ORS 78.1070
Whether indorsement, instruction or entitlement order is effective

(1)

“Appropriate person” means:

(a)

With respect to an indorsement, the person specified by a security certificate or by an effective special indorsement to be entitled to the security;

(b)

With respect to an instruction, the registered owner of an uncertificated security;

(c)

With respect to an entitlement order, the entitlement holder;

(d)

If the person designated in paragraph (a), (b) or (c) of this subsection is deceased, the designated person’s successor taking under other law, or the designated person’s personal representative acting for the estate of the decedent; or

(e)

If the person designated in paragraph (a), (b) or (c) of this subsection lacks capacity, the designated person’s guardian, conservator or other similar representative who has power under other law to transfer the security or financial asset.

(2)

An indorsement, instruction or entitlement order is effective if:

(a)

It is made by the appropriate person;

(b)

It is made by a person who has power under the law of agency to transfer the security or financial asset on behalf of the appropriate person, including, in the case of an instruction or entitlement order, a person who has control under ORS 78.1060 (Control) (3)(b) or (4)(b); or

(c)

The appropriate person has ratified it or is otherwise precluded from asserting its ineffectiveness.

(3)

An indorsement, instruction or entitlement order made by a representative is effective even if:

(a)

The representative has failed to comply with a controlling instrument or with the law of the state having jurisdiction of the representative relationship, including any law requiring the representative to obtain court approval of the transaction; or

(b)

The representative’s action in making the indorsement, instruction or entitlement order or using the proceeds of the transaction is otherwise a breach of duty.

(4)

If a security is registered in the name of or specially indorsed to a person described as a representative, or if a securities account is maintained in the name of a person described as a representative, an indorsement, instruction or entitlement order made by the person is effective even though the person is no longer serving in the described capacity.

(5)

Effectiveness of an indorsement, instruction or entitlement order is determined as of the date the indorsement, instruction or entitlement order is made, and an indorsement, instruction or entitlement order does not become ineffective by reason of any later change of circumstances. [1985 c.676 §78.1070 (Whether indorsement, instruction or entitlement order is effective); 1995 c.328 §7]

Source: Section 78.1070 — Whether indorsement, instruction or entitlement order is effective, https://www.­oregonlegislature.­gov/bills_laws/ors/ors078.­html.

78.1010
Short title 78.1020
Definitions and index of definitions 78.1030
Rules for determining whether certain obligations and interests are securities or financial assets 78.1040
Acquisition of security or financial asset or interest therein 78.1050
Notice of adverse claim 78.1060
Control 78.1070
Whether indorsement, instruction or entitlement order is effective 78.1080
Warranties in direct holding 78.1090
Warranties in indirect holding 78.1100
Applicability 78.1110
Clearing corporation rules 78.1120
Creditor’s legal process 78.1130
Statute of frauds inapplicable 78.1140
Evidentiary rules concerning certificated securities 78.1150
Securities intermediary and others not liable to adverse claimant 78.1160
Securities intermediary as purchaser for value 78.2010
“Issuer.” 78.2020
Terms of security 78.2030
Staleness as notice of defects or defenses 78.2040
Effect of issuer’s restriction on transfer 78.2050
Effect of unauthorized signature on security certificate 78.2060
Completion or alteration of security certificate 78.2070
Rights of issuer with respect to registered owners 78.2080
Effect of signature of authenticating trustee, registrar or transfer agent 78.2090
Issuer’s lien 78.2100
Overissue 78.3010
Delivery 78.3020
Rights of purchaser 78.3030
“Protected purchaser.” 78.3040
Indorsement 78.3050
Instruction 78.3060
Effect of guaranteeing signature, indorsement or instruction 78.3070
Purchaser’s rights to requisites for registration of transfer 78.4010
Duty of issuer to register transfer 78.4020
Assurance that indorsement or instruction is effective 78.4030
Demand that issuer not register transfer 78.4040
Wrongful registration 78.4050
Replacement of lost, destroyed or wrongfully taken security certificate 78.4060
Obligation to notify issuer of lost, destroyed or wrongfully taken security certificate 78.4070
Authenticating trustee, transfer agent and registrar 78.5010
Securities account 78.5020
Assertion of adverse claim against entitlement holder 78.5030
Property interest of entitlement holder in financial asset held by securities intermediary 78.5040
Duty of securities intermediary to maintain financial asset 78.5050
Duty of securities intermediary with respect to payments and distributions 78.5060
Duty of securities intermediary to exercise rights as directed by entitlement holder 78.5070
Duty of securities intermediary to comply with entitlement order 78.5080
Duty of securities intermediary to change entitlement holder’s position to other form of security holding 78.5090
Specification of duties of securities intermediary by other statute or regulation 78.5100
Rights of purchaser of security entitlement from entitlement holder 78.5110
Priority among security interests and entitlement holders
Green check means up to date. Up to date

Current through early 2024

§ 78.1070’s source at oregon​.gov