ORS 709.330
Sale or transfer of assets or liabilities

  • effect on fiduciary relations

(1)

When a sale or transfer of assets or liabilities becomes effective, the purchasing corporation succeeds to all the rights, obligations and relations of the selling corporation to or in respect to any person, estate, creditor, depositor, trustee or beneficiary of any trust and in respect to any fiduciary relation, and the rights, obligations and relations remain unencumbered.

(2)

The sale or transfer of assets or liabilities does not effect a renunciation or revocation of any letters of administration, letters testamentary, letters of guardianship or any other fiduciary relationship.

(3)

If any trust, estate, conservatorship or other fiduciary relationship of the selling corporation requires a court to approve a change of the fiduciary, within 90 days after the change becomes effective the successor fiduciary shall file notice of the change with the court that has jurisdiction and serve notice of the change upon each beneficiary. The successor fiduciary may serve the notice in the manner provided in ORCP 9 or, if the residence of a beneficiary is not known, the successor fiduciary may publish the notice in the manner provided for the publication of summons.

(4)

A beneficiary or other person that is interested in the trust, estate, conservatorship or other fiduciary relationship may, within 90 days after the service of the notice described in subsection (3) of this section, apply to the appropriate court for a change of fiduciary or such other relief as may be proper. [Amended by 1973 c.797 §206; 1979 c.284 §195; 1997 c.631 §219a; 2015 c.244 §78]

Source: Section 709.330 — Sale or transfer of assets or liabilities; effect on fiduciary relations, https://www.­oregonlegislature.­gov/bills_laws/ors/ors709.­html.

709.005
Certificate of authority to transact trust business 709.015
Organization as limited liability company 709.030
Approval to transact trust business 709.040
Securities eligible for deposit 709.050
Trust companies depositing securities guaranteed by mortgage insurance and mortgage participation certificates 709.060
Primary liability of deposit 709.070
Right of action against deposit 709.080
Charges for handling securities 709.110
Deposit of documents with notes or bonds 709.120
Substitution of deposit securities 709.130
Indemnity bond when cash and securities of fiduciary account exceed stockholders’ equity or members’ equity in trust company 709.140
Return of deposit 709.145
Investment of capital 709.150
General powers of trust companies 709.160
Solicitation and performance of legal business 709.170
Establishment of and investment in common trust funds 709.175
Limitation on investment of trust funds 709.190
Trust department kept separate 709.200
Acquisition or investment of trust property in own name or name of nominee 709.210
Disclosure of fiduciary character or terms of trust instrument 709.220
Handling of funds awaiting investment or distribution 709.240
Oath and bond exemption for trust company appointed as fiduciary 709.270
Disclosure of communications and writings 709.280
Loans to directors, officers, employees or affiliates 709.290
Closing of trust unduly delayed 709.300
Transaction of trust business by national bank 709.330
Sale or transfer of assets or liabilities 709.335
Digital signatures 709.340
Trust company quitting business 709.350
Successor trustee upon liquidation or receivership 709.390
Discontinuance of trust business 709.400
Order to start court action 709.410
Termination of right to do trust business 709.420
Actions or suits on claims 709.430
Release or payment of deposit pending suit 709.440
Director’s charges as prior lien on deposit 709.450
Sale and disposition of securities to pay expenses, costs and claims 709.460
Application of ORS 709.390 to 709.450 to merger or consolidation 709.520
Conversion to out-of-state trust company 709.525
Merger or acquisition 709.530
Applicability of ORS 711.190, 711.197 and 711.199 to merging or converting trust company 709.535
Sale of assets or transfer of liabilities 709.540
Rights of stockholder of trust company party to merger, share exchange or acquisition 709.600
Regulation of trust business by corporations formed prior to adoption of Bank Act 709.980
Civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 709.330’s source at oregon​.gov