State of the Nonprofit Regulatory Environment in OREGON

1 Bifurcation of charitable regulatory body

Bifurcated Regulatory Structure

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

OR Code § 128.610

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: No - Oregon Revised Statutes Ann., Vol. 3, § 128.610 et seq.

Registration Office

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

BIFURCD-REGIOF-NS

REGULATORY BODY: Not Specific

NOTES: Oregon Department of Justice (AG) http://www.doj.state.or.us/charigroup/Pages/index.aspx

2 Notice, Filing or Review of Transactions

Sale of Assets

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

OR Code § 65.534 ;; 65-534

REGULATORY BODY: Attorney General

STATUTE TEXT: (1) A corporation may sell, lease, exchange or otherwise dispose of all or substantially all of the corporationis property, with or without the goodwill, other than in the usual and regular course of the corporationis activities, on the terms and conditions and for the consideration determined by the corporationis board of directors if the proposed transaction is authorized by subsection (2) of this section.(2) Unless this chapter, the articles of incorporation, bylaws or the board of directors or members, acting in accordance with subsection (4) of this section, require a greater vote or voting by class, the proposed transaction to be authorized must be approved: (a) By the board of directors; (b) By the members of a mutual benefit corporation entitled to vote on the transaction by at least two-thirds of the votes cast or a majority of the voting power, whichever is less, or by a majority of the votes cast, if the corporation is a public benefit corporation or religious corporation; and (c) In writing by any person or persons whose approval is required for an amendment to the articles of incorporation or bylaws by a provision of the articles of incorporation as authorized by ORS 65.467. (3) If the corporation does not have members entitled to vote on the transaction, the board of directors must approve the transaction. In addition, the corporation shall provide notice of any board of directorsi meeting at which such approval is to be obtained in accordance with ORS 65.344 (2). The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the sale, lease, exchange or other disposition of all or substantially all of the property of the corporation and must contain or be accompanied by a description of the transaction. (4) The board of directors may condition the boardis submission of the proposed transaction to a vote of members, and the members entitled to vote on the transaction may condition the membersi approval of the transaction, on receipt of a higher percentage of affirmative votes or on any other basis. (5) If the board seeks to have the transaction approved by the members at a membership meeting, the corporation shall give notice to the corporationis members of the proposed meeting in accordance with ORS 65.214. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the sale, lease, exchange or other disposition of all or substantially all of the property of the corporation and must contain or be accompanied by a description of the transaction. (6) If the board seeks to have the transaction approved by the members by written consent or written ballot, the material soliciting the approval must contain or be accompanied by a description of the transaction. (7) A public benefit corporation or religious corporation must give written notice to the Attorney General 30 days before the public benefit corporation or religious corporation sells, leases, exchanges or otherwise disposes of all or substantially all of the public benefit corporationis or religious corporationis property unless the transaction is in the usual and regular course of the public benefit corporationis or religious corporationis activities or the Attorney General has given the public benefit corporation or religious corporation a written waiver of this notice requirement. (8) After a sale, lease, exchange or other disposition of property is authorized, the transaction may be abandoned, subject to any contractual rights, without further action by the members or any other person who approved the transaction, in accordance with the procedure set forth in the resolution proposing the transaction or, if none is set forth, in the manner determined by the board of directors. [1989 c.1010 ss127; 2005 c.22 ss48; 2019 c.174 ss86]

NOTES: Pub. Benefit and Religious Corp disposes of substantial amt O.R.S. § 65.534

REPORTS-ASSETS-OT

REGULATORY BODY: Other

NOTES: No

Mergers

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

OR Code § 65.484 ;; 65-484

REGULATORY BODY: Attorney General

STATUTE TEXT: (1) Without the prior written consent of the Attorney General or the prior approval of the circuit court of the county in which a corporationis principal office is located or, if the principal office is not in this state, where the registered office of the corporation is or was last located, in a proceeding in which the Attorney General has been given written notice, a public benefit corporation or religious corporation may merge only with:(a) A public benefit corporation or religious corporation; (b) A foreign corporation that would qualify under this chapter as a public benefit corporation or religious corporation; (c) A wholly owned foreign corporation or domestic business corporation or mutual benefit corporation, provided the public benefit corporation or religious corporation is the surviving corporation and continues to be a public benefit corporation or religious corporation after the merger; or (d) A foreign corporation or domestic business corporation or mutual benefit corporation, provided that: (A) On or before the effective date of the merger, assets with a value equal to the greater of the fair market value of the net tangible and intangible assets, including goodwill, of the public benefit corporation or religious corporation or the fair market value of the public benefit corporation or religious corporation if the public benefit corporation or religious corporation were to be operated as a business concern are transferred or conveyed to one or more persons that would have received the assets of the public benefit corporation or religious corporation under ORS 65.637 (1)(e) and (f) had the public benefit corporation or religious corporation dissolved; (B) The public benefit corporation or religious corporation shall return, transfer or convey any assets the public benefit corporation or religious corporation holds upon condition requiring return, transfer or conveyance, which condition occurs by reason of the merger, in accordance with such condition; and (C) The merger is approved by a majority of directors of the public benefit corporation or religious corporation who are not and will not become members or shareholders in, or officers, employees, agents or consultants of, the surviving corporation. (2) The public benefit corporation or religious corporation must deliver notice and a copy of the proposed plan of merger to the Attorney General at least 20 days before the public benefit corporation or religious corporation files articles of merger. (3) Without the prior written consent of the Attorney General or the prior approval of the court specified in subsection (1) of this section in a proceeding in which the Attorney General has been given written notice, a member of a public benefit corporation or religious corporation may not receive or keep anything as a result of a merger other than a membership in the surviving public benefit corporation or religious corporation. Approval or consent that is required by this section must be given if the transaction is consistent with the purposes of the public benefit corporation or religious corporation or is otherwise in the public interest. [1989 c.1010 ss119; 2019 c.174 ss82]

NOTES: Pub. Benefit and Religious Corp. - Either Court or AG O.R.S. § 65.484

OR Code § 65.491 ;; 65-491

REGULATORY BODY: Other

STATUTE TEXT: (1) After the board of directors of each merging corporation and, if required under ORS 65.487, the members of each merging corporation and any other persons that must approve a plan of merger approve the plan, the surviving corporation shall deliver to the Secretary of State for filing:(a) Articles of merger that set forth the name and type of each business entity that intends to merge and the name and type of the business entity that will survive the merger; (b) A plan of merger or, in lieu of a plan of merger, a written declaration that: (A) Identifies an address for an office of the surviving entity where the plan of merger is on file; and (B) States that the surviving entity will provide any owner or shareholder of any constituent entity with a copy of the plan of merger upon request and at no cost; (c) A written declaration that: (A) States that a sufficient vote of the board of directors of each corporation approved the plan of merger, if the approval of members was not required; or (B) Sets forth, if the members of one or more corporations were required to approve the plan of merger: (i) The designation and number of members of each class entitled to vote separately on the plan and the number of votes each class is entitled to cast; and (ii) The total number of votes that each class entitled to vote separately on the plan cast for and against the plan; (d) A written declaration that states that a person or persons other than the members of the board approved the plan, if required under ORS 65.487 (1)(c); and (e) A written declaration that states that the Attorney General approved the plan, if the plan required the Attorney Generalis approval. (2) Unless a delayed effective date is specified, a merger takes effect when the articles of merger are filed. [1989 c.1010 ss121; 2015 c.28 ss5; 2019 c.174 ss84]

NOTES: File with Sec. of State Sec. of State O.R.S. § 65.491; Pub. Benefit and Religious Corp. - Either Court or AG) [O.R.S. § 65.4

OR Code § 65.4

REGULATORY BODY: Other

STATUTE TEXT:

NOTES: File with Sec. of State Sec. of State O.R.S. § 65.491; Pub. Benefit and Religious Corp. - Either Court or AG) [O.R.S. § 65.4

Certificate of Amendments

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

OR Code § 65.431 ;; 65-431

REGULATORY BODY: Attorney General

STATUTE TEXT: (1) A corporation may amend the corporationis articles of incorporation at any time to add, change or delete any provision if the articles of incorporation as amended would be permitted under ORS 65.431 to 65.467 as of the effective date of the amendment.(2) A corporation designated on the records of the Secretary of State as a public benefit corporation or religious corporation may amend or restate the public benefit corporationis or religious corporationis articles of incorporation so that the public benefit corporation or religious corporation becomes designated as a mutual benefit corporation only if notice, including a copy of the proposed amendment or restatement, has been delivered to the Attorney General at least 20 days before consummation of the amendment or restatement. [1989 c.1010 ss107; 2019 c.174 ss72]

NOTES: Pub. Benefit and Religious Corp [O.R.S. § 65.431]

OR Code § 65.431 ;; 65-431

REGULATORY BODY: Other

NOTES: O.R.S. § 65.431

Does the state require annual financial reporting by charitable organizations in addition to filing a copy of the 990 with the regulator (if filing 990 is required)?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

REPORTS-FINANC-NS

REGULATORY BODY: Not Specific

NOTES: http://www.doj.state.or.us/charigroup/pdf/2015_web_ct-12.pdf

3 Notice or Action for Dissolutions

Voluntary Dissolutions

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

OR Code § 65.627 ;; 65-627

REGULATORY BODY: Attorney General

STATUTE TEXT: (1) A public benefit corporation or religious corporation may not transfer or convey assets as part of a dissolution until 30 days after the public benefit corporation or religious corporation has notified the Attorney General in accordance with subsection (2) of this section or until the Attorney General in writing has consented to the transfer or conveyance or indicated that the Attorney General will not take action with respect to the transfer or conveyance, whichever is earlier.(2) A public benefit corporation or religious corporation shall give the Attorney General written notice that the public benefit corporation or religious corporation intends to dissolve at or before the time the public benefit corporation or religious corporation delivers articles of dissolution to the Secretary of State. The notice must include a copy or summary of the plan of dissolution. (3) After all or substantially all of the assets of a public benefit corporation have been transferred or conveyed following approval of dissolution, the board of directors shall deliver to the Attorney General a list showing the persons to whom the assets were transferred or conveyed. The list must indicate the addresses of each person who received assets and indicate what assets each received. [1989 c.1010 ss132; 2019 c.174 ss90]

NOTES: Pub. Benefit and Religious Corp. O.R.S. § 65.627

OR Code § 65.631 ;; 65-631

REGULATORY BODY: Other

STATUTE TEXT: (1) At any time after dissolution is authorized, a corporation may dissolve by delivering to the Secretary of State for filing, articles of dissolution setting forth:(a) The name of the corporation; (b) The date dissolution was authorized; (c) A statement that dissolution was approved by a sufficient vote of the board of directors; (d) If approval of members was not required, a statement to that effect and a statement that dissolution was approved by a sufficient vote of the board of directors or incorporators; (e) If approval by members entitled to vote was required: (A) The designation and number of members of, and number of votes entitled to be cast by, each class entitled to vote separately on dissolution; and (B) The total number of votes cast for and against dissolution by each class entitled to vote separately on dissolution; (f) If approval of dissolution by some person or persons other than the members entitled to vote on dissolution, the board or the incorporators is required pursuant to ORS 65.624 (1)(c), a statement that the approval was obtained; and (g) If the corporation is a public benefit corporation or religious corporation, that the notice to the Attorney General required by ORS 65.627 has been given. (2) A corporation is dissolved upon the effective date of the corporationis articles of dissolution. [1989 c.1010 ss133; 2019 c.174 ss91]

NOTES: Sec. of State O.R.S. § 65.631

Judicial Dissolutions

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

OR Code § 65.661 ;; 65-661

REGULATORY BODY: Attorney General

STATUTE TEXT: (1) A circuit court may dissolve a corporation:(a) In a proceeding by the Attorney General if the court finds that: (A) The corporation filed articles of incorporation with fraudulent intent, with fraudulent information or in a manner that otherwise indicates fraud; (B) The corporation has exceeded or abused the authority conferred upon the corporation by law; (C) The corporation has fraudulently solicited money or has fraudulently used the money solicited; (D) The corporation is a public benefit corporation and the corporate assets are being misapplied or wasted; (E) The corporation is a public benefit corporation and is no longer able to carry out the public benefit corporationis purposes or the Internal Revenue Service has revoked the public benefit corporationis tax exempt status; or (F) The corporation is a shell entity. For purposes of this subparagraph: (i) A court may find that a corporation is a shell entity if the court determines that the corporation was used or incorporated for an illegal purpose, was used or incorporated to defraud or deceive a person or a governmental agency or was used or incorporated to fraudulently conceal any business activity from another person or a governmental agency; and (ii) The Attorney General may make a prima facie showing that a corporation is a shell entity by stating in an affidavit that: (I) The corporation did not provide a name or address required by the Secretary of State, or the name or address the corporation provided was false, fraudulent or inadequate; (II) The corporationis articles of incorporation, a record the corporation must keep under ORS 65.771 or the corporationis annual report is false, fraudulent or inadequate; (III) A public body, as defined in ORS 174.109, attempted to communicate with, or serve legal process upon, the corporation at the address or by means of other contract information the corporation provided to the Secretary of State, but the corporation failed to respond; or (IV) The Attorney General has other evidence that shows that the corporation was used or incorporated for an illegal purpose, was used or incorporated to defraud or deceive a person or a governmental agency or was used or incorporated to fraudulently conceal any business activity from another person or a governmental agency. (b) Except as provided in the articles of incorporation or bylaws of a religious corporation, in a proceeding by 50 members or members holding five percent or more of the voting power, whichever is less, or by a director or any person specified in the articles of incorporation, if the court finds that: (A) The directors are deadlocked in the management of the corporate affairs, and the members, if any, are unable to break the deadlock; (B) The directors or those in control of the corporation have acted, are acting or will act in a manner that is illegal, oppressive or fraudulent; (C) The members are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired; (D) The corporate assets are being misapplied or wasted; or (E) The corporation is a public benefit corporation or religious corporation and is no longer able to carry out the public benefit corporationis or religious corporationis purposes; (c) In a proceeding by a creditor if the court finds that: (A) The creditoris claim has been reduced to judgment, the execution on the judgment has been returned unsatisfied and the corporation is insolvent; or (B) The corporation has admitted in writing that the creditoris claim is due and owing and the corporation is insolvent; or (d) In a proceeding by the corporation to have the corporationis voluntary dissolution continued under court supervision. (2) Before dissolving a corporation, the court shall consider whether: (a) Reasonable alternatives to dissolution exist; (b) Dissolution is in the public interest, if the corporation is a public benefit corporation; or (c) Dissolution is the best way of protecting the interests of members, if the corporation is a mutual benefit corporation. (3) In addition to subjecting a corporation to dissolution under subsection (1)(a)(F) of this section, a finding that a corporation is a shell entity has the following effects: (a) A court may rebuttably presume that the corporationis filings with the Secretary of State constitute a false claim, as defined in ORS 180.750, in any action the Attorney General brings against the corporation under ORS 180.760 and may award to the Attorney General reasonable attorney fees and the costs of investigation, preparation and litigation if the Attorney General prevails in the action; and (b) A public body, as defined in ORS 174.109, in any proceeding against the corporation, may move to enjoin a director, officer or other person that exercises significant direction or control over the corporation from engaging in commercial activity in this state, including but not limited to incorporating or organizing an entity in this state. (4) A corporation may affirmatively defend against an allegation that the corporation is a shell entity by showing that the corporation, within 60 days after receiving a request to provide or correct a name, address or other information required for a filing or in articles of incorporation, a record the corporation must keep or an annual report, or within 60 days after the date of a request to respond to a communication or service of process, provided or corrected the name, address or other information or responded to the communication or service of process. [1989 c.1010 ss142; 2019 c.174 ss95]

NOTES: O.R.S. § 65.661

OR Code § 65.671 ;; 65-671

REGULATORY BODY: Other

STATUTE TEXT: (1) If after a hearing a court determines that one or more grounds for judicial dissolution described in ORS 65.661 exist, the court may enter a judgment dissolving the corporation and specifying the effective date of the dissolution. The clerk of the court shall deliver a certified copy of the judgment to the Secretary of State for filing.(2) After entering the judgment of dissolution, the court shall direct the winding up and liquidation of the corporationis affairs in accordance with ORS 65.637 and the notification of claimants in accordance with ORS 65.641 and 65.644. [1989 c.1010 ss145; 2003 c.576 ss329; 2019 c.174 ss98]

NOTES: O.R.S. § 65.671

Administrative Dissolutions

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

OR Code § 65.651 ;; 65-651

REGULATORY BODY: Attorney General

STATUTE TEXT: (1) If the Secretary of State determines that one or more grounds exist under ORS 65.647 for dissolving a corporation, the Secretary of State shall give the corporation written notice of that determination.(2) If the corporation does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the Secretary of State, within 45 days after notice is given, that each of the grounds that the Secretary of State has determined to be a ground for the dissolution does not exist, the Secretary of State shall administratively dissolve the corporation, and in the case of a public benefit corporation shall notify the Attorney General in writing. (3) A corporation administratively dissolved continues the corporationis corporate existence but may not carry on any activities except those necessary or appropriate to wind up and liquidate the corporationis affairs under ORS 65.637 and notify the corporationis claimants under ORS 65.641 and 65.644. (4) The administrative dissolution of a corporation does not terminate the authority of the corporationis registered agent. [1989 c.1010 ss139; 1993 c.190 ss6; 2013 c.159 ss11]

NOTES: O.R.S. § 65.651

OR Code § 65.651 ;; 65-651

REGULATORY BODY: Other

NOTES: O.R.S. § 65.651

4 Notice, Oversight or Filing of Hospital Conversions

Has Statute

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

OR Code § 65.800 ;; 65-800

REGULATORY BODY: Not Specific

STATUTE TEXT: For purposes of ORS 65.803 to 65.815:(1) “Hospital” means a hospital as defined in ORS 442.015. (2) “Noncharitable entity” means any person or entity that is not a public benefit or religious corporation and is not wholly owned or controlled by one or more public benefit or religious corporations. [1997 c.291 ss2; 2001 c.104 ss20; 2009 c.595 ss56; 2009 c.792 ss29]

NOTES: O.R.S. §§ 65.800 - 65.815

Requires Notice or Oversight

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

OR Code § 65.803 ;; 65-803

REGULATORY BODY: Attorney General

STATUTE TEXT: (1) Any public benefit or religious corporation that operates a hospital must provide written notice to, and obtain the written approval of, the Attorney General before closing any transaction to do either of the following:(a) Sell, transfer, lease, exchange, option, convey, merge or otherwise dispose of all or a significant portion of its hospital assets to a noncharitable entity or to an unrelated charitable entity. (b) Transfer control, responsibility or governance of a significant portion of the hospital assets or hospital operations of the public benefit or religious corporation to a noncharitable entity. (2) This section does not apply to a public benefit or religious corporation if any of the following apply: (a) The transaction is in the usual and regular course of the activities of the public benefit or religious corporation. (b) The public benefit or religious corporation has furnished the Attorney General with a detailed written statement describing the proposed transaction and requesting a written waiver of the requirements imposed by this section, and the Attorney General: (A) Has given the public benefit or religious corporation a written waiver of the requirements imposed by this section as to the proposed transaction; or (B) Has not made a written determination with regard to the request within 45 days after receiving the request. (c) The Attorney General, by rule, has excepted this kind of transaction. (3) The notice and approval required by ORS 65.800 to 65.815 are in addition to any other notice or approval required by this chapter or other applicable law. (4) Notice and approval is not required under ORS 65.800 to 65.815 if a political subdivision of the state controls the operation of the hospital. (5) Any person may make a written request to the Attorney General that the person be given notice of requests for approval received by the Attorney General under this section. The Attorney General shall maintain a mailing list of persons who have requested notification under this subsection and shall promptly mail a copy of any request for approval received under this section to the persons on the list. In addition, the Attorney General shall promptly mail a copy of any request for waiver received under subsection (2) of this section to the persons on the list upon receiving the request for waiver. The Attorney General may not grant a waiver under subsection (2) of this section until 14 days after the mailing required by this subsection. [1997 c.291 ss3]

NOTES: O.R.S. § 65.803

HOSPCON-OVERSI-OT

REGULATORY BODY: Other

NOTES: No

Requires Filing

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

HOSPCON-FILING-OT

REGULATORY BODY: Other

NOTES: No

5 Audits

Requires Audit

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

AUDITFI-AUDITS-NS

REGULATORY BODY: Not Specific

NOTES: Audit not required, but if audit is completed must provide a copy with the annual report. https://www.doj.state.or.us/wp-content/uploads/2018/01/2017_web_ct-12.pdf

Audit Threshold

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

AUDITFI-THRESH-NS

REGULATORY BODY: Not Specific

6 Registration Law

Registration Law

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

OR Code § 128.610

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: O.R.S. § 128.610 et seq.

7 Exemptions from Registering for Specific Organization Types

Religious Organizations

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

OR Code § 128.640(2)(a)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: O.R.S. § 128.640(2)(a)

Small organizations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-SMALLO-NS

REGULATORY BODY: Not Specific

NOTES: NO

Educational Institutions

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-EDUCAT-NS

REGULATORY BODY: Not Specific

NOTES: NO

Governmental Organizations

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

OR Code § 128.640(1)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: O.R.S. § 128.640(1)

Hospitals

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-HOSPIT-NS

REGULATORY BODY: Not Specific

NOTES: NO

Veterans organizations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-VETERA-NS

REGULATORY BODY: Not Specific

NOTES: NO

Foundations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-FNDYES-NS

REGULATORY BODY: Not Specific

NOTES: NO

Foundations that don’t solicit contributions

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-FNDNOS-NS

REGULATORY BODY: Not Specific

NOTES: NO

Charitable Trusts

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-CTRUST-NS

REGULATORY BODY: Not Specific

NOTES: NO

Parent-Teacher Organizations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-PTOEDU-NS

REGULATORY BODY: Not Specific

NOTES: NO

Reports to congress

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-CONGRE-NS

REGULATORY BODY: Not Specific

NOTES: NO

Non-soliciting

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-NONSOL-NS

REGULATORY BODY: Not Specific

NOTES: NO

Fraternal/ Membership

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

ORGTYPE-MEMFRA-NS

REGULATORY BODY: Not Specific

NOTES: Yes: O.R.S. 128.801 specifies that “‘Charitable purpose’ means any purpose to promote the well-being of the public at large, or for the benefit of an indefinite number of persons,” so solicitation for a membership org is excluded.

Political Orgs

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

OR Code § 128.801

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: O.R.S. § 128.801 (exempt from solicitation requirements)

Other

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

OR Code § 128.640(2)(b))

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Cemeteries (O.R.S. § 128.640(2)(b)), child-care agencies (O.R.S. § 128.640(2)(d))

OR Code § 128.640(2)(d))

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Cemeteries (O.R.S. § 128.640(2)(b)), child-care agencies (O.R.S. § 128.640(2)(d))

8 Defined remedies

Dissolution

Regulatory Action: REMEDY

YES: A regulation is defined in the state

OR Code § 128.710

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Or. Rev. Stat. Ann. § 128.710

Removal of Board Members

Regulatory Action: REMEDY

YES: A regulation is defined in the state

OR Code § 128.710

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Or. Rev. Stat. Ann. § 128.710

9 Oversight of professional fundraisers

Does the state require registration by commercial fundraisers?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

OR Code § 128.802

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Professional fund raising firm: Or. Rev. Stat. § 128.802; Commercial fund raising firm: Or. Rev. Stat. § 128.821

OR Code § 128.821

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Professional fund raising firm: Or. Rev. Stat. § 128.802; Commercial fund raising firm: Or. Rev. Stat. § 128.821

Does the state require registration by fundraising counsel?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

FNDRAZE-COUNSL-NS

REGULATORY BODY: Not Specific

NOTES: Registration for counsel who advise on direct mail, have access to contributions, or have authority to pay expenses. see https://www.doj.state.or.us/charitable-activities/for-professional-fundraisers/for-professional-fundraisers/

Does the state oversee commercial-coventuring (e.g. by requiring that the co-venture be registered or by requiring that the charitable organization files the co-venture contract)?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

OR Code § 128.821

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Registration: Or. Rev. Stat. § 128.821; Accounting requirements: Or. Rev. Stat. § 128.848

OR Code § 128.848

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Registration: Or. Rev. Stat. § 128.821; Accounting requirements: Or. Rev. Stat. § 128.848

Does the state require the fundraisers to provide notice to the regulator before any solicitation campaign (in addition to annual registration and/or filing the contract)?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

OR Code § 128.804

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: According to Or. Rev. Stat. § 128.804, “Prior to each solicitation campaign to be conducted in this state, where the services of a professional fund raising firm are employed, the firm shall file a completed fund raising notice on forms prescribed by the Attorney General.”; Or. Rev. Stat. § 128.826

OR Code § 128.826

REGULATORY BODY: Not Specific

STATUTE TEXT:

Does the state require specified disclosures to donors?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

OR Code § 128.809

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Or. Rev. Stat. § 128.809: Required disclosure of agency by solicitors; Or. Rev. Stat. § 128.824: Disclosures required in commercial fund raising solicitations

OR Code § 128.824

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Or. Rev. Stat. § 128.809: Required disclosure of agency by solicitors; Or. Rev. Stat. § 128.824: Disclosures required in commercial fund raising solicitations

Does the state require a copy of any contract between a charitable organization and a commercial fundraiser or fundraising counsel be filed with the regulator?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

OR Code § 128.826

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Or. Rev. Stat. § 128.826

Does the state require annual financial reporting by commercial fundraisers?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

OR Code § 128.812

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: According to Or. Rev. Stat. § 128.812, “Within 90 days after a solicitation campaign has been completed, unless funds are to be collected by the nonprofit beneficiary, the professional fund raising firm shall file with the Attorney General a financial report for the campaign, including gross receipts and all expenditures incurred in the solicitation campaign.”; Or. Rev. Stat. § 128.841

OR Code § 128.841

REGULATORY BODY: Not Specific

STATUTE TEXT:

Does the state require bonding of professional fundraisers?

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

FNDRAZE-BONDNG-NS

REGULATORY BODY: Not Specific