ORS 293.726
Standard of judgment and care in investments

  • investment in corporate stock

(1)

The investment funds shall be invested and the investments of those funds managed as a prudent investor would do, under the circumstances then prevailing and in light of the purposes, terms, distribution requirements and laws governing each investment fund.

(2)

The standard stated in subsection (1) of this section requires the exercise of reasonable care, skill and caution, and is to be applied to investments not in isolation but in the context of each investment fund’s investment portfolio and as a part of an overall investment strategy, which should incorporate risk and return objectives reasonably suitable to the particular investment fund.

(3)

In making and implementing investment decisions, the Oregon Investment Council and the investment officer have a duty to diversify the investments of the investment funds unless, under the circumstances, it is not prudent to do so.

(4)

In addition to the duties stated in subsection (3) of this section, the council and the investment officer must:

(a)

Conform to the fundamental fiduciary duties of loyalty and impartiality;

(b)

Act with prudence in deciding whether and how to delegate authority and in the selection and supervision of agents; and

(c)

Incur only costs that are reasonable in amount and appropriate to the investment responsibilities imposed by law.

(5)

The duties of the council and the investment officer under this section are subject to contrary provisions of privately created public trusts the assets of which by law are made investment funds. Within the limitations of the standard stated in subsection (1) of this section and subject to subsection (6) of this section, there may be acquired, retained, managed and disposed of as investments of the investment funds every kind of investment which persons of prudence, discretion and intelligence acquire, retain, manage and dispose of for their own account.

(6)

Notwithstanding subsection (1) of this section, not more than 50 percent of the moneys contributed to the Public Employees Retirement Fund or the Industrial Accident Fund may be invested in common stock, and not more than 65 percent of the moneys contributed to the other trust and endowment funds managed by the Oregon Investment Council or the State Treasurer may be invested in common stock.

(7)

Subject to the standards set forth in this section, moneys held in the Deferred Compensation Fund may be invested in the stock of any company, association or corporation, including but not limited to shares of a mutual fund. Investment of moneys in the Deferred Compensation Fund is not subject to the limitation imposed by subsection (6) of this section. [1967 c.335 §7; 1971 c.53 §1; 1973 c.385 §1; 1981 c.880 §12; 1983 c.456 §1; 1983 c.466 §1; 1987 c.759 §1; 1993 c.18 §59; 1993 c.75 §1; 1997 c.129 §2; 1997 c.179 §22; 1997 c.804 §5; 2005 c.294 §1]

Source: Section 293.726 — Standard of judgment and care in investments; investment in corporate stock, https://www.­oregonlegislature.­gov/bills_laws/ors/ors293.­html.

Attorney General Opinions

“Prudent man” rule as applied to divestiture of stocks in companies doing business in Southern Africa, (1978) Vol 38, p 2017; public official entering into standby or forward commitments to purchase securities, (1980) Vol 40, p 295; local governments investing deferred compensation in guaranteed annuity contracts, (1980) Vol 40, p 333; time deposits in mutual savings bank or state or federal savings and loan association of state moneys from Oregon Excess Fund, (1980) Vol 40, p 495

Law Review Citations

74 OLR 1031 (1995)

293.075
Encumbrances 293.090
Disposition of gift, devise or bequest to state or state agency 293.095
Effect of change in organization of state agencies on gifts, devises and bequests 293.105
General Fund 293.110
Certain funds as part of General Fund 293.115
Moneys separate and distinct from General Fund 293.117
Trust fund 293.125
Department to make accounting entries and charge claims against special dedicated funds 293.130
Information required on records of moneys deposited 293.135
Payment of warrants against certain special funds 293.140
Disposition of interest on state funds 293.144
Oregon Rainy Day Fund 293.146
Transfer of moneys to Rainy Day Fund 293.148
Cap on amount 293.165
Borrowing to pay warrants against General Fund 293.167
Proceeding when warrants not paid for want of funds 293.169
Notification to agency to stop issuing checks or warrants or initiating electronic funds transfers 293.171
State agency overdrafts 293.180
Agency petty cash fund 293.190
Reversion of appropriations to General Fund 293.195
Retention of appropriation balances 293.205
Definitions for ORS 293.205 to 293.225 293.210
Transfer and retransfer of money and credit among state funds 293.212
Transfers to funds of Department of Transportation with insufficient moneys 293.214
Lines of credit for state agency 293.215
Evidencing transfers and retransfers 293.220
Interest on transferred moneys or credits 293.225
Construction of ORS 293.205 to 293.220 293.226
Use of Social Security numbers for state agency debt collection activities 293.227
Definitions for ORS 293.227 to 293.233 293.229
Liquidated and delinquent accounts of state agency 293.231
Collection of liquidated and delinquent accounts by Department of Revenue or private collection agency 293.233
Exemption of accounts from assignment to Department of Revenue or private collection agency 293.234
Report by Oregon Department of Administrative Services on certain uncollected debt 293.235
“State agency” defined for ORS 293.240 and 293.245 293.240
Writing off uncollectible debts due state agency 293.245
Subsequent collection of debt written off under ORS 293.240 293.250
Collections Unit 293.252
Duties of Oregon Department of Administrative Services relating to state agency debt collection 293.254
Requirement that state agency make reasonable efforts to collect debts owed to agency 293.256
Charges for expenses of Oregon Department of Administrative Services 293.258
Delinquent Accounts Administration Fund 293.260
Collection of moneys and property due to state 293.262
Requiring information regarding accounts 293.265
Disposition of collected moneys 293.270
Record of moneys deposited under ORS 293.265 293.275
Disbursement of moneys 293.280
Application of ORS 293.265 to 293.275 293.285
Transfers between funds, accounts or appropriations authorized for certain interagency and intergovernmental payments 293.293
Funds held in trust by court 293.295
When claim against moneys in State Treasury may be paid 293.300
No claim to be paid if disapproved by department 293.306
Forms and procedures for claims, warrants, checks and orders 293.311
Requiring information regarding claims 293.316
Appeal of disputed claim 293.321
Limitation on time of presentment of claims 293.326
When claim allowed against state as setoff 293.330
Designation of officer by state agency to approve disbursements 293.335
Designation of individual by legislative committee to approve disbursements 293.341
References to voucher claims as references to disbursements 293.346
Drawing warrants 293.348
Charging and billing state agencies for expense of drawing and processing warrants 293.353
Payment for expense of processing banking-related transactions 293.370
Use of facsimile signatures by department and state agencies 293.375
Use of facsimile signatures by state officers and employees 293.406
Payment by State Treasurer 293.445
Definition for ORS 293.445 to 293.460 293.447
Establishment of accounts for purposes other than those in ORS 293.445 authorized 293.450
Report of checks outstanding more than two years 293.455
Refusal of payment of unpresented checks 293.460
Recourse of owners of unpaid checks 293.462
Payment of overdue account charges 293.465
Definitions for ORS 293.465 to 293.485 293.470
Payment on lost, stolen or destroyed instruments 293.475
Issuance of duplicate instrument 293.480
Adoption of uniform procedure for issuing duplicate instruments 293.485
Effect of wrongful payment 293.490
Payment upon death of person entitled to money from state if estate not in probate 293.495
Procedure for payment 293.500
Probate proceedings unnecessary 293.505
Secretary of State as Auditor of Public Accounts 293.510
Presentment of claims to Secretary of State not required 293.515
Withholding salary of state official or employee failing to settle accounts or correct delinquencies or errors in audit reports 293.525
Payments to and by state agencies by electronic funds transfers 293.537
Tobacco Settlement Funds Account 293.540
Health Care Trust Fund 293.550
Receipt and disposition generally of federal aid moneys 293.555
Receipt and disposition of moneys received from federal government in lieu of ad valorem property taxes 293.560
Apportionment among counties of moneys received from federal government from forest reserves 293.565
Apportionment among counties of moneys received from federal government under Mineral Lands Leasing Act 293.570
Apportionment among counties of moneys received from federal government under federal Flood Control Act 293.575
Distribution of funds received under the Taylor Grazing Act 293.590
Department to supervise state agency accounting 293.595
Supervision of data processing equipment for accounting system 293.600
Financial and statistical reports by state agencies 293.605
Fiscal year 293.611
Accounts and records of Secretary of State as Auditor of Public Accounts 293.616
Accounts and records of State Treasurer 293.620
Monthly account of and payment by custodians of state property 293.625
Statements to be rendered to Secretary of State 293.630
Date for closing accounts by persons who must make annual accounts 293.640
Period covered by biennial reports 293.660
Determining date of filing or receipt of reports, claims, tax returns or remittances 293.665
Calculation of savings resulting from penalty reductions for certain offenses 293.701
Definitions for ORS 293.701 to 293.857 293.706
Oregon Investment Council 293.708
Conflicts of interest for council members 293.711
Compensation and expenses of council members 293.712
Continuing education requirements for members of council 293.713
When compensation of council member as director of business prohibited 293.714
Council meetings 293.716
State Treasurer is investment officer for council 293.718
Payment of expenses of State Treasurer 293.721
General objective of investments 293.723
Discrete investment of moneys 293.726
Standard of judgment and care in investments 293.728
Oregon Short Term Fund 293.731
Council to formulate and review investment policies 293.733
Venture capital investments 293.734
Report on venture capital investments 293.736
Duties of investment officer 293.741
Council may contract with others to perform investment officer functions 293.746
Opinion of bond attorney or Attorney General 293.751
Custody of title instruments 293.756
Separate accounting for funds 293.761
Duty of investment officer to provide information for financial reporting 293.766
Monthly reports by investment officer to council 293.771
Reports by council to Governor and legislature 293.776
Examination and audit of investment program 293.778
Investment holding companies 293.780
Group annuity contracts with insurers on behalf of Public Employees Retirement System and Board 293.790
Holding, investing and disposing of corporate stock 293.793
Purchase or acquisition of state government bonds 293.796
Findings regarding venture capital for new businesses 293.811
Short title 293.812
Definitions for ORS 293.811 to 293.832 293.813
Findings 293.819
Investment in scrutinized companies 293.825
Policy for engagement with investment managers with investments in scrutinized companies 293.828
Notice on State Treasurer’s website 293.832
Applicability of ORS 293.825 and 293.828 293.837
Definitions for ORS 293.837 to 293.847 293.839
Investment in scrutinized companies 293.841
Policy for engagement with investment managers with investments in scrutinized companies 293.843
Notice on State Treasurer’s website 293.847
Applicability of ORS 293.841 and 293.843 293.857
Separate accounts for each local government 293.861
Investment pools authorized 293.863
Investment pool procedures 293.875
State Treasurer as state banking and cash management officer 293.880
Accounts and funds established to comply with federal legislation relating to state and federal cash management reform 293.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 293.726’s source at oregon​.gov