ORS 98.308
Intangible property held by financial institution


(1)

Any demand, savings or matured time deposit with a financial institution, including a deposit that is automatically renewable, and any funds paid toward the purchase of a share, mutual investment certificate or any other interest in a financial institution is presumed abandoned unless the owner, within three years, has done one or more of the following:

(a)

In the case of a deposit, increased or decreased its amount or presented the passbook or other similar evidence of the deposit for the crediting of interest.

(b)

Communicated electronically or in writing with the financial institution concerning the property.

(c)

Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file with the financial institution.

(d)

Owned other property to which paragraph (a), (b) or (c) of this subsection applies, and the financial institution has communicated electronically or in writing with the owner with regard to the property that would otherwise be presumed abandoned under this subsection at the address to which communications regarding the other property regularly are sent.

(e)

Had another relationship with the financial institution concerning which the owner has:

(A)

Communicated electronically or in writing with the financial institution; or

(B)

Otherwise indicated an interest as evidenced by a memorandum or other record on file with the financial institution, and the financial institution has communicated electronically or in writing with the owner with regard to the property that would otherwise be abandoned under this subsection at the address to which communications regarding the other relationship regularly are sent.

(2)

With respect to property described in subsection (1) of this section, a holder may not impose any charge or cease payment of interest due to dormancy or inactivity unless:

(a)

There is a written contractual agreement between the holder and the owner of the account clearly and prominently setting forth the conditions under which a service charge may be imposed or the payment of interest terminated;

(b)

The establishment of a service charge, the change of an existing service charge or the change of a policy pertaining to the payment of interest is uniformly applied to all dormant or inactive accounts;

(c)

The holder gives written notice to the owner at the owner’s last-known address whenever an account becomes dormant or inactive; and

(d)

Three months’ written notice is given by first class mail to the last-known address of the owner of a dormant or inactive account before the holder applies a service charge to that account or stops paying interest on that account.

(3)

A signature card is not a written contractual agreement for the purposes of subsection (2)(a) of this section. However, a signature card and a written contractual agreement may be contained in one instrument.

(4)

Property described in subsection (1) of this section that is automatically renewable is matured for purposes of subsection (1) of this section upon the expiration of its initial time period. However, if the owner consents to a renewal at or about the time of renewal, the property is matured upon the expiration of the last time period for which consent was given. The owner shall be deemed to have consented to a renewal if:

(a)

The owner communicates electronically or in writing with the financial institution or otherwise indicates consent as evidenced by a memorandum or other record on file with the institution; or

(b)

The financial institution has sent an account statement or other written or electronic statement pertaining to the account by first class mail or by electronic mail and the statement has not been returned to the financial institution and the financial institution has not been notified that the statement was undeliverable as addressed.

(5)

If the delivery of funds or property required by ORS 98.352 (Report of abandoned property) would result in a penalty or forfeiture in the payment of interest from the delivery of the funds or property, the delivery may be delayed until the time when no penalty or forfeiture would result.

(6)

Except for those instruments subject to ORS 98.309 (Traveler’s check or money order presumed abandoned), any sum payable on a check, draft or similar instrument, on which a financial institution is directly liable, including a cashier’s check and a certified check, which has been outstanding for more than three years after it was payable or after its issuance if payable on demand, is presumed abandoned, unless the owner, within three years, has communicated electronically or in writing with the financial institution concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file with the institution.

(7)

A holder may not deduct from the amount of any instrument subject to subsection (6) of this section any charge imposed by reason of the failure to present the instrument for payment unless:

(a)

There is a valid and enforceable written contract between the holder and the owner of the instrument pursuant to which the holder may impose a charge;

(b)

The holder regularly imposes such charges; and

(c)

The holder does not regularly reverse or otherwise cancel the charges.

(8)

For purposes of subsection (1) of this section, “property” includes interest and dividends. [1983 c.716 §§30,31; 1993 c.694 §2; 1997 c.631 §397; 2003 c.272 §2; 2007 c.539 §1; 2021 c.196 §1]

Source: Section 98.308 — Intangible property held by financial institution, https://www.­oregonlegislature.­gov/bills_laws/ors/ors098.­html.

98.005
Rights and duties of finder of money or goods
98.015
Liability of noncomplying finder
98.025
Rights of owner
98.045
Applicability to unclaimed prepaid transportation cards
98.050
Finder’s reports
98.110
Record to be kept by consignee or bailee of property
98.120
Notice to owner of receipt of property by consignee or bailee
98.130
Right of custodian to sell property
98.140
Notice of sale
98.150
Affidavit by custodian when no response to notice
98.160
Inventory and order to sell
98.170
Sale
98.180
Delivery of proceeds to justice
98.190
Disposal of proceeds by justice
98.200
Procedure by county treasurer
98.210
Payment to person proving ownership
98.230
Sale of perishable property
98.240
Fees allowed to justice of peace and constable or sheriff
98.245
Disposition of unclaimed property
98.302
Definitions for ORS 98.302 to 98.436
98.304
Intangible property subject to custody of state
98.308
Intangible property held by financial institution
98.309
Traveler’s check or money order presumed abandoned
98.311
Service charge on unclaimed property
98.314
Unclaimed funds held by insurance companies
98.316
Deposits and refunds held by utilities
98.319
U.S. savings bonds presumed abandoned
98.322
Intangible equity ownership interests in business associations
98.326
Property of business associations or financial institutions held in the course of dissolution
98.328
Property held in safe deposit box
98.329
Delivery of property before presumed abandoned
98.332
Property held by fiduciaries
98.334
Unpaid wages unclaimed by owner
98.336
Property held by government and public authorities
98.338
Credit memo unclaimed by owner
98.342
Miscellaneous personal property held for another person
98.346
Reciprocity for property presumed abandoned or escheated under the laws of another state
98.348
Recovery of abandoned property by another state
98.352
Report of abandoned property
98.353
Information on filing report
98.354
Records of ownership or issuance of instruments to be maintained
98.356
Notice and publication of lists of unclaimed property
98.362
Delivery of certificate of ownership of intangible equity ownership interest
98.366
Relief from liability by payment or delivery
98.372
Income accruing after payment or delivery
98.376
Periods of limitation not a bar
98.379
Retention of abandoned military medals
98.382
Sale of abandoned and unclaimed property
98.384
Destruction or disposition of unclaimed property
98.386
Deposit of funds
98.389
Unclaimed Property and Estates Fund
98.392
Claiming unclaimed property
98.396
Determination of claim
98.402
Hearing on claim
98.412
Verified report
98.416
Proceeding to compel delivery of unclaimed property
98.422
Rules
98.424
Agreements with other states
98.432
Uniformity of interpretation
98.436
Short title
98.450
Unordered goods presumed gifts
98.470
Definitions for ORS 98.470 to 98.490
98.475
Molder may take title to unclaimed mold
98.480
Notice to customer
98.485
Duty to make mold unusable when title not taken
98.490
Effect of written agreement between molder and customer
98.515
Unauthorized appropriation of shopping carts
98.520
Notice of crime of unauthorized appropriation of shopping carts
98.640
Owner’s duty to remove trees, logs, poles or piling deposited on state highways
98.642
Effect of failure to remove trees, logs, poles or piling
98.644
ORS 98.640 and 98.642 inapplicable to certain trees, logs, poles or piling
98.650
Owner’s duty to remove trees, logs, poles or piling deposited on county roads
98.652
Effect of failure to remove trees, logs, poles or piling
98.654
ORS 98.650 and 98.652 inapplicable to certain trees, logs, poles or piling and to certain county roads
98.805
Definitions for ORS 98.810 to 98.818, 98.830 and 98.840
98.810
Unauthorized parking of vehicle on proscribed property prohibited
98.811
Notice of parking violation
98.812
Towing of unlawfully parked vehicle
98.818
Preference of lien
98.820
Towing vehicle from fuel dispensary premises
98.830
Towing abandoned vehicle from private property
98.840
Towing vehicle alternative to procedure in ORS 98.810 to 98.818
98.850
Legislative findings and declaration
98.852
Definitions for ORS 98.853 to 98.862
98.853
Conditions allowing towing
98.854
Prohibitions placed on tower
98.856
Tower responsibility of disclosure to owner or operator of vehicle
98.857
Recovery of stolen vehicle
98.858
Right of owner or person in lawful possession of vehicle to redeem or inspect vehicle, contact tower and obtain property of emergency nature
98.859
Maximum rates for towing
98.860
Conditions for release of vehicle to insurance company undertaking to adjust claim
98.861
Licenses for towing
98.862
Exceptions to requirements of ORS 98.856
98.991
Penalties relating to unclaimed property
98.992
Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436
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