Oregon Code § 294.145·Enacted ·Last updated March 01, 2026
Statute Text
Prohibited conduct for custodial officer.
In making investments pursuant to ORS 294.035, the
custodial officer may not:
(1) Make a
commitment to invest funds or sell securities more than 14 business days prior
to the anticipated date of settlement of the purchase or sale transaction;
(2) Enter into
any agreement to invest funds or sell securities for future delivery for a fee
other than interest;
(3) Lend
securities to any person or institution, except:
(a) On a fully
collateralized basis; and
(b) When the
lending is specifically permitted under an investment policy adopted pursuant
to ORS 294.135 (1)(a);
(4) Pay for any
securities purchased by the custodial officer until the officer has received
sufficient evidence of title to the securities. Evidence of title must be
consistent with modern investment, banking and commercial practices and may
include physical possession, book entry and automated recordation of such
title. However, the custodial officer may instruct one or more custodial agents
or banks to accept or release securities as that custodial officer considers
advisable to be held in safekeeping for collection of principal and interest or
other income; or
(5) Deliver
securities to the purchaser of the securities upon sale prior to receiving
payment in full for the securities. However, the custodial officer may deliver
the securities to any custodial agent or bank upon instructions to hold the
securities pending receipt by the custodial agent or bank of full payment for
the securities. [1981 c.880 §7; 1991 c.88 §5; 1995 c.245 §8; 2008 c.18 §1]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 294.145
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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