# ORS § 78.1070: 78.1070 Whether indorsement, instruction or entitlement order is effective

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C78_S78.1070

## Section

- **Citation:** ORS § 78.1070
- **Heading:** 78.1070 Whether indorsement, instruction or entitlement order is effective
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 8 / Chapter 78 / Section 78.1070

## Text

(1) “Appropriate person” means:

(a) With respect to an indorsement, the person specified by a security certificate or by an effective special indorsement to be entitled to the security;

(b) With respect to an instruction, the registered owner of an uncertificated security;

(c) With respect to an entitlement order, the entitlement holder;

(d) If the person designated in paragraph (a), (b) or (c) of this subsection is deceased, the designated person’s successor taking under other law, or the designated person’s personal representative acting for the estate of the decedent; or

(e) If the person designated in paragraph (a), (b) or (c) of this subsection lacks capacity, the designated person’s guardian, conservator or other similar representative who has power under other law to transfer the security or financial asset.

(2) An indorsement, instruction or entitlement order is effective if:

(a) It is made by the appropriate person;

(b) It is made by a person who has power under the law of agency to transfer the security or financial asset on behalf of the appropriate person, including, in the case of an instruction or entitlement order, a person who has control under ORS 78.1060 (Control) (3)(b) or (4)(b); or

(c) The appropriate person has ratified it or is otherwise precluded from asserting its ineffectiveness.

(3) An indorsement, instruction or entitlement order made by a representative is effective even if:

(a) The representative has failed to comply with a controlling instrument or with the law of the state having jurisdiction of the representative relationship, including any law requiring the representative to obtain court approval of the transaction; or

(b) The representative’s action in making the indorsement, instruction or entitlement order or using the proceeds of the transaction is otherwise a breach of duty.

(4) If a security is registered in the name of or specially indorsed to a person described as a representative, or if a securities account is maintained in the name of a person described as a representative, an indorsement, instruction or entitlement order made by the person is effective even though the person is no longer serving in the described capacity.

(5) Effectiveness of an indorsement, instruction or entitlement order is determined as of the date the indorsement, instruction or entitlement order is made, and an indorsement, instruction or entitlement order does not become ineffective by reason of any later change of circumstances. [1985 c.676 § 78.1070 (Whether indorsement, instruction or entitlement order is effective) ; 1995 c.328 §7]

Source: Section 78.1070 — Whether indorsement, instruction or entitlement order is effective , https://www.­oregonlegislature.­gov/bills_laws/ors/ors078.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 78.1010 78.1010 Short title](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C78_S78.1010.md)
- [ORS § 78.1020 78.1020 Definitions and index of definitions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C78_S78.1020.md)
- [ORS § 78.1030 78.1030 Rules for determining whether certain obligations and interests are securities or financial assets](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C78_S78.1030.md)
- [ORS § 78.1040 78.1040 Acquisition of security or financial asset or interest therein](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C78_S78.1040.md)
- [ORS § 78.1050 78.1050 Notice of adverse claim](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C78_S78.1050.md)
- [ORS § 78.1060 78.1060 Control](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C78_S78.1060.md)
- [ORS § 78.1070 78.1070 Whether indorsement, instruction or entitlement order is effective](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C78_S78.1070.md)
- [ORS § 78.1080 78.1080 Warranties in direct holding](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C78_S78.1080.md)
- [ORS § 78.1090 78.1090 Warranties in indirect holding](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C78_S78.1090.md)
- [ORS § 78.1100 78.1100 Applicability](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C78_S78.1100.md)
- [ORS § 78.1110 78.1110 Clearing corporation rules](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C78_S78.1110.md)
- [ORS § 78.1120 78.1120 Creditor’s legal process](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C78_S78.1120.md)
- [ORS § 78.1130 78.1130 Statute of frauds inapplicable](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C78_S78.1130.md)
- [ORS § 78.1140 78.1140 Evidentiary rules concerning certificated securities](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C78_S78.1140.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C78_S78.1070. Check the current official text before relying on it. Not legal advice.