owed to it pursuant to the terms of the contract. [1991 c.532 §22]

Source: Section 128.814 — Presumption of breach of fiduciary duty by officer or director of nonprofit beneficiary, https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html.

128.001
Limitations on accepting payment for preparation of trust 128.085
Limitations on trustee’s administration of “private foundation” trust 128.090
Limitations on trustee’s administration of “split-interest” trust 128.095
Trustee may amend governing instrument of “private foundation” or “split-interest” trust with prior consent of Attorney General and benefited organizations 128.100
Authority of fiduciary to deposit securities in clearing corporation 128.305
Short title 128.316
Definitions for ORS 128.305 to 128.336 128.318
Standard of conduct in managing and investing institutional fund 128.322
Appropriation for expenditure or accumulation of endowment fund 128.326
Delegation of management and investment functions 128.328
Release or modification of restrictions on management, investment or purpose 128.332
Reviewing compliance 128.334
Relation to Electronic Signatures in Global and National Commerce Act 128.336
Uniformity of application and construction 128.510
Definitions for ORS 128.520 128.520
Employees’ trust may be in perpetuity 128.560
“Business trust” described 128.565
Business trust permitted 128.570
Business trusts and trustees not subject to bank and trust company regulations 128.573
Forms 128.575
Filing with Office of Secretary of State required 128.580
Business trusts subject to certain corporate laws 128.585
Personal liability of trustees, shareholders or beneficiaries of business trust 128.590
Filing of trust instrument as conclusive evidence of compliance with laws 128.595
Annual report 128.597
Inactivation of business trust 128.599
Reinstatement of business trust following inactivation 128.600
Filing, service, copying and certification fees 128.610
Short title 128.620
Definitions for ORS 128.610 to 128.769 128.630
Application of ORS 128.610 to 128.769 128.640
Exemptions from application of ORS 128.610 to 128.769 128.650
Register of charitable organizations 128.660
Filing of registration statement and articles of incorporation or other instrument with Attorney General 128.670
Filing of reports 128.675
Violations of ORS 128.610 to 128.769 128.680
Investigatory authority of Attorney General 128.690
Order for attendance by Attorney General 128.710
Enforcement 128.720
Copies of certain documents and notice to be provided Attorney General 128.730
List of certain claims for exemptions from taxation to be provided Attorney General 128.735
Attorney fees in action to enforce fiduciary or other duty 128.750
Uniformity of interpretation 128.760
Issuance of disqualification order by Attorney General 128.763
Disclosure of disqualification required in solicitations 128.766
Publication of disqualified organizations on Internet 128.769
Rules 128.801
Definitions for ORS 128.801 to 128.898 128.802
Registration of professional fund raising firms required 128.804
Fund raising notice 128.807
Required submission of financial plan to nonprofit beneficiary 128.809
Required disclosure of agency by solicitors 128.812
Required submission of financial report after campaign 128.814
Presumption of breach of fiduciary duty by officer or director of nonprofit beneficiary 128.821
Registration of commercial fund raising firms required 128.823
Designation of amount to be paid to beneficiaries 128.824
Disclosures required in commercial fund raising solicitations 128.826
Commercial fund raising contracts and notice 128.841
Commercial fund raising firm financial reports 128.846
Maintenance of records by commercial fund raising firm 128.848
Accountings required of commercial coventurer 128.856
Written consent by beneficiary to use of name 128.861
Written consent required for representations about use of tickets 128.866
Injunction by Attorney General 128.871
Denial or revocation of registration 128.876
Rules 128.881
Deposit of fees and penalties 128.886
False or misleading representations prohibited 128.891
Prohibited representations 128.893
Use of in-state address 128.898
Short title 128.992
Penalties for ORS 128.610 to 128.769 128.993
Penalty for signing false document 128.995
Penalties for ORS 128.801 to 128.898
Green check means up to date. Up to date

Current through early 2024

§ 128.814’s source at oregon​.gov