2015 ORS § 708A.455¹

Definitions for ORS 708A.455 to 708A.515

As used in ORS 708A.455 (Definitions for ORS 708A.455 to 708A.515) to 708A.515 (Designation of agent for account), unless the context requires otherwise:

(1)(a) Account means a contract of deposit of funds between a depositor and an insured institution.

(b) Account includes a checking account, savings account or certificate of deposit.

(2) Beneficiary means a person named in a trust account as one for whom a party to the account is named as trustee.

(3) Joint account means an account payable on request to one or more of two or more parties, with or without a right of survivorship.

(4)(a) Multiple-party account means a joint account, a P.O.D. account or a trust account.

(b) Multiple-party account does not include:

(A) Accounts established to deposit funds of a partnership, joint venture or other association for business purposes;

(B) Accounts that a person controls as the duly authorized agent or trustee for a corporation, limited liability company, unincorporated association, charitable or civic organization; or

(C) A regular fiduciary or trust account in which the relationship is established other than by deposit agreement.

(5) Net contribution of a party to a joint account as of any given time means:

(a) The sum of all deposits to the joint account made by or for the party, less all withdrawals made by or for the party that have not been paid to or applied to the use of any other party, plus a pro rata share of any interest or dividends included in the current balance; and

(b) Any proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question.

(6) Party means:

(a) A person that, by the terms of a multiple-party account, has a present right, subject to request, to payment from the account;

(b) A P.O.D. payee or beneficiary of a trust account if the account becomes payable to the payee or beneficiary by reason of the payees or beneficiarys surviving the original party or trustee;

(c) A guardian, conservator, personal representative or assignee, including an attaching creditor, of a party; or

(d) A person identified as a trustee of an account for another whether or not a beneficiary is named, other than a named beneficiary, unless the named beneficiary has a present right of withdrawal.

(7) Payment means withdrawing, paying on check or otherwise paying sums on deposit at a partys directive, a partys pledging sums on deposit and any setoff, reduction or other disposition of all or part of an account in accordance with a pledge.

(8) P.O.D. account means an account payable on request to one person during the persons lifetime and, on the persons death, to one or more P.O.D. payees, or to one or more persons during the persons lifetimes and on the death of all of the persons to one or more P.O.D. payees.

(9) P.O.D. payee means a person designated on a P.O.D. account as a person to whom the account is payable on request after the death of another person.

(10) Request means a proper request for withdrawal, or a check or order for payment, that complies with all conditions of an account, including special requirements concerning necessary signatures and regulations of the insured institution.

(11) Sums on deposit means the balance payable on a multiple-party account, including interest, dividends and any deposit life insurance proceeds added to the account by reason of a partys death.

(12)(a) Trust account means an account in the name of one or more parties as trustee for one or more beneficiaries in which the relationship is established by the form of the account and the deposit agreement with the insured institution, and the trust has no subject other than the sums on deposit in the account whether or not the deposit agreement provides for payment to the beneficiary.

(b) Trust account does not include a regular trust account under a testamentary trust or a trust agreement that has significance apart from the account, or a fiduciary account arising from a fiduciary relationship such as attorney-client.

(13) Withdrawal means payment to a party or to a third person by check or otherwise at a partys directive. [1997 c.631 §172; 2015 c.244 §53]

1 Legislative Counsel Committee, CHAPTER 708A—Regulation of Institutions Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors708A.­html (2015) (last ac­cessed Jul. 16, 2016).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.