Oregon Revised Statutes Chapter 130 § 130.725 — UTC
Oregon Revised Statutes Chapter 130 ·
Oregon Code § 130.725·Enacted ·Last updated March 01, 2026
Statute Text
UTC
816. Specific powers of trustee.
Without limiting the authority conferred by ORS 130.720, a trustee may do any
of the following:
(1) Collect trust
property and accept or reject additions to the trust property from a settlor or
any other person.
(2) Acquire or
sell property, for cash or on credit, at public or private sale.
(3) Exchange,
partition or otherwise change the character of trust property.
(4) Deposit trust
money in an account in a financial institution, including a financial
institution operated by the trustee, if the deposit is adequately insured or
secured.
(5) Borrow money,
with or without security, to be repaid from trust assets or otherwise, and
advance money for the protection of the trust and for all expenses, losses and
liabilities sustained in the administration of the trust or because of the
holding or ownership of any trust assets. Money may be borrowed under this
subsection from any lender, including a financial institution operated by or
affiliated with the trustee. A trustee is entitled to be reimbursed out of the
trust property or from property that has been distributed from the trust, with
reasonable interest, for an advance of money under this subsection.
(6) Continue
operation of any proprietorship, partnership, limited liability company,
business trust, corporation or other form of business or enterprise in which
the trust has an interest, and take any action that may be taken by
shareholders, members or property owners, including merging, dissolving or
otherwise changing the form of business organization or contributing additional
capital.
(7) Exercise the
rights of an absolute owner of stocks and other securities, including the right
to:
(a) Vote, or give
proxies to vote, with or without power of substitution, or enter into or
continue a voting trust agreement;
(b) Hold a
security in the name of a nominee or in other form without disclosure of the
trust so that title may pass by delivery;
(c) Pay calls,
assessments and other sums chargeable or accruing against the securities, and
sell or exercise stock subscription or conversion rights; and
(d) Deposit the
securities with a depository or other financial institution.
(8) Construct,
repair, alter or otherwise improve buildings or other structures on real
property in which the trust has an interest, demolish improvements, raze
existing or erect new party walls or buildings on real property in which the
trust has an interest, subdivide or develop land, dedicate land to public use
or grant public or private easements, and make or vacate plats and adjust
boundaries.
(9) Enter into a
lease for any purpose as lessor or lessee, including a lease or other
arrangement for exploration and removal of natural resources, with or without
the option to purchase or renew, even though the period of the lease extends
beyond the duration of the trust.
(10) Grant an
option involving a sale, lease or other disposition of trust property or
acquire an option for the acquisition of property, even though the option is
exercisable after the trust is terminated, and exercise an option so acquired.
(11) Insure the
property of the trust against damage or loss and insure the trustee, the
trustees agents, and beneficiaries against liability arising from the
administration of the trust.
(12) Abandon or
decline to administer property of no value or property of a value that is not
adequate to justify its collection or continued administration.
(13) Avoid
possible liability for violation of environmental law by:
(a) Inspecting or
investigating property the trustee holds or has been asked to hold, or property
owned or operated by an organization in which the trustee holds or has been
asked to hold an interest, for the purpose of determining the application of
environmental law with respect to the property;
(b) Taking action
to prevent, abate or otherwise remedy any actual or potential violation of any
environmental law affecting property held directly or indirectly by the
trustee, whether taken before or after the assertion of a claim or the
initiation of governmental enforcement;
(c) Declining to
accept property into trust or disclaiming any power with respect to property
that is or may be burdened with liability for violation of environmental law;
(d) Compromising
claims against the trust that may be asserted for an alleged violation of
environmental law; and
(e) Paying the
expense of any inspection, review, abatement or remedial action to comply with
environmental law.
(14) Pay or
contest any claim, settle a claim by or against the trust, and release, in
whole or in part, a claim belonging to the trust.
(15) Pay taxes,
assessments, compensation of the trustee and of employees and agents of the
trust, and other expenses incurred in the administration of the trust.
(16) Exercise
elections available under federal, state and local tax laws.
(17) Select a
mode of payment under any employee b
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 130.725
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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