Terms Used In Oregon Statutes > Chapter 114 - Administration of Estates Generally

• Adaptive behavior: means the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected for age and cultural group. See Oregon Statutes 427.005
• Anniversary: means the day each year exactly one or more years after:

  (a) The date on which the Secretary of State files the articles of incorporation for a cooperative. See Oregon Statutes 62.015

• Articles: means articles of incorporation, articles of conversion or articles of merger. See Oregon Statutes 62.015
• Articles of organization: means the document described in ORS § 63. See Oregon Statutes 63.001
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Bequest: Property gifted by will.
• Board: means board of directors. See Oregon Statutes 62.015
• Cooperative: means a cooperative corporation that is subject to the provisions of this chapter. See Oregon Statutes 62.015
• Corporation: means a corporation that is not a cooperative. See Oregon Statutes 62.015
• Delivery: means a method of delivery that is used in conventional commercial practice and includes hand delivery, mail delivery, commercial delivery and electronic transmission. See Oregon Statutes 62.015
• Developmental disability: means autism, cerebral palsy, epilepsy or other condition diagnosed by a qualified professional that:

  (a) Originates before an individual is 22 years of age and is expected to continue indefinitely;

  (b) Results in a significant impairment in adaptive behavior as measured by a qualified professional;

  (c) Is not attributed primarily to other conditions including, but not limited to, a mental or emotional disorder, sensory impairment, substance abuse, personality disorder, learning disability or attention deficit hyperactivity disorder; and

  (d) Requires supports similar to those required by an individual with an intellectual disability. See Oregon Statutes 427.005

• Distribution: means a direct or indirect transfer of money or other property, except of a limited liability company's own interests, or a limited liability company's incurrence of indebtedness to or for the benefit of the limited liability company's members in respect of a member's interests, whether in the form of a declaration or payment of profits, a purchase, retirement or other acquisition of interests, a distribution of indebtedness, or otherwise. See Oregon Statutes 63.001
• District: means an airport district established under this chapter. See Oregon Statutes 838.005
• District board: means the governing body of the district. See Oregon Statutes 838.005
• Domestic limited liability company: means an entity that is an unincorporated association that has one or more members and that is organized under ORS Chapter 63. See Oregon Statutes 62.015
• Domestic nonprofit corporation: means a corporation not for profit that is incorporated under ORS Chapter 65. See Oregon Statutes 62.015
• Electronic transmission: means a method of communicating information that:

  (a) Does not directly involve a transfer of a physical object that embodies the communication; and

  (b) Enables the recipient to store, retrieve and reproduce the information. See Oregon Statutes 62.015

• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Facility: means a group home, activity center, community mental health clinic or other facility or program that the Department of Human Services approves to provide necessary services to persons with intellectual disabilities or other developmental disabilities. See Oregon Statutes 427.005
• Foreign cooperative: means a cooperative corporation that is organized under laws other than the laws of this state. See Oregon Statutes 62.015
• Foreign corporation: means a corporation for profit that is incorporated under laws other than the laws of this state. See Oregon Statutes 62.015
• Foreign limited liability company: means an entity that is an unincorporated association organized under laws other than the laws of the state and that is organized under a statute under which an association may be formed that affords to each of the entity's members limited liability with respect to the liabilities of the entity. See Oregon Statutes 63.001
• Foreign limited liability company: means an entity that is an unincorporated association organized under laws other than the laws of this state and that is organized under a statute under which an association may be formed that affords to each of the entity's members limited liability with respect to liabilities of the entity. See Oregon Statutes 62.015
• Foreign nonprofit corporation: means a corporation not for profit that is organized under laws other than the laws of this state. See Oregon Statutes 62.015
• Foreign professional corporation: means a professional corporation that is organized under laws other than the laws of this state. See Oregon Statutes 62.015
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Independence: means the extent to which persons with intellectual disabilities or other developmental disabilities exert control and choice over their own lives. See Oregon Statutes 427.005
• Intellectual disability: means an intelligence quotient of 70 or below as measured by a qualified professional and existing concurrently with significant impairment in adaptive behavior, that is manifested before the individual is 18 years of age. See Oregon Statutes 427.005
• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• Judgment document: means a writing in the form provided by ORS § 18. See Oregon Statutes 18.005
• Manager: means a person, not necessarily a member, that the members of a manager-managed limited liability company designate to manage the limited liability company's business and affairs. See Oregon Statutes 63.001
• Member: means a person that is qualified and accepted for membership in a cooperative. See Oregon Statutes 62.015
• Member: means a person with both an ownership interest in a limited liability company and all the rights and obligations of a member specified under this chapter. See Oregon Statutes 63.001
• Membership stock: means any class of stock, continuous ownership of which is required for membership in a cooperative. See Oregon Statutes 62.015
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Operating agreement: means any valid agreement, written or oral, of the member or members as to the affairs of a limited liability company and the conduct of the limited liability company's business. See Oregon Statutes 63.001
• Person: means an individual, corporation, association, firm, partnership, joint stock company, cooperative or foreign cooperative. See Oregon Statutes 62.015
• Person: means an individual or entity. See Oregon Statutes 63.001
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Principal office: means the physical street address of an office, in or out of this state, where the principal executive offices of a domestic or foreign limited liability company are located and designated in the annual report or in the application for authority to transact business in this state. See Oregon Statutes 63.001
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: means a civil, criminal, administrative or investigatory action. See Oregon Statutes 60.001
• Proceeding: means any threatened, pending or completed action, suit or proceeding whether civil, criminal, administrative or investigatory and whether formal or informal. See Oregon Statutes 63.001
• public notice: means any legal publication which requires an affidavit of publication as required in ORS § 193. See Oregon Statutes 174.104
• Service of process: The service of writs or summonses to the appropriate party.
• Shareholder: means a holder of shares of capital stock of a cooperative other than membership stock. See Oregon Statutes 62.015
• Shell entity: means an entity that has the characteristics described in ORS § 60. See Oregon Statutes 60.001
• Signature: means a manual, facsimile, conformed or electronic signature. See Oregon Statutes 62.015
• Testator: A male person who leaves a will at death.
• Treatment: means the provision of specific physical, mental, social interventions and therapies that halt, control or reverse processes that cause, aggravate or complicate malfunctions or dysfunctions. See Oregon Statutes 427.005
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Visitor: means a person appointed by the court under ORS § 125. See Oregon Statutes 125.005
• Vulnerable youth: means a person who:

  (a) Is at least 18 years of age but has not attained 21 years of age;

  (b) Is eligible for classification under 8 U. See Oregon Statutes 125.005