Oregon Law
Law as of Jan 1, 2026
Chapter contents
78.1010Short title 78.1020Definitions and index of definitions 78.1030Rules for determining whether certain obligations and interests are securities or financial assets 78.1040Acquisition of security or financial asset or interest therein 78.1050Notice of adverse claim 78.1060Control 78.1070Whether indorsement, instruction or entitlement order is effective 78.1080Warranties in direct holding 78.1090Warranties in indirect holding 78.1100Applicability; choice of law 78.1110Clearing corporation rules 78.1120Creditor’s legal process 78.1130Statute of frauds inapplicable 78.1140Evidentiary rules concerning certificated securities 78.1150Securities intermediary and others not liable to adverse claimant 78.1160Securities intermediary as purchaser for value 78.2010“Issuer.” 78.2020Terms of security; issuer’s responsibility and defenses; notice of defect or defense 78.2030Staleness as notice of defects or defenses 78.2040Effect of issuer’s restriction on transfer 78.2050Effect of unauthorized signature on security certificate 78.2060Completion or alteration of security certificate 78.2070Rights of issuer with respect to registered owners 78.2080Effect of signature of authenticating trustee, registrar or transfer agent 78.2090Issuer’s lien 78.2100Overissue 78.3010Delivery 78.3020Rights of purchaser 78.3030“Protected purchaser.” 78.3040Indorsement 78.3050Instruction 78.3060Effect of guaranteeing signature, indorsement or instruction 78.3070Purchaser’s rights to requisites for registration of transfer 78.3080[1961 c.726 §78.3080; 1985 c.676 §78.3080; repealed by 1995 c.328 §71] 78.3090[1961 c.726 §78.3090; 1985 c.676 §78.3090; repealed by 1995 c.328 §71] 78.3100[1961 c.726 §78.3100; 1985 c.676 §78.3100; repealed by 1995 c.328 §71] 78.3110[1961 c.726 §78.3110; 1985 c.676 §78.3110; repealed by 1995 c.328 §71] 78.3120[1961 c.726 §78.3120; 1985 c.676 §78.3120; repealed by 1995 c.328 §71] 78.3130[1961 c.726 §78.3130; 1965 c.271 §4; 1985 c.676 §78.3130; repealed by 1995 c.328 §71] 78.3140[1961 c.726 §78.3140; 1985 c.676 §78.3140; repealed by 1995 c.328 §71] 78.3150[1961 c.726 §78.3150; 1985 c.676 §78.3150; repealed by 1995 c.328 §71] 78.3160[1961 c.726 §78.3160; 1985 c.676 §78.3160; repealed by 1995 c.328 §71] 78.3170[1961 c.726 §78.3170; 1985 c.676 §78.3170; repealed by 1995 c.328 §71] 78.3180[1961 c.726 §78.3180; 1985 c.676 §78.3180; repealed by 1995 c.328 §71] 78.3190[1961 c.726 §78.3190; 1985 c.676 §78.3190; repealed by 1995 c.328 §71] 78.3200[1965 c.271 §2; 1985 c.676 §78.3200; repealed by 1995 c.328 §71] 78.3210[1985 c.676 §78.3210; repealed by 1995 c.328 §71] 78.4010Duty of issuer to register transfer 78.4020Assurance that indorsement or instruction is effective 78.4030Demand that issuer not register transfer 78.4040Wrongful registration 78.4050Replacement of lost, destroyed or wrongfully taken security certificate 78.4060Obligation to notify issuer of lost, destroyed or wrongfully taken security certificate 78.4070Authenticating trustee, transfer agent and registrar 78.4080[1985 c.676 §78.4080; repealed by 1995 c.328 §71] 78.5010Securities account; acquisition of security entitlement from securities intermediary 78.5020Assertion of adverse claim against entitlement holder 78.5030Property interest of entitlement holder in financial asset held by securities intermediary 78.5040Duty of securities intermediary to maintain financial asset 78.5050Duty of securities intermediary with respect to payments and distributions 78.5060Duty of securities intermediary to exercise rights as directed by entitlement holder 78.5070Duty of securities intermediary to comply with entitlement order 78.5080Duty of securities intermediary to change entitlement holder’s position to other form of security holding 78.5090Specification of duties of securities intermediary by other statute or regulation; manner of performance of duties of securities intermediary and exercise of rights of entitlement holder 78.5100Rights of purchaser of security entitlement from entitlement holder 78.5110Priority among security interests and entitlement holders

Chapter 78 — Investment Securities

ORS 78.1030 Rules for determining whether certain obligations and interests are securities or financial assets

(1)

A share or similar equity interest issued by a corporation, business trust, joint stock company or similar entity is a security.

(2)

An “investment company security” is a security. “Investment company security” means a share or similar equity interest issued by an entity that is registered as an investment company under the federal investment company laws, an interest in a unit investment trust that is so registered or a face-amount certificate issued by a face-amount certificate company that is so registered. “Investment company security” does not include an insurance policy, endowment policy or annuity contract issued by an insurance company.

(3)

An interest in a partnership or limited liability company is not a security unless it is dealt in or traded on securities exchanges or in securities markets, its terms expressly provide that it is a security governed by this chapter or it is an investment company security. However, an interest in a partnership or limited liability company is a financial asset if it is held in a securities account.

(4)

A writing that is a security certificate is governed by this chapter and not by ORS chapter 73, even though it also meets the requirements of that chapter. However, a negotiable instrument governed by ORS chapter 73 is a financial asset if it is held in a securities account.

(5)

An option or similar obligation issued by a clearing corporation to its participants is not a security, but is a financial asset.

(6)

A commodity contract, as defined in ORS 79A.1020, is not a security or a financial asset.

(7)

A document of title is not a financial asset unless ORS 78.1020 (1)(i)(A)(iii) applies.

(8)

A controllable account, controllable electronic record or controllable payment intangible is not a financial asset unless ORS 78.1020 (1)(i)(A)(iii) applies.

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Provenance

Version history

2026-01-01

2025 Oregon Revised Statutes — official online source