ORS 128.575
Filing with Office of Secretary of State required

  • fees
  • amendments

(1)

Any business trust desiring to do business in this state shall first submit to the Office of Secretary of State a copy of the trust instrument creating the trust and any subsequent amendments to the trust and a document setting forth:

(a)

The business trust name and the state or country of formation;

(b)

The names and addresses of the business trust’s trustees;

(c)

The physical street address of the business trust’s registered office in this state, which must be a location at which process may be personally served on the registered agent and that may not be a commercial mail receiving agency, a mail forwarding business or a virtual office, and the name of the registered agent;

(d)

A mailing address to which the Secretary of State may mail notices; and

(e)

Any additional identifying information that the Secretary of State by rule may require.

(2)

The filing described in subsection (1) of this section must be accompanied by the applicable filing fee.

(3)

If the Secretary of State finds that the document contains the required information, the Secretary of State, when all fees have been paid, shall file the trust instrument and document and return an acknowledgment of filing to the sender.

(4)

If a business trust amends a trust instrument, the business trust shall submit for filing a copy of the amendment to the Office of Secretary of State. The amendment must set forth:

(a)

The name of the business trust as shown on the records of the Office of Secretary of State; and

(b)

The information as changed. [1971 c.491 §4; 1973 c.367 §12; 1985 c.351 §21; 1985 c.728 §81a; 1987 c.94 §128; 1995 c.215 §24; 1999 c.486 §18; 2017 c.705 §30]

Source: Section 128.575 — Filing with Office of Secretary of State required; fees; amendments, https://www.­oregonlegislature.­gov/bills_laws/ors/ors128.­html.

Notes of Decisions

Where business trust has not complied with filing requirements of this section, trustees do not qualify for immunity from liability for trust obligations under ORS 128.585. Hausam v. Ticor Title Ins. Co., 99 Or App 533, 783 P2d 39 (1989)

128.001
Limitations on accepting payment for preparation of trust
128.085
Limitations on trustee’s administration of “private foundation” trust
128.090
Limitations on trustee’s administration of “split-interest” trust
128.095
Trustee may amend governing instrument of “private foundation” or “split-interest” trust with prior consent of Attorney General and benefited organizations
128.100
Authority of fiduciary to deposit securities in clearing corporation
128.305
Short title
128.316
Definitions for ORS 128.305 to 128.336
128.318
Standard of conduct in managing and investing institutional fund
128.322
Appropriation for expenditure or accumulation of endowment fund
128.326
Delegation of management and investment functions
128.328
Release or modification of restrictions on management, investment or purpose
128.332
Reviewing compliance
128.334
Relation to Electronic Signatures in Global and National Commerce Act
128.336
Uniformity of application and construction
128.510
Definitions for ORS 128.520
128.520
Employees’ trust may be in perpetuity
128.560
“Business trust” described
128.565
Business trust permitted
128.570
Business trusts and trustees not subject to bank and trust company regulations
128.573
Forms
128.575
Filing with Office of Secretary of State required
128.580
Business trusts subject to certain corporate laws
128.585
Personal liability of trustees, shareholders or beneficiaries of business trust
128.590
Filing of trust instrument as conclusive evidence of compliance with laws
128.595
Annual report
128.597
Inactivation of business trust
128.599
Reinstatement of business trust following inactivation
128.600
Filing, service, copying and certification fees
128.610
Short title
128.620
Definitions for ORS 128.610 to 128.769
128.630
Application of ORS 128.610 to 128.769
128.640
Exemptions from application of ORS 128.610 to 128.769
128.650
Register of charitable organizations
128.660
Filing of registration statement and articles of incorporation or other instrument with Attorney General
128.670
Filing of reports
128.675
Violations of ORS 128.610 to 128.769
128.680
Investigatory authority of Attorney General
128.690
Order for attendance by Attorney General
128.710
Enforcement
128.720
Copies of certain documents and notice to be provided Attorney General
128.730
List of certain claims for exemptions from taxation to be provided Attorney General
128.735
Attorney fees in action to enforce fiduciary or other duty
128.750
Uniformity of interpretation
128.760
Issuance of disqualification order by Attorney General
128.763
Disclosure of disqualification required in solicitations
128.766
Publication of disqualified organizations on Internet
128.769
Rules
128.801
Definitions for ORS 128.801 to 128.898
128.802
Registration of professional fund raising firms required
128.804
Fund raising notice
128.807
Required submission of financial plan to nonprofit beneficiary
128.809
Required disclosure of agency by solicitors
128.812
Required submission of financial report after campaign
128.814
Presumption of breach of fiduciary duty by officer or director of nonprofit beneficiary
128.821
Registration of commercial fund raising firms required
128.823
Designation of amount to be paid to beneficiaries
128.824
Disclosures required in commercial fund raising solicitations
128.826
Commercial fund raising contracts and notice
128.841
Commercial fund raising firm financial reports
128.846
Maintenance of records by commercial fund raising firm
128.848
Accountings required of commercial coventurer
128.856
Written consent by beneficiary to use of name
128.861
Written consent required for representations about use of tickets
128.866
Injunction by Attorney General
128.871
Denial or revocation of registration
128.876
Rules
128.881
Deposit of fees and penalties
128.886
False or misleading representations prohibited
128.891
Prohibited representations
128.893
Use of in-state address
128.898
Short title
128.992
Penalties for ORS 128.610 to 128.769
128.993
Penalty for signing false document
128.995
Penalties for ORS 128.801 to 128.898
Green check means up to date. Up to date