Cooperatives

ORS 62.720
Presumption of abandonment

  • procedure for agriculture cooperatives and others


(1)

All intangible personal property distributable in the course of a voluntary or involuntary dissolution of a cooperative that is unclaimed by the owner within two years after the date for final distribution is presumed abandoned. Such property shall be subject to the provisions of ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) and 98.992 (Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436), except that with respect to agricultural cooperatives, the report of unclaimed property shall be filed with the Department of State Lands as set forth in ORS 98.352 (Report of abandoned property). A copy of the report shall also be filed with Oregon State University.

(2)

All unclaimed property specified in the report required by ORS 98.352 (Report of abandoned property) shall be delivered within the time specified in ORS 98.362 (Delivery of certificate of ownership of intangible equity ownership interest) to the Department of State Lands which shall assume custody and shall be responsible for the safekeeping thereof. The department shall reconcile the report to the delivered funds, deduct the costs as provided for in subsection (3) of this section, and forward the funds to Oregon State University within 14 working days of receipt of the funds. Any person who pays or delivers unclaimed property to the Department of State Lands under this section is relieved of all liability to the extent of the value of the property so paid or delivered for any claim which then exists or which thereafter may arise or be made in respect to the property.

(3)

All funds received under this section shall be used in such programs related to agricultural research as the university may determine except for:

(a)

The payment of claims which may be made pursuant to this section; and

(b)

The payment of expenses of mailing and publication in connection with any unclaimed property, reasonable service charges and expenses of the Department of State Lands in connection with claims made pursuant to ORS 98.392 (Claim for unclaimed property reported to Department of State Lands) to 98.402 (Hearing on claim).

(4)

The provisions of ORS 98.392 (Claim for unclaimed property reported to Department of State Lands) to 98.402 (Hearing on claim) are applicable to claims against unclaimed property delivered to Oregon State University pursuant to this section. Oregon State University shall pay such claims from funds delivered to it pursuant to this section within 30 days of receipt of a verified copy of a finding and decision of the Department of State Lands made pursuant to ORS 98.396 (Determination of claim) or a certified copy of a judgment made pursuant to ORS 98.402 (Hearing on claim).

(5)

As used in this section, an agricultural cooperative is any cooperative in which farmers act together in producing, processing, preparing for market, handling or marketing the agricultural products of such farmers, and any cooperative in which farmers act together in purchasing, testing, grading, processing, distributing and furnishing farm supplies or farm business services.

(6)

The provisions of this section are applicable with respect to the voluntary or involuntary dissolution of any cooperative, which dissolution commenced on or after January 1, 1970. [1974 c.2 §§1,2,3; 1985 c.565 §7; 1987 c.94 §127; 1993 c.694 §35; 1995 c.79 §16; 2015 c.767 §47]
Note: The amendments to 62.720 (Presumption of abandonment) by section 48, chapter 678, Oregon Laws 2019, become operative July 1, 2021. See section 85, chapter 678, Oregon Laws 2019. The text that is operative on and after July 1, 2021, is set forth for the user’s convenience.
62.720 (Presumption of abandonment). (1) All intangible property distributable in the course of a voluntary or involuntary dissolution of a cooperative that is unclaimed by the owner within two years after the date for final distribution is presumed abandoned. Such property is subject to the provisions of ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) and 98.992 (Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436), except that with respect to agricultural cooperatives, a copy of the report of unclaimed property filed with the State Treasurer under ORS 98.352 (Report of abandoned property) shall also be filed with Oregon State University.

(2)

All unclaimed property specified in the report required by ORS 98.352 (Report of abandoned property) shall be paid or delivered to the State Treasurer. Any person that pays or delivers unclaimed property to the State Treasurer under this section is relieved of all liability to the extent of the value of the property paid or delivered for any claim made in respect to the property.

(3)

The State Treasurer shall reconcile the report to the delivered funds, deduct the costs as provided for in subsection (4) of this section and forward the balance of the funds to Oregon State University within 14 working days of receipt of the funds.

(4)

All funds received by Oregon State University under subsection (3) of this section shall be used in such programs related to agricultural research as the university may determine except for:

(a)

The payment of claims that may be made pursuant to this section;

(b)

The payment of expenses of mailing and publication in connection with any unclaimed property;

(c)

Reasonable service charges; and

(d)

Expenses of the State Treasurer in connection with claims made pursuant to ORS 98.392 (Claim for unclaimed property reported to Department of State Lands) to 98.402 (Hearing on claim).

(5)

The provisions of ORS 98.392 (Claim for unclaimed property reported to Department of State Lands), 98.396 (Determination of claim) and 98.402 (Hearing on claim) are applicable to claims against unclaimed property delivered to Oregon State University pursuant to this section. Oregon State University shall pay such claims from funds delivered to it pursuant to this section within 30 days of receipt of a verified copy of a finding and decision of the State Treasurer made pursuant to ORS 98.396 (Determination of claim) or a certified copy of a judgment made pursuant to ORS 98.402 (Hearing on claim).

(6)

As used in this section, “agricultural cooperative” means any cooperative in which farmers act together in producing, processing, preparing for market, handling or marketing the agricultural products of such farmers, and any cooperative in which farmers act together in purchasing, testing, grading, processing, distributing and furnishing farm supplies or farm business services.

(7)

The provisions of this section are applicable with respect to the voluntary or involuntary dissolution of any cooperative, if the dissolution was commenced on or after January 1, 1970.
Note: 62.720 (Presumption of abandonment) was enacted into law by the Legislative Assembly, but was not added to or made a part of ORS chapter 62 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Chapter 62

Atty. Gen. Opinions

Homestead as applied to a shareholder-tenant in a cooperative apartment, (1971) Vol 35, p 897


Source

Last accessed
Jun. 26, 2021