Oregon Statutes 128.100 – Authority of fiduciary to deposit securities in clearing corporation
(1) Notwithstanding any other provision of law, any fiduciary holding securities in a fiduciary capacity, any financial institution or trust company holding securities as a custodian or managing agent, and any financial institution or trust company holding securities as custodian for a fiduciary is authorized to deposit or arrange for the deposit of the securities in a clearing corporation as defined in ORS § 78.1020. When the securities are deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of the clearing corporation with any other securities of the same class deposited in the clearing corporation by any person regardless of the ownership of the securities, and certificates of small denomination may be merged into one or more certificates of larger denomination. The records of the fiduciary and the records of the financial institution or trust company acting as custodian, as managing agent or as custodian for a fiduciary shall at all times show the name of the party for whose account the securities are deposited. Ownership of, and other interests in, the securities may be transferred by bookkeeping entry on the books of the clearing corporation without physical delivery of certificates representing the securities. A financial institution or trust company depositing securities pursuant to this section shall be subject to the rules and regulations as, in the case of state-chartered institutions, the Department of Consumer and Business Services and, in the case of national banking associations, the Comptroller of the Currency may from time to time issue. A financial institution or a trust company acting as custodian for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary the securities deposited by the financial institution or trust company in the clearing corporation for the account of the fiduciary. A fiduciary shall, on demand by any party to a judicial proceeding for the settlement of the fiduciary’s account or on demand by the attorney for the party, certify in writing to the party the securities deposited by the fiduciary in the clearing corporation for its account as the fiduciary.
Terms Used In Oregon Statutes 128.100
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiduciary: A trustee, executor, or administrator.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(2) This section shall apply to any fiduciary holding securities in a fiduciary capacity, and to any financial institution or trust company holding securities as a custodian, managing agent or custodian for a fiduciary, acting on October 5, 1973, or who thereafter may act regardless of the date of the agreement, instrument or court order by which it is appointed and regardless of whether or not the fiduciary, custodian, managing agent or custodian for a fiduciary owns capital stock of the clearing corporation. [1973 c.365 1,2; 1985 c.676 § 59; 1985 c.762 § 177; 1997 c.631 § 414]
[1993 c.226 § 5; 1997 c.659 § 1; repealed by 2005 c.348 § 128]
[Amended by 1979 c.284 § 108; repealed by 1981 c.66 § 8]
[1981 c.66 § 1; repealed by 2005 c.348 § 128]
[Repealed by 1981 c.66 § 8]
[1981 c.66 § 2; repealed by 2005 c.348 § 128]
[Amended by 1979 c. 284 § 109; repealed by 1981 c.66 § 8]
[1981 c.66 § 3; 1993 c.222 § 6; 2003 c.279 § 33a; repealed by 2005 c.348 § 128]
[Repealed by 1981 c.66 § 8]
[1981 c.66 § 4; repealed by 2005 c.348 § 128]
[Repealed by 1981 c.66 § 8]
[1981 c.66 § 5; 1991 c.331 § 42; 1997 c.631 § 415; repealed by 2005 c.348 § 128]
[Repealed by 1981 c.66 § 8]
[1981 c.66 § 6; repealed by 2005 c.348 § 128]
[Repealed by 1981 c.66 § 8]
[1981 c.66 § 7; repealed by 2005 c.348 § 128]
[1993 c.222 § 2; repealed by 2005 c.348 § 128]
[1993 c.222 § 3; repealed by 2005 c.348 § 128]
[Repealed by 1981 c.66 § 8]
[1993 c.222 § 4; repealed by 2005 c.348 § 128]
[1993 c.222 § 5; repealed by 2005 c.348 § 128]
[1993 c.222 § 7; repealed by 2005 c.348 § 128]
[Repealed by 1981 c.66 § 8]
[1995 c.157 § 1; repealed by 2005 c.348 § 128]
[1995 c.157 § 2; repealed by 2005 c.348 § 128]
[1995 c.157 § 3; repealed by 2005 c.348 § 128]
[1995 c.157 § 4; repealed by 2005 c.348 § 128]
[Repealed by 1981 c.66 § 8]
[1995 c.157 § 5; repealed by 2005 c.348 § 128]
[1995 c.157 6,7; repealed by 2005 c.348 § 128]
[1995 c.157 § 8; repealed by 2005 c.348 § 128]
[1995 c.157 § 9; repealed by 2005 c.348 § 128]
[Repealed by 1981 c.66 § 8]
[1995 c.157 § 10; repealed by 2005 c.348 § 128]
[1995 c.157 § 11; repealed by 2005 c.348 § 128]
[1995 c.157 12,14; repealed by 2005 c.348 § 128]
[1995 c.157 § 13; repealed by 2005 c.348 § 128]
[Repealed by 1981 c.66 § 8]
[Repealed by 1981 c.66 § 8]
[1995 c.679 § 1; repealed by 2005 c.348 § 128]
[1995 c.679 § 2; repealed by 2005 c.348 § 128]
[1995 c.679 § 3; repealed by 2005 c.348 § 128]
[1995 c.679 § 4; repealed by 2005 c.348 § 128]
[Repealed by 1981 c.66 § 8]
[1995 c.679 § 5; repealed by 2005 c.348 § 128]
[1995 c.679 § 6; repealed by 2005 c.348 § 128]
[1995 c.679 § 7; repealed by 2005 c.348 § 128]
[Amended by 1979 c.284 § 110; repealed by 1981 c.66 § 8]
[1997 c.151 § 4; repealed by 2005 c.348 § 128]
[2001 c.593 § 1; 2005 c.348 § 99; renumbered 130.350 in 2005]
[2001 c.593 § 1a; 2005 c.348 § 100; renumbered 130.355 in 2005]
[Amended by 1979 c.284 § 111; repealed by 1981 c.66 § 8]
[2001 c.593 § 2; renumbered 130.360 in 2005]
[2001 c.593 § 3; 2005 c.348 § 101; renumbered 130.365 in 2005]
[2001 c.593 § 4; 2003 c.14 § 45; 2005 c.348 § 102; renumbered 130.370 in 2005]
[2001 c.593 § 5; renumbered 130.375 in 2005]
[Repealed by 1981 c.66 § 8]
[2001 c.593 § 6; 2005 c.348 § 103; renumbered 130.380 in 2005]
[2001 c.593 § 7; renumbered 130.385 in 2005]
[2001 c.593 § 7a; renumbered 130.390 in 2005]
[2001 c.593 § 8; renumbered 130.395 in 2005]
[2001 c.593 § 9; 2005 c.348 § 121; renumbered 130.400 in 2005]
[2001 c.593 § 9a; renumbered 130.405 in 2005]
[2001 c.593 § 9b; renumbered 130.410 in 2005]
[2001 c.593 § 9c; renumbered 130.415 in 2005]
[2001 c.593 § 9d; 2005 c.348 § 104; renumbered 130.420 in 2005]
[2001 c.593 § 10; 2005 c.348 § 105; renumbered 130.425 in 2005]
[2001 c.593 § 11; renumbered 130.430 in 2005]
[2001 c.593 § 12; 2005 c.348 § 106; renumbered 130.435 in 2005]
[2001 c.593 § 13; renumbered 130.440 in 2005]
[2001 c.593 § 14; renumbered 130.445 in 2005]
[2001 c.593 § 15; 2005 c.348 § 107; renumbered 130.450 in 2005]
UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT