Oregon Revised Statutes

Chapter 81 — Tender and Receipts; Choice of Forum in Contracts; Assignment; Central Filing System for Farm Products

28 sections

81.010 Effect of unaccepted offer in writing to pay or deliver

An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if not accepted, equivalent to the actual production and tender of the money, instrument or property.

81.020 Objection to tender

The person to whom a tender is made shall at that time specify any objection the person may have to the money, instrument or property or the person shall be deemed to have waived it; and if the objection is to the amount of money, the terms of the instrument or the amount or kind of property, the person must specify the amount, terms or kind which the person…

81.030 Receipt for paying money or delivering instruments or property

Whoever pays money or delivers an instrument or property is entitled to a receipt therefor from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery.

81.100 [2001 c.164 §1; renumbered 15.300 in 2011]

81.102 [2001 c.164 §2; 2011 c.129 §1; renumbered 15.305 in 2011]

81.105 [2001 c.164 §3; renumbered 15.320 in 2011]

81.110 [2001 c.164 §4; renumbered 15.325 in 2011]

81.112 [2001 c.164 §5; renumbered 15.330 in 2011]

81.115 [2001 c.164 §6; renumbered 15.335 in 2011]

81.120 [2001 c.164 §7; renumbered 15.350 in 2011]

81.125 [2001 c.164 §8; renumbered 15.355 in 2011]

81.130 [2001 c.164 §9; renumbered 15.360 in 2011]

81.135 [2001 c.164 §10; renumbered 15.380 in 2011]

CHOICE OF FORUM PROVISIONS IN CONSUMER CONTRACTS

81.150 Revocation of contract provision requiring consumer to assert claim outside state; requirements; attorney fees

For the purposes of this section: “Consumer” means an individual who is purchasing goods or services for personal, family or household purposes. “Consumer contract” means a contract entered into by a consumer for the purchase of goods or services for personal, family or household purposes, in which the total cost of the purchase is $15,000 or less. A cons…

81.200 Assignment of chose in action; payment by debtor without notice

Any bona fide assignment of a chose in action by way of sale or pledge made in writing for a good, valuable and adequate consideration is deemed completed at the time the writing is executed by the assignor and takes effect at the time of execution according to the terms of the writing without the giving of notice to the debtor therein mentioned unless such …

81.203 Effect of an assignment on a defense

In the case of an assignment of a thing in action, an action or suit by the assignee is without prejudice to any setoff or other defense existing at the time of, or before notice of the assignment; but this section does not apply to a negotiable instrument transferred in good faith and upon good consideration before due. CENTRAL FILING SYSTEM FOR FARM PRODU…

81.230 Definitions for ORS 81.230 to 81.263

As used in ORS 81.230 to 81.263: “Approved unique identifier” means a number, combination of numbers and letters, or another identifier that the Secretary of State prescribes by rule. “Buyer” means a person who, in the ordinary course of business, buys farm products from a person engaged in farming operations who is in the business of selling farm products…

81.233 Approved unique identifiers

The Secretary of State shall devise a method or system to provide approved unique identifiers for persons filing documents under ORS 81.230 to 81.263. If necessary under federal law, the Secretary of State shall seek approval of the method or system devised under subsection (1) of this section from the Secretary of the United States Department of Agricultur…

81.236 Filing of statements in electronic format; rules

An effective financing statement, amendment to an effective financing statement, continuation statement, statement that an effective financing statement has lapsed or other statement filed with the Secretary of State under ORS 81.230 to 81.263 may be filed in an electronic format. Statements filed electronically under this section shall conform to the techn…

81.239 Establishment of central filing system for farm products; fees; rules

The Secretary of State shall establish, implement and operate the central filing system for farm products. The Secretary of State shall ensure that the central filing system for farm products described in ORS 81.230 to 81.263 complies with the requirements for a central filing system as defined by 7 U.S.C. 1631 as that statute read on December 24, 1986. Th…

81.242 Protection of buyers of farm products, commission merchants and selling agents; exception

Except as provided in ORS 81.245, a buyer who in the ordinary course of business buys farm products from a seller engaged in farming operations shall take free of a security interest created by the seller, and a commission merchant or selling agent who sells in the ordinary course of business farm products for others shall not be subject to a security intere…

81.245 When buyer of farm product, commission merchant and selling agent subject to security interest in farm product created by seller

Under the central filing system for farm products, a buyer of farm products or commission merchant or selling agent who sells farm products for others shall be subject to a security interest in such farm products created by the seller if: The buyer or commission merchant or selling agent has failed to register with the Secretary of State prior to the purcha…

81.248 Requirements for effective financing statement; amendment; duration; lapse; fee; rules

An effective financing statement for farm products as defined in ORS 81.230 is sufficient to register a security interest in a farm product if the statement: Contains the name and address of the secured party; Contains the name and address of each person, whether or not a debtor, subjecting the farm products to the security interest; Contains the approved…

81.251 Master list of farm products; list of buyers, commission merchants and selling agents; distribution of master list; fee; rules

Under the central filing system for farm products, the Secretary of State shall record the date and time of filing of effective financing statements or changes thereto, and compile this information into a master list organized according to farm products. The Secretary of State shall by rule determine the categories of farm products. Within each category of …

81.254 Confirmation of existence of any effective financing statement; fee; rules

On request, the Secretary of State shall furnish to persons not registered under ORS 81.251 oral confirmation within 24 hours of the existence of any effective financing statement followed by written confirmation to any buyer of farm products buying from a debtor or commission merchant or selling agent selling for a seller covered by such statement. The req…

81.257 Courtesy notice

Nothing in ORS 81.230 to 81.263 shall prevent a secured party from providing a courtesy notice to any person regarding the secured party’s security interests in farm products. The rights or obligations of the secured party or any other person shall not be affected by the failure of a secured party to give a courtesy notice or by the accuracy or completeness …

81.260 Place to file effective financing statement

The proper place to file an effective financing statement on farm products as defined in ORS 81.230 is in the office of the Secretary of State.

81.263 Place to register as buyer of farm product, commission merchant or selling agent; duration of registration; fee; rules

The proper place to register under ORS 81.251 as a buyer of farm products or a commission merchant or selling agent of farm products as defined in ORS 81.230 is in the office of the Secretary of State. The registration is effective for one year following the date of registration. Registration may be amended by filing a new registration. The Secretary of Stat…