Oregon Statutes 130.022 – UTC 108. Principal place of administration
(1) Terms of a trust designating the principal place of administration are valid and controlling if:
Terms Used In Oregon Statutes 130.022
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trustee: A person or institution holding and administering property in trust.
(a) A trustee‘s principal place of business is located in the designated state, country or other jurisdiction, or the trustee is a resident of the designated state, country or other jurisdiction;
(b) All or part of the administration occurs in the designated state, country or other jurisdiction; or
(c) Other means exist for establishing a sufficient connection with the designated state, country or other jurisdiction.
(2) A trustee is under a continuing duty to administer the trust at a place appropriate to the trust’s purposes, the trust’s administration and the interests of the beneficiaries. Absent a substantial change of circumstances, the trustee may assume that the original place of administration is also the appropriate place of administration. The duty to administer the trust at an appropriate place may prevent a trustee from moving the place of administration.
(3)(a) A trustee may transfer the trust’s principal place of administration to another state, country or other jurisdiction if the transfer is in furtherance of the duty imposed by subsection (2) of this section.
(b) A trustee shall notify qualified beneficiaries of the trust of a proposed transfer of the trust’s principal place of administration not fewer than 60 days before initiating the transfer. The notice of proposed transfer must include all of the following:
(A) The name of the state, country or other jurisdiction to which the principal place of administration is to be transferred.
(B) The address and telephone number at the new location at which the trustee can be contacted.
(C) An explanation of the reasons for the proposed transfer.
(D) The date on which the proposed transfer is anticipated to occur.
(E) The date by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer. The date for notifying a trustee of an objection may not be fewer than 60 days after the date on which the notice is given.
(c) The authority of a trustee under this subsection to transfer a trust’s principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.
(d) The trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to ORS § 130.615 in connection with a transfer of the trust’s principal place of administration. [2005 c.348 § 8]