ORS 98.324: Digital assets; transfer; liquidation; rules.

(1) A digital asset is presumed abandoned three years after the latest owner contact by the apparent owner. (2)(a) If the holder has private keys, credentials or other information necessary to effectuate a transfer of digital assets presumed abandoned, the holder shall report the digital assets under ORS 98.352 and, within 30 days after filing the report, shall deliver the digital assets in native form to the custody of the State Treasurer in accordance with directions of the State Treasurer. Within 30 days after delivery of the digital assets, the holder shall provide the State Treasurer with reconciliation of the delivered assets with respect to the report filed regarding the assets. (b) If the holder does not have sufficient information to effectuate a transfer of the digital assets, the holder shall maintain possession of the digital assets until the holder acquires the information necessary to effectuate a transfer. (c) If a holder is unable to transfer digital assets presumed abandoned, the holder shall send notice to the owner annually using the primary method used to communicate with the owner, which may include standard mail, email or other electronic methods of communication. The notice must: (A) Be sent directly to the owner; (B) Inform the owner of the existence of the digital assets; and (C) Seek to confirm the owner’s interest in the digital assets. (3) The State Treasurer may decline to accept digital assets presumed abandoned if the State Treasurer, in the State Treasurer’s discretion, determines that the digital assets are not freely transferable, are of nominal value or have value of less than the estimated expenses of maintenance, notice and sale of the property. The State Treasurer may also prescribe by rule classes or types of digital assets exempt from reporting or liquidation. (4) The State Treasurer, at the State Treasurer’s discretion, may direct a holder of unclaimed digital assets to liquidate the digital assets. Such liquidation must occur within 30 days after the filing of a report under ORS 98.352. A holder may transfer digital assets to a state-owned account held by the holder before liquidation. If a holder reasonably believes it cannot liquidate digital assets and cannot otherwise cause digital assets to be liquidated, the holder shall promptly notify the State Treasurer in writing and explain the reasons why the digital assets cannot be liquidated as otherwise required under this subsection. The State Treasurer shall then direct the holder concerning an alternative disposition of such digital assets. (5) An owner does not have recourse against the State Treasurer or a holder to recover any gain in value that occurs after the liquidation of digital assets under subsection (4) of this section. [2025 c.463 §10]