Chapter 59 — Chapter 59

ORS 59.555 Form of registration in beneficiary form. Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD,” or by the words “pay on death” or the abbreviation “POD,” after the name of the registered owner and before the name of a beneficiary. [1991 c.306 §5]

0.0K chars

ORS 59.560 Effect of registration in beneficiary form. The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary. [1991 c.306 §6]

0.0K chars

ORS 59.565 Ownership on death of owner. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners. [1991 c.306 §7]

0.0K chars

ORS 59.570 Protection of registering entity. (1) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by ORS 59.535 to 59.585

1.4K chars

ORS 59.575 Nontestamentary transfer on death. (1) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and ORS 59.535 to 59.585, and is not testamentary

0.2K chars

ORS 59.580 Terms, conditions and forms for registration. (1) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for registrations in beneficiary form and for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries and substituting a named beneficiary’s descendants to take in the place of the named beneficiary in the event of the beneficiary’s death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for “lineal descendants per stirpes.” This designation substitutes a deceased beneficiary’s descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary’s domicile at the owner’s death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity’s terms and conditions

0.5K chars

ORS 59.585 Short title; rules of construction. (1) ORS 59.535 to 59.585 shall be known as and may be cited as the Uniform TOD Security Registration Act

0.4K chars

ORS 59.610 [Repealed by 1967 c.537 §36]

0.0K chars

ORS 59.620 [Repealed by 1967 c.537 §36]

0.0K chars

ORS 59.660 [Repealed by 2007 c.661 §28]

0.0K chars

ORS 59.670 [Amended by 1981 c.897 §13; 1995 c.618 §35; repealed by 2007 c.661 §28]

0.0K chars

ORS 59.680 [Amended by 1971 c.200 §5; 1973 c.794 §14; repealed by 2007 c.661 §28]

0.0K chars

ORS 59.690 [Repealed by 2007 c.661 §28]

0.0K chars

ORS 59.700 [Repealed by 2007 c.661 §28]

0.0K chars

ORS 59.710 Definitions for ORS 59.710 to 59.830. As used in ORS 59.710 to 59.830, unless the context indicates otherwise

1.5K chars

ORS 59.720 Application of ORS 59.710 to 59.830 to real estate contracts and brokers. The provisions of ORS 59.710 to 59.830 shall not apply to any contract, agreement, sale, purchase, lease, conveyance or mortgage pertaining to real estate situated in this state, nor to the business of real estate brokers or principal real estate brokers, as defined in ORS 696.010, in so far as such business pertains to real estate located in this state. [Amended by 2001 c.300 §53]

0.0K chars

ORS 59.730 Making contract involving securities without intending a bona fide sale or purchase. No person, whether acting in the person’s own right, or as the officer, agent, servant, correspondent or representative of another, shall, as broker make or offer to make, assist in making or offering to make, perform or take part in any contract respecting the purchase or sale, either upon credit or margin, of any securities or commodities more than once, and in course of continuing or repeated transactions

1.2K chars

ORS 59.740 Conducting bucket shop or repeatedly making forbidden contracts. No person shall as owner, keeper, proprietor or person in charge of, or as officer, director, stockholder, agent, servant, correspondent or representative of any person, keep, conduct or operate any bucket shop, or knowingly permit or induce any person, whether acting in the person’s own right or as officer, agent, servant, correspondent or representative of another, to make, offer to make therein, or assist in making or in offering to make therein, any of the contract specified in ORS 59.730, more than once and in the course of continuing or repeated transactions

0.0K chars

ORS 59.750 Receipt or communication of prices for purpose of forbidden contract. No person shall receive, communicate, exhibit or display in any manner any statement of quotations or prices of securities or commodities with an intent to make or offer to make, or to assist in making, or offering to make any contract prohibited by ORS 59.720 to 59.810

0.0K chars

ORS 59.760 Reporting false sale of securities with intent to deceive. No person shall, with intent to deceive, report or publish, or cause to be reported or published as a purchase or sale of stocks or bonds, any transaction whereby no actual change of ownership or interest is effected

0.0K chars

ORS 59.770 Manipulating market by pretended sales. No person shall inflate, depress or cause fluctuations in, or attempt to inflate, depress or cause fluctuations in, or combine or conspire with any other person to inflate, depress or cause fluctuations in, the market prices of stocks or bonds, or of an issue or any part of an issue of such stocks or bonds, by means of pretended purchases and sales, or by any other fictitious transactions or devices, for or on account of any person, whereby either in whole or in part a simultaneous change of ownership of or interest in such stocks or bonds or of such issue or part of an issue thereof, is not effected. A pretended purchase or sale of any stocks or bonds whereby, in whole or in part, no simultaneous change of ownership or interest therein is effected, is prima facie evidence of the violation of this section by the person taking part in the pretended purchase or sale

0.0K chars

ORS 59.780 Broker’s trading against customer’s order; violation of ORS 59.780 to 59.800 by member of broker’s firm. (1) No broker, employed by a customer to buy and carry upon margin stocks or bonds, while acting as broker for the customer in respect to such stocks or bonds, shall sell for the broker’s own account the same kind or issue of stocks or bonds, with intent to trade against the customer’s order

0.5K chars

ORS 59.790 Insolvent broker-dealer receiving securities from customer. No broker-dealer engaged in the business of purchasing and selling stocks or bonds as a broker-dealer, knowing that the broker-dealer is insolvent, shall accept or receive from a customer ignorant of the insolvency, money, stocks or bonds belonging to the customer, except in liquidation or as security for an existing indebtedness, and thereby cause the customer to lose in whole or in part such money, stocks or bonds. A broker-dealer shall be deemed insolvent within the meaning of this section whenever the aggregate of the property of the broker-dealer is not, at a fair valuation, sufficient in amount to pay the debts of the broker-dealer. [Amended by 1987 c.158 §12]

0.0K chars

ORS 59.800 Pledge or sale by broker-dealer of customer’s securities. No broker-dealer engaged in the business of purchasing and selling stocks or bonds as a broker-dealer shall

1.2K chars

ORS 59.810 Delivery to customer of true statement of purchase or sale made by broker. No person engaged in the business of purchasing or selling stocks or bonds as a broker shall refuse to deliver to each customer on whose behalf a purchase or sale of such securities is made by the person, within five days after written demand therefor made within six months following the purchase or sale, a statement or memorandum of the purchase or sale which is true in all material respects and which contains a description of the securities purchased or sold, the name of the person from whom the securities were purchased or to whom they were sold, and the day and hours between which the transaction took place

0.0K chars

ORS 59.820 Actions against corporation for second violation. (1) If a domestic corporation is convicted of a second offense under ORS 59.730 to 59.810, the circuit court has jurisdiction over an action by the Attorney General, in the name of the people, to dissolve the corporation

0.3K chars

ORS 59.830 Self-incrimination by witness; immunity from prosecution. No person shall be excused from attending and testifying, or producing any book, paper or other document before any court or magistrate, upon any trial, investigation or proceeding initiated by the district attorney, grand jury or court for a violation of any of the provisions of ORS 59.730 to 59.810, upon the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to convict the person of a crime or subject the person to a penalty or forfeiture. However, no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which the person may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against the person in any criminal action, suit or proceeding, investigation, inquisition or inquiry

0.0K chars

ORS 59.840 [1993 c.508 §1; 1995 c.129 §1; 1995 c.622 §13; 1997 c.211 §1; 1997 c.631 §377; 1999 c.36 §1; 2001 c.377 §40; 2001 c.952 §1; 2003 c.364 §47; 2003 c.655 §48; 2009 c.863 §14; renumbered 86A.100 in 2009]

0.0K chars

ORS 59.845 [1993 c.508 §2; 1999 c.36 §2; renumbered 86A.103 in 2009]

0.0K chars

ORS 59.850 [1993 c.508 §3; 1995 c.129 §2; 1997 c.631 §378; 1999 c.36 §3; 2009 c.863 §15; renumbered 86A.106 in 2009]

0.0K chars

ORS 59.855 [1993 c.508 §4; 1995 c.129 §3; 2009 c.863 §16; renumbered 86A.109 in 2009]

0.0K chars

ORS 59.860 [1993 c.508 §5; 2008 c.38 §1; 2009 c.863 §17; renumbered 86A.112 in 2009]

0.0K chars

ORS 59.865 [1993 c.508 §6; 2001 c.952 §10; 2009 c.863 §18; renumbered 86A.115 in 2009]

0.0K chars

ORS 59.870 [1993 c.508 §7; renumbered 86A.118 in 2009]

0.0K chars

ORS 59.875 [1993 c.508 §8; 2009 c.863 §19; renumbered 86A.121 in 2009]

0.0K chars

ORS 59.880 [1993 c.508 §9; 2001 c.952 §11; 2009 c.863 §20; renumbered 86A.124 in 2009]

0.0K chars

ORS 59.885 [1993 c.508 §10; 2007 c.71 §15; renumbered 86A.127 in 2009]

0.0K chars

ORS 59.890 [1993 c.508 §11; 1995 c.696 §12; renumbered 86A.130 in 2009]

0.0K chars

ORS 59.895 [1993 c.508 §12; 2003 c.576 §187; renumbered 86A.133 in 2009]

0.0K chars

ORS 59.900 [1993 c.508 §13; 2001 c.952 §12; 2009 c.863 §21; renumbered 86A.136 in 2009]

0.0K chars

ORS 59.905 [1993 c.508 §14; 2001 c.952 §13; 2009 c.863 §22; renumbered 86A.139 in 2009]

0.0K chars

ORS 59.910 [1993 c.508 §15; 2003 c.576 §322; renumbered 86A.142 in 2009]

0.0K chars

ORS 59.915 [1993 c.508 §16; renumbered 86A.145 in 2009]

0.0K chars

ORS 59.920 [1993 c.508 §17; renumbered 86A.148 in 2009]

0.0K chars

ORS 59.925 [1993 c.508 §18; 1995 c.696 §13; 1999 c.1001 §1; 2005 c.97 §1; 2009 c.863 §23; renumbered 86A.151 in 2009]

0.0K chars

ORS 59.930 [1993 c.508 §19; renumbered 86A.154 in 2009]

0.0K chars

ORS 59.935 [1993 c.508 §20; 1995 c.191 §1; renumbered 86A.157 in 2009]

0.0K chars

ORS 59.940 [1993 c.508 §20a; 1995 c.191 §2; renumbered 86A.160 in 2009]

0.0K chars

ORS 59.945 [1993 c.508 §21; renumbered 86A.163 in 2009]

0.0K chars

ORS 59.950 [1993 c.508 §22; renumbered 86A.166 in 2009]

0.0K chars