Oregon Statutes 294.145 – Prohibited conduct for custodial officer
In making investments pursuant to ORS § 294.035, the custodial officer may not:
Terms Used In Oregon Statutes 294.145
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(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]