648.007 Requirementto register assumed business name and service mark; exceptions
648.008 Optionalregistration of real and true name
648.010 Registrationof assumed business name; contents of application; designation ofrepresentative; effect
648.012 Registrationduty of Secretary of State
648.014 Forms;rules
648.017 Renewalof registration; fee; contents of application; rules; effect of failure torenew; notice
648.025 Amendmentof registration; application; required signatures; statement of withdrawal,incapacity or death; designation of representative
648.029 Alterationof registration to reflect corporate structure change
648.051 Whenregistration refused; affidavit of applicant; registration effective untilcanceled
648.055 Cancellationof registration upon dissolution or when corporate authority withdrawn orrevoked
648.057 Cancellationof registration upon termination of business; signature of registrant; delivery
648.061 Consentof nonresident persons to service of process
648.070 Serviceof process on nonresident
648.081 Falseor fraudulent registration prohibited; cancellation of conflictingregistration; effect on other remedies
648.115 Filing,service, copying and certification fees
648.125 Rules
648.135 Effectof violation of ORS 648.007; damages and attorney fees; effect on other laws
648.990 Penalties
648.005Definitions.As used in this chapter:
(1)“Assumed business name” means one or more words or numerals, or a combinationof words and numerals, that a person uses to identify any business that theperson carries on, conducts or transacts, if at the time and place that theperson carries on, conducts or transacts the business, the person does notconspicuously disclose the real and true name of each person that is carryingon, conducting or transacting the business. Any name that a person uses toidentify a business that includes a word or phrase that suggests the existenceof additional owners, such as “Company,” “& Company,” “& Daughters,” “&Associates,” or a similar word or phrase, is an assumed business name, unlessthe name is the real and true name of the person that carries on, conducts ortransacts the business.
(2)“Business” includes activity carried on, conducted or transacted by or onbehalf of nonprofit, social, fraternal and charitable entities andunincorporated associations, as well as activity carried on, conducted ortransacted for commercial gain.
(3)“Carry on, conduct or transact business” means:
(a)To sell or to lease to another, real estate, goods, intangible property orservices;
(b)To purchase or to lease from another, real estate, goods, intangible propertyor services;
(c)To solicit an investment in or a donation to a business;
(d)Knowingly to permit another person to solicit an investment in or a donation toa business in which one has an interest; or
(e)To apply for an extension of credit.
(4)“Entity” includes a foreign or domestic corporation, foreign or domesticnonprofit corporation, foreign or domestic profit or nonprofit unincorporatedassociation, foreign or domestic business trust, foreign or domestic limitedpartnership, foreign or domestic general partnership, foreign or domesticlimited liability company, two or more persons having a joint or commoneconomic interest, any state, the United States, a federally recognized NativeAmerican or American Indian tribal government or any foreign government.
(5)“Person” includes individual and entity.
(6)“Real and true name” means:
(a)The surname of an individual coupled with a combination of the individual’sgiven names and initials;
(b)The corporate name of a domestic corporation stated in the articles ofincorporation or amendment filed with the Office of the Secretary of State orthe corporate name of a foreign corporation as stated under ORS 60.707 (1);
(c)The name of a foreign or domestic limited partnership stated in the documentsfiled with the Office of the Secretary of State under ORS chapter 70;
(d)The name of a foreign or domestic limited liability company stated in thedocuments filed with the Office of the Secretary of State under ORS chapter 63;
(e)The name of a foreign or domestic nonprofit corporation stated in the documentsfiled with the Office of the Secretary of State under ORS chapter 65;
(f)The name of a foreign or domestic general partnership stated in any documentsfiled with the Office of the Secretary of State under this chapter; or
(g)The name of a foreign or domestic business trust or estate stated in anydocuments filed with the Office of the Secretary of State.
(7)“Service mark” has the meaning given in ORS 647.005. [1963 c.551 §1; 1967 c.269§5; 1971 c.194 §1; 1971 c.594 §35; 1985 c.677 §66a; 1985 c.728 §90; 1987 c.94 §105;1995 c.454 §3; 2009 c.14 §6; 2009 c.294 §19]
648.007Requirement to register assumed business name and service mark; exceptions. (1) No personshall carry on, conduct or transact business under an assumed business name ina county where the business is located, where a physical facility of thebusiness is located or where an employee of the business is stationed, unlessthe person has registered the assumed business name as provided in this chapterand maintains a current registration.
(2)A person shall register a service mark as an assumed business name if theperson carries on, conducts or transacts business under the service mark andthe person does not disclose conspicuously the person’s real and true name atthe time and place that the person carries on, conducts or transacts business.
(3)ORS 648.010 and subsection (1) of this section do not apply to:
(a)A foreign corporation that applied for and was issued a certificate of authorityprior to September 20, 1985, and that carries on, conducts or transactsbusiness in this state exclusively under the name that it stated in itsapplication that it elects to use in this state, as shown on the records of theOffice of the Secretary of State.
(b)A partnership which uses the surname of all or some of the partners all of whomare licensed by a common licensure board or commission.
(c)A mutual and voluntary association composed of 10 or more farmers andlandowners formed for the purpose of constructing, owning and operatingreservoirs, irrigation ditches and irrigation works. The secretary of eachassociation shall maintain a complete and current record of the association’smembers, and shall furnish a copy of the record upon request.
(4)Nothing in this chapter shall preclude a person from registering more than oneassumed business name. [1985 c.728 §92]
648.008Optional registration of real and true name. (1) Notwithstanding anyprovision of this chapter, a person that will carry on, conduct or transactbusiness under the real and true name of the person may apply for registrationof the real and true name with the Office of the Secretary of State.
(2)An application for registration of a real and true name shall be treated in thesame manner as an application to register an assumed business name under thischapter. If a real and true name is registered under this chapter, allprovisions of this chapter applicable to an assumed business name shall alsoapply to a real and true name. [1995 c.454 §2]
648.010Registration of assumed business name; contents of application; designation ofrepresentative; effect. (1) Each person who will carry on, conduct ortransact business under an assumed business name shall sign an application toregister the assumed business name and shall submit the application to theOffice of the Secretary of State, with the fee prescribed by this chapter. Allof the persons who will carry on, conduct or transact a single business underan assumed business name shall file a consolidated application to register theassumed business name.
(2)The application shall state:
(a)The assumed business name to be registered. The applicant shall write theassumed business name in the alphabet used to write the English language. Theassumed business name may include numerals and incidental punctuation.
(b)The real and true name and street address of each person who intends to carryon, conduct or transact business under the assumed business name.
(c)The principal address at which the applicant intends to carry on, conduct ortransact business and a listing of each county in which the applicant intendsto carry on, conduct or transact business to the extent that ORS 648.007 wouldrequire the applicant to register the assumed business name for that county.
(d)The name and the mailing address of the person whom the applicant authorizes torepresent the applicant in transactions with the Office of the Secretary ofState with respect to the registration. All of the registrants of an assumedbusiness name for a single business shall designate the same person under thissubsection.
(e)The applicant’s primary business activity.
(f)Any other information that the Secretary of State by rule may require.
(3)The person named in the application to be authorized to represent the applicantis authorized to receive notices under this chapter and to perform any dutythat this chapter requires of the registrant of the assumed business name, butis not by the application or registration made the registrant’s agent for theservice of process. [Amended by 1961 c.355 §1; 1963 c.551 §2; 1969 c.154 §1;1971 c.194 §2; 1985 c.728 §94; 1987 c.843 §21; 1995 c.454 §4; 2007 c.186 §18]
648.012Registration duty of Secretary of State. (1) If an application delivered to theOffice of the Secretary of State for filing satisfies the requirements of ORS648.010, the Secretary of State shall register it.
(2)The Secretary of State registers an application by indicating thereon that ithas been filed by the Secretary of State and the date of registration.
(3)If the Secretary of State refuses to register an assumed business name, theSecretary of State shall return the application to the applicant within 10business days after the application was delivered together with a brief writtenexplanation of the reason for the refusal.
(4)The duty of the Secretary of State to register assumed business names underthis section is ministerial. The Secretary of State is not required to verifyor inquire into the legality or truth of any matter included in any applicationdelivered to the Office of the Secretary of State. The Secretary of State’sregistering or refusing to register an assumed business name does not:
(a)Affect the validity or invalidity of the application in whole or part; or
(b)Relate to the correctness or incorrectness of information contained in theapplication.
(5)The Secretary of State’s refusal to register an assumed business name does notcreate a presumption that the application is invalid or that informationcontained in the application is incorrect. [1995 c.454 §13]
648.014Forms; rules.(1) Upon request, the Secretary of State may furnish forms for documentsrequired or permitted to be filed by this chapter.
(2)The Secretary of State may by rule require the use of the forms. [1995 c.454 §14]
648.017Renewal of registration; fee; contents of application; rules; effect of failureto renew; notice.(1) A registrant must apply to renew a registration of an assumed business namewithin 30 days before the second anniversary of the date that the Secretary ofState registered the assumed business name and each second anniversarythereafter. The registrant must apply to the Office of the Secretary of Statefor renewal of the registration and submit with the renewal a renewal fee. Theapplication for renewal must include all identifying information required byrule of the Secretary of State. Failure to apply for renewal and pay therequired fee is grounds for administrative cancellation of the registration.
(2)Not less than 30 days before the application for renewal is due, the Secretaryof State shall notify each authorized representative of the requirement toapply for renewal. The notice shall indicate the date by which the renewalapplication must be submitted, and shall include the renewal application. Thenotice shall state that if the registrant fails to submit the renewal applicationand renewal fee on or before the renewal deadline, the registration of theassumed business name will be canceled without further notice.
(3)If the Secretary of State finds that the application for renewal conforms tothe requirements of this section, and all fees have been paid, the Secretary ofState shall renew the registration. [1969 c.154 §6; 1977 c.78 §6; 1981 c.633 §75;1985 c.728 §98; 1987 c.94 §161]
648.020 [Repealed by1963 c.551 §21]
648.025Amendment of registration; application; required signatures; statement ofwithdrawal, incapacity or death; designation of representative. (1) Anapplication to amend a registration of an assumed business name shall bedelivered to the Office of the Secretary of State for filing within 60 days afterany of the following occurs:
(a)There is a change in the identity, names or addresses of the persons carryingon, conducting or transacting the business for which the assumed business nameis registered;
(b)There is a change in the identity, name or address of the person authorized torepresent the registrant or registrants;
(c)The registrant commences to carry on, to conduct or to transact business underthe assumed business name in a county or counties different from those that theregistrant stated in the application where the registrant intended to carry on,to conduct or to transact business under the assumed business name; or
(d)The address of the principal place of business is changed.
(2)Except as provided in this subsection, the application required by subsection(1) of this section shall be signed by the registrant, if the registrant is anindividual, by the officer of a foreign or domestic corporation who isauthorized to sign, if the registrant is a foreign or domestic corporation, bya general partner of a foreign or domestic limited partnership, if theregistrant is a foreign or domestic limited partnership, by a manager of aforeign or domestic limited liability company, or by a member of a foreign ordomestic member-managed limited liability company, if the registrant is aforeign or domestic limited liability company, or by a trustee of a foreign ordomestic business trust, if the registrant is a foreign or domestic businesstrust. The application required by subsection (1) of this section may be signedby the authorized representative instead of the registrant or registrants inany of the following cases:
(a)The address of a person under subsection (1)(a) or (b) of this section ischanged.
(b)Any county is added or deleted under subsection (1)(c) of this section.
(c)The address of the principal place of business under subsection (1)(d) of thissection is changed.
(3)Whenever any person having an interest in a business with a registered assumedbusiness name withdraws from the business or dies, the person who iswithdrawing, or in case of the person’s death or incapacity, the legalrepresentative of such person or the authorized representative, shall submit tothe Office of the Secretary of State a statement of such withdrawal, incapacityor death.
(4)The amendment of the registration of an assumed business name supersedes theoriginal registration of the assumed business name on all matters amended butdoes not renew the registration as required under ORS 648.017.
(5)The Secretary of State may designate by rule who shall be the authorizedrepresentative if the authorized representative withdraws and no new authorizedrepresentative is appointed within the time period prescribed in this section. [1963c.551 §6; 1969 c.154 §3; 1981 c.633 §76; 1985 c.728 §99; 1987 c.94 §162; 1995c.454 §6]
648.029Alteration of registration to reflect corporate structure change. Where adomestic corporation is the registrant of an assumed business name and thecorporation merges or amends its articles of incorporation to change itscorporate name or a foreign corporation procures an amended certificate ofauthority, the Secretary of State may alter the assumed business nameregistration to indicate the surviving or changed corporate name. [1969 c.154 §8;1995 c.454 §7]
Note: 648.029 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 648 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
648.051When registration refused; affidavit of applicant; registration effective untilcanceled.(1) Subject to subsection (2) of this section, the Secretary of State shallregister the assumed business name contained in the application.
(2)The Secretary of State shall not register the assumed business name if theSecretary of State determines that the assumed business name is notdistinguishable on the records of the Office of the Secretary of State from anotherassumed business name or from the name of a person, including a reserved nameor registered name of active record with the Office of the Secretary of Stateexcept as provided in subsection (3) of this section.
(3)The Secretary of State shall register an assumed business name if the applicantsubmits for filing an affidavit that the applicant has a right to use theassumed business name in the county or counties stated in the application forthe character of business that the applicant will carry on, conduct or transactunder the assumed business name. The affidavit shall state:
(a)That the affiant has been advised of the penalties for false swearing;
(b)The facts upon which the affidavit is based and that the affiant swears to theexistence of the facts from the affiant’s own knowledge; and
(c)That the affiant believes that the facts stated are sufficient to establisheither:
(A)That prior use of the name by the applicant or by the licensor of the applicanthas vested in the applicant a right to use the assumed business name for thecharacter of business stated in the application in the county or countieslisted in the application; or
(B)That the character of business that the applicant intends to carry on, conductor transact under the assumed business name will not so resemble the characterof business, if any, that the person who filed, reserved or registered theassumed business name or the name of the person identified under subsection (2)of this section conducts under the name in the county or any of the countieslisted in the application as to be likely to cause confusion or mistake or todeceive.
(4)The registration of an assumed business name remains in effect until canceled. [1985c.728 §96; 1995 c.454 §8]
648.055Cancellation of registration upon dissolution or when corporate authoritywithdrawn or revoked.(1) If the only registrant of an assumed business name is a domesticcorporation that has been dissolved, the Secretary of State may cancel theregistration.
(2)If the only registrant of an assumed business name is a foreign corporationwhose authority to transact business in this state has been withdrawn orrevoked, the Secretary of State may cancel the registration. [1969 c.154 §7;1987 c.94 §165; 2005 c.22 §452]
648.057Cancellation of registration upon termination of business; signature ofregistrant; delivery.(1) An assumed business name must be canceled not later than the 60th day afterthe registrant or registrants of the assumed business name cease doing businessunder that name.
(2)The application required by subsection (1) of this section shall be signed bythe registrant or registrants of the assumed business name or by the authorizedrepresentative of the registrant or registrants and shall be delivered to the Officeof the Secretary of State for filing. [1987 c.94 §164]
648.060 [Amended by1963 c.551 §9; repealed by 1967 c.152 §1 (648.061 enacted in lieu of 648.060)]
648.061Consent of nonresident persons to service of process. Any of thepersons not domiciled within this state or foreign persons not authorized to dobusiness within this state who appear as persons who will carry on, conduct ortransact business under an assumed business name in an application forregistration filed under ORS 648.010 shall be deemed to have appointed theSecretary of State as agent upon whom may be served at any time any process,notice or demand required or permitted by law to be served upon them. [1967c.152 §2 (enacted in lieu of 648.060); 1995 c.454 §9]
648.070Service of process on nonresident. A person making service of processauthorized by ORS 648.061 shall make the service by delivering a copy of theprocess in person or by certified mail to the Office of the Secretary of State.The service shall be sufficient and valid personal service upon the persons notdomiciled in this state to whom ORS 648.061 applies if the plaintiffimmediately sends notice of the service and a copy of the process by certifiedmail to the principal office of the persons against whom the process orpleadings are directed, and the return receipt of the latter and plaintiff’saffidavit of compliance with this section are appended to the process andentered as a part of the return thereof. The defendant persons against whom theprocess or pleadings are directed shall have 30 days after the date of mailingof the process or pleadings in which to appear and plead. Personal serviceoutside the state in accordance with the statutes of Oregon relating topersonal service of summons outside the state shall relieve the plaintiff frommailing copies of the summons or process by registered mail as provided in thissection. [Amended by 1963 c.551 §10; 1983 c.717 §33; 1991 c.132 §24]
648.080 [Amended by1963 c.551 §11; repealed by 1985 c.728 §110]
648.081False or fraudulent registration prohibited; cancellation of conflictingregistration; effect on other remedies. (1) No person shall procure or maintainthe registration of an assumed business name with the Office of the Secretaryof State by knowingly making any false or fraudulent representation ordeclaration, orally or in writing, or by any other fraudulent means. No personshall register or use an assumed business name with an intent to create alikelihood of confusion with another person.
(2)A person that is not a corporation, limited liability company, business trustor limited partnership violates subsection (1) of this section if the personregisters an assumed business name that contains the words “corporation,” “incorporated,”“limited liability company,” “limited partnership” or “business trust” or anabbreviation of any of those terms.
(3)A foreign or domestic profit or nonprofit corporation may register as anassumed business name its corporate name minus the word, abbreviation or phrasethat ORS 60.094 or 60.717 requires.
(4)A foreign or domestic limited liability company may register as an assumedbusiness name its limited liability company name minus the word, abbreviationor phrase that ORS 63.094 or 63.717 requires.
648.007 Requirementto register assumed business name and service mark; exceptions
648.008 Optionalregistration of real and true name
648.010 Registrationof assumed business name; contents of application; designation ofrepresentative; effect
648.012 Registrationduty of Secretary of State
648.014 Forms;rules
648.017 Renewalof registration; fee; contents of application; rules; effect of failure torenew; notice
648.025 Amendmentof registration; application; required signatures; statement of withdrawal,incapacity or death; designation of representative
648.029 Alterationof registration to reflect corporate structure change
648.051 Whenregistration refused; affidavit of applicant; registration effective untilcanceled
648.055 Cancellationof registration upon dissolution or when corporate authority withdrawn orrevoked
648.057 Cancellationof registration upon termination of business; signature of registrant; delivery
648.061 Consentof nonresident persons to service of process
648.070 Serviceof process on nonresident
648.081 Falseor fraudulent registration prohibited; cancellation of conflictingregistration; effect on other remedies
648.115 Filing,service, copying and certification fees
648.125 Rules
648.135 Effectof violation of ORS 648.007; damages and attorney fees; effect on other laws
648.990 Penalties
648.005Definitions.As used in this chapter:
(1)“Assumed business name” means one or more words or numerals, or a combinationof words and numerals, that a person uses to identify any business that theperson carries on, conducts or transacts, if at the time and place that theperson carries on, conducts or transacts the business, the person does notconspicuously disclose the real and true name of each person that is carryingon, conducting or transacting the business. Any name that a person uses toidentify a business that includes a word or phrase that suggests the existenceof additional owners, such as “Company,” “& Company,” “& Daughters,” “&Associates,” or a similar word or phrase, is an assumed business name, unlessthe name is the real and true name of the person that carries on, conducts ortransacts the business.
(2)“Business” includes activity carried on, conducted or transacted by or onbehalf of nonprofit, social, fraternal and charitable entities andunincorporated associations, as well as activity carried on, conducted ortransacted for commercial gain.
(3)“Carry on, conduct or transact business” means:
(a)To sell or to lease to another, real estate, goods, intangible property orservices;
(b)To purchase or to lease from another, real estate, goods, intangible propertyor services;
(c)To solicit an investment in or a donation to a business;
(d)Knowingly to permit another person to solicit an investment in or a donation toa business in which one has an interest; or
(e)To apply for an extension of credit.
(4)“Entity” includes a foreign or domestic corporation, foreign or domesticnonprofit corporation, foreign or domestic profit or nonprofit unincorporatedassociation, foreign or domestic business trust, foreign or domestic limitedpartnership, foreign or domestic general partnership, foreign or domesticlimited liability company, two or more persons having a joint or commoneconomic interest, any state, the United States, a federally recognized NativeAmerican or American Indian tribal government or any foreign government.
(5)“Person” includes individual and entity.
(6)“Real and true name” means:
(a)The surname of an individual coupled with a combination of the individual’sgiven names and initials;
(b)The corporate name of a domestic corporation stated in the articles ofincorporation or amendment filed with the Office of the Secretary of State orthe corporate name of a foreign corporation as stated under ORS 60.707 (1);
(c)The name of a foreign or domestic limited partnership stated in the documentsfiled with the Office of the Secretary of State under ORS chapter 70;
(d)The name of a foreign or domestic limited liability company stated in thedocuments filed with the Office of the Secretary of State under ORS chapter 63;
(e)The name of a foreign or domestic nonprofit corporation stated in the documentsfiled with the Office of the Secretary of State under ORS chapter 65;
(f)The name of a foreign or domestic general partnership stated in any documentsfiled with the Office of the Secretary of State under this chapter; or
(g)The name of a foreign or domestic business trust or estate stated in anydocuments filed with the Office of the Secretary of State.
(7)“Service mark” has the meaning given in ORS 647.005. [1963 c.551 §1; 1967 c.269§5; 1971 c.194 §1; 1971 c.594 §35; 1985 c.677 §66a; 1985 c.728 §90; 1987 c.94 §105;1995 c.454 §3; 2009 c.14 §6; 2009 c.294 §19]
648.007Requirement to register assumed business name and service mark; exceptions. (1) No personshall carry on, conduct or transact business under an assumed business name ina county where the business is located, where a physical facility of thebusiness is located or where an employee of the business is stationed, unlessthe person has registered the assumed business name as provided in this chapterand maintains a current registration.
(2)A person shall register a service mark as an assumed business name if theperson carries on, conducts or transacts business under the service mark andthe person does not disclose conspicuously the person’s real and true name atthe time and place that the person carries on, conducts or transacts business.
(3)ORS 648.010 and subsection (1) of this section do not apply to:
(a)A foreign corporation that applied for and was issued a certificate of authorityprior to September 20, 1985, and that carries on, conducts or transactsbusiness in this state exclusively under the name that it stated in itsapplication that it elects to use in this state, as shown on the records of theOffice of the Secretary of State.
(b)A partnership which uses the surname of all or some of the partners all of whomare licensed by a common licensure board or commission.
(c)A mutual and voluntary association composed of 10 or more farmers andlandowners formed for the purpose of constructing, owning and operatingreservoirs, irrigation ditches and irrigation works. The secretary of eachassociation shall maintain a complete and current record of the association’smembers, and shall furnish a copy of the record upon request.
(4)Nothing in this chapter shall preclude a person from registering more than oneassumed business name. [1985 c.728 §92]
648.008Optional registration of real and true name. (1) Notwithstanding anyprovision of this chapter, a person that will carry on, conduct or transactbusiness under the real and true name of the person may apply for registrationof the real and true name with the Office of the Secretary of State.
(2)An application for registration of a real and true name shall be treated in thesame manner as an application to register an assumed business name under thischapter. If a real and true name is registered under this chapter, allprovisions of this chapter applicable to an assumed business name shall alsoapply to a real and true name. [1995 c.454 §2]
648.010Registration of assumed business name; contents of application; designation ofrepresentative; effect. (1) Each person who will carry on, conduct ortransact business under an assumed business name shall sign an application toregister the assumed business name and shall submit the application to theOffice of the Secretary of State, with the fee prescribed by this chapter. Allof the persons who will carry on, conduct or transact a single business underan assumed business name shall file a consolidated application to register theassumed business name.
(2)The application shall state:
(a)The assumed business name to be registered. The applicant shall write theassumed business name in the alphabet used to write the English language. Theassumed business name may include numerals and incidental punctuation.
(b)The real and true name and street address of each person who intends to carryon, conduct or transact business under the assumed business name.
(c)The principal address at which the applicant intends to carry on, conduct ortransact business and a listing of each county in which the applicant intendsto carry on, conduct or transact business to the extent that ORS 648.007 wouldrequire the applicant to register the assumed business name for that county.
(d)The name and the mailing address of the person whom the applicant authorizes torepresent the applicant in transactions with the Office of the Secretary ofState with respect to the registration. All of the registrants of an assumedbusiness name for a single business shall designate the same person under thissubsection.
(e)The applicant’s primary business activity.
(f)Any other information that the Secretary of State by rule may require.
(3)The person named in the application to be authorized to represent the applicantis authorized to receive notices under this chapter and to perform any dutythat this chapter requires of the registrant of the assumed business name, butis not by the application or registration made the registrant’s agent for theservice of process. [Amended by 1961 c.355 §1; 1963 c.551 §2; 1969 c.154 §1;1971 c.194 §2; 1985 c.728 §94; 1987 c.843 §21; 1995 c.454 §4; 2007 c.186 §18]
648.012Registration duty of Secretary of State. (1) If an application delivered to theOffice of the Secretary of State for filing satisfies the requirements of ORS648.010, the Secretary of State shall register it.
(2)The Secretary of State registers an application by indicating thereon that ithas been filed by the Secretary of State and the date of registration.
(3)If the Secretary of State refuses to register an assumed business name, theSecretary of State shall return the application to the applicant within 10business days after the application was delivered together with a brief writtenexplanation of the reason for the refusal.
(4)The duty of the Secretary of State to register assumed business names underthis section is ministerial. The Secretary of State is not required to verifyor inquire into the legality or truth of any matter included in any applicationdelivered to the Office of the Secretary of State. The Secretary of State’sregistering or refusing to register an assumed business name does not:
(a)Affect the validity or invalidity of the application in whole or part; or
(b)Relate to the correctness or incorrectness of information contained in theapplication.
(5)The Secretary of State’s refusal to register an assumed business name does notcreate a presumption that the application is invalid or that informationcontained in the application is incorrect. [1995 c.454 §13]
648.014Forms; rules.(1) Upon request, the Secretary of State may furnish forms for documentsrequired or permitted to be filed by this chapter.
(2)The Secretary of State may by rule require the use of the forms. [1995 c.454 §14]
648.017Renewal of registration; fee; contents of application; rules; effect of failureto renew; notice.(1) A registrant must apply to renew a registration of an assumed business namewithin 30 days before the second anniversary of the date that the Secretary ofState registered the assumed business name and each second anniversarythereafter. The registrant must apply to the Office of the Secretary of Statefor renewal of the registration and submit with the renewal a renewal fee. Theapplication for renewal must include all identifying information required byrule of the Secretary of State. Failure to apply for renewal and pay therequired fee is grounds for administrative cancellation of the registration.
(2)Not less than 30 days before the application for renewal is due, the Secretaryof State shall notify each authorized representative of the requirement toapply for renewal. The notice shall indicate the date by which the renewalapplication must be submitted, and shall include the renewal application. Thenotice shall state that if the registrant fails to submit the renewal applicationand renewal fee on or before the renewal deadline, the registration of theassumed business name will be canceled without further notice.
(3)If the Secretary of State finds that the application for renewal conforms tothe requirements of this section, and all fees have been paid, the Secretary ofState shall renew the registration. [1969 c.154 §6; 1977 c.78 §6; 1981 c.633 §75;1985 c.728 §98; 1987 c.94 §161]
648.020 [Repealed by1963 c.551 §21]
648.025Amendment of registration; application; required signatures; statement ofwithdrawal, incapacity or death; designation of representative. (1) Anapplication to amend a registration of an assumed business name shall bedelivered to the Office of the Secretary of State for filing within 60 days afterany of the following occurs:
(a)There is a change in the identity, names or addresses of the persons carryingon, conducting or transacting the business for which the assumed business nameis registered;
(b)There is a change in the identity, name or address of the person authorized torepresent the registrant or registrants;
(c)The registrant commences to carry on, to conduct or to transact business underthe assumed business name in a county or counties different from those that theregistrant stated in the application where the registrant intended to carry on,to conduct or to transact business under the assumed business name; or
(d)The address of the principal place of business is changed.
(2)Except as provided in this subsection, the application required by subsection(1) of this section shall be signed by the registrant, if the registrant is anindividual, by the officer of a foreign or domestic corporation who isauthorized to sign, if the registrant is a foreign or domestic corporation, bya general partner of a foreign or domestic limited partnership, if theregistrant is a foreign or domestic limited partnership, by a manager of aforeign or domestic limited liability company, or by a member of a foreign ordomestic member-managed limited liability company, if the registrant is aforeign or domestic limited liability company, or by a trustee of a foreign ordomestic business trust, if the registrant is a foreign or domestic businesstrust. The application required by subsection (1) of this section may be signedby the authorized representative instead of the registrant or registrants inany of the following cases:
(a)The address of a person under subsection (1)(a) or (b) of this section ischanged.
(b)Any county is added or deleted under subsection (1)(c) of this section.
(c)The address of the principal place of business under subsection (1)(d) of thissection is changed.
(3)Whenever any person having an interest in a business with a registered assumedbusiness name withdraws from the business or dies, the person who iswithdrawing, or in case of the person’s death or incapacity, the legalrepresentative of such person or the authorized representative, shall submit tothe Office of the Secretary of State a statement of such withdrawal, incapacityor death.
(4)The amendment of the registration of an assumed business name supersedes theoriginal registration of the assumed business name on all matters amended butdoes not renew the registration as required under ORS 648.017.
(5)The Secretary of State may designate by rule who shall be the authorizedrepresentative if the authorized representative withdraws and no new authorizedrepresentative is appointed within the time period prescribed in this section. [1963c.551 §6; 1969 c.154 §3; 1981 c.633 §76; 1985 c.728 §99; 1987 c.94 §162; 1995c.454 §6]
648.029Alteration of registration to reflect corporate structure change. Where adomestic corporation is the registrant of an assumed business name and thecorporation merges or amends its articles of incorporation to change itscorporate name or a foreign corporation procures an amended certificate ofauthority, the Secretary of State may alter the assumed business nameregistration to indicate the surviving or changed corporate name. [1969 c.154 §8;1995 c.454 §7]
Note: 648.029 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 648 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
648.051When registration refused; affidavit of applicant; registration effective untilcanceled.(1) Subject to subsection (2) of this section, the Secretary of State shallregister the assumed business name contained in the application.
(2)The Secretary of State shall not register the assumed business name if theSecretary of State determines that the assumed business name is notdistinguishable on the records of the Office of the Secretary of State from anotherassumed business name or from the name of a person, including a reserved nameor registered name of active record with the Office of the Secretary of Stateexcept as provided in subsection (3) of this section.
(3)The Secretary of State shall register an assumed business name if the applicantsubmits for filing an affidavit that the applicant has a right to use theassumed business name in the county or counties stated in the application forthe character of business that the applicant will carry on, conduct or transactunder the assumed business name. The affidavit shall state:
(a)That the affiant has been advised of the penalties for false swearing;
(b)The facts upon which the affidavit is based and that the affiant swears to theexistence of the facts from the affiant’s own knowledge; and
(c)That the affiant believes that the facts stated are sufficient to establisheither:
(A)That prior use of the name by the applicant or by the licensor of the applicanthas vested in the applicant a right to use the assumed business name for thecharacter of business stated in the application in the county or countieslisted in the application; or
(B)That the character of business that the applicant intends to carry on, conductor transact under the assumed business name will not so resemble the characterof business, if any, that the person who filed, reserved or registered theassumed business name or the name of the person identified under subsection (2)of this section conducts under the name in the county or any of the countieslisted in the application as to be likely to cause confusion or mistake or todeceive.
(4)The registration of an assumed business name remains in effect until canceled. [1985c.728 §96; 1995 c.454 §8]
648.055Cancellation of registration upon dissolution or when corporate authoritywithdrawn or revoked.(1) If the only registrant of an assumed business name is a domesticcorporation that has been dissolved, the Secretary of State may cancel theregistration.
(2)If the only registrant of an assumed business name is a foreign corporationwhose authority to transact business in this state has been withdrawn orrevoked, the Secretary of State may cancel the registration. [1969 c.154 §7;1987 c.94 §165; 2005 c.22 §452]
648.057Cancellation of registration upon termination of business; signature ofregistrant; delivery.(1) An assumed business name must be canceled not later than the 60th day afterthe registrant or registrants of the assumed business name cease doing businessunder that name.
(2)The application required by subsection (1) of this section shall be signed bythe registrant or registrants of the assumed business name or by the authorizedrepresentative of the registrant or registrants and shall be delivered to the Officeof the Secretary of State for filing. [1987 c.94 §164]
648.060 [Amended by1963 c.551 §9; repealed by 1967 c.152 §1 (648.061 enacted in lieu of 648.060)]
648.061Consent of nonresident persons to service of process. Any of thepersons not domiciled within this state or foreign persons not authorized to dobusiness within this state who appear as persons who will carry on, conduct ortransact business under an assumed business name in an application forregistration filed under ORS 648.010 shall be deemed to have appointed theSecretary of State as agent upon whom may be served at any time any process,notice or demand required or permitted by law to be served upon them. [1967c.152 §2 (enacted in lieu of 648.060); 1995 c.454 §9]
648.070Service of process on nonresident. A person making service of processauthorized by ORS 648.061 shall make the service by delivering a copy of theprocess in person or by certified mail to the Office of the Secretary of State.The service shall be sufficient and valid personal service upon the persons notdomiciled in this state to whom ORS 648.061 applies if the plaintiffimmediately sends notice of the service and a copy of the process by certifiedmail to the principal office of the persons against whom the process orpleadings are directed, and the return receipt of the latter and plaintiff’saffidavit of compliance with this section are appended to the process andentered as a part of the return thereof. The defendant persons against whom theprocess or pleadings are directed shall have 30 days after the date of mailingof the process or pleadings in which to appear and plead. Personal serviceoutside the state in accordance with the statutes of Oregon relating topersonal service of summons outside the state shall relieve the plaintiff frommailing copies of the summons or process by registered mail as provided in thissection. [Amended by 1963 c.551 §10; 1983 c.717 §33; 1991 c.132 §24]
648.080 [Amended by1963 c.551 §11; repealed by 1985 c.728 §110]
648.081False or fraudulent registration prohibited; cancellation of conflictingregistration; effect on other remedies. (1) No person shall procure or maintainthe registration of an assumed business name with the Office of the Secretaryof State by knowingly making any false or fraudulent representation ordeclaration, orally or in writing, or by any other fraudulent means. No personshall register or use an assumed business name with an intent to create alikelihood of confusion with another person.
(2)A person that is not a corporation, limited liability company, business trustor limited partnership violates subsection (1) of this section if the personregisters an assumed business name that contains the words “corporation,” “incorporated,”“limited liability company,” “limited partnership” or “business trust” or anabbreviation of any of those terms.
(3)A foreign or domestic profit or nonprofit corporation may register as anassumed business name its corporate name minus the word, abbreviation or phrasethat ORS 60.094 or 60.717 requires.
(4)A foreign or domestic limited liability company may register as an assumedbusiness name its limited liability company name minus the word, abbreviationor phrase that ORS 63.094 or 63.717 requires.
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648.007 Requirementto register assumed business name and service mark; exceptions
648.008 Optionalregistration of real and true name
648.010 Registrationof assumed business name; contents of application; designation ofrepresentative; effect
648.012 Registrationduty of Secretary of State
648.014 Forms;rules
648.017 Renewalof registration; fee; contents of application; rules; effect of failure torenew; notice
648.025 Amendmentof registration; application; required signatures; statement of withdrawal,incapacity or death; designation of representative
648.029 Alterationof registration to reflect corporate structure change
648.051 Whenregistration refused; affidavit of applicant; registration effective untilcanceled
648.055 Cancellationof registration upon dissolution or when corporate authority withdrawn orrevoked
648.057 Cancellationof registration upon termination of business; signature of registrant; delivery
648.061 Consentof nonresident persons to service of process
648.070 Serviceof process on nonresident
648.081 Falseor fraudulent registration prohibited; cancellation of conflictingregistration; effect on other remedies
648.115 Filing,service, copying and certification fees
648.125 Rules
648.135 Effectof violation of ORS 648.007; damages and attorney fees; effect on other laws
648.990 Penalties
648.005Definitions.As used in this chapter:
(1)“Assumed business name” means one or more words or numerals, or a combinationof words and numerals, that a person uses to identify any business that theperson carries on, conducts or transacts, if at the time and place that theperson carries on, conducts or transacts the business, the person does notconspicuously disclose the real and true name of each person that is carryingon, conducting or transacting the business. Any name that a person uses toidentify a business that includes a word or phrase that suggests the existenceof additional owners, such as “Company,” “& Company,” “& Daughters,” “&Associates,” or a similar word or phrase, is an assumed business name, unlessthe name is the real and true name of the person that carries on, conducts ortransacts the business.
(2)“Business” includes activity carried on, conducted or transacted by or onbehalf of nonprofit, social, fraternal and charitable entities andunincorporated associations, as well as activity carried on, conducted ortransacted for commercial gain.
(3)“Carry on, conduct or transact business” means:
(a)To sell or to lease to another, real estate, goods, intangible property orservices;
(b)To purchase or to lease from another, real estate, goods, intangible propertyor services;
(c)To solicit an investment in or a donation to a business;
(d)Knowingly to permit another person to solicit an investment in or a donation toa business in which one has an interest; or
(e)To apply for an extension of credit.
(4)“Entity” includes a foreign or domestic corporation, foreign or domesticnonprofit corporation, foreign or domestic profit or nonprofit unincorporatedassociation, foreign or domestic business trust, foreign or domestic limitedpartnership, foreign or domestic general partnership, foreign or domesticlimited liability company, two or more persons having a joint or commoneconomic interest, any state, the United States, a federally recognized NativeAmerican or American Indian tribal government or any foreign government.
(5)“Person” includes individual and entity.
(6)“Real and true name” means:
(a)The surname of an individual coupled with a combination of the individual’sgiven names and initials;
(b)The corporate name of a domestic corporation stated in the articles ofincorporation or amendment filed with the Office of the Secretary of State orthe corporate name of a foreign corporation as stated under ORS 60.707 (1);
(c)The name of a foreign or domestic limited partnership stated in the documentsfiled with the Office of the Secretary of State under ORS chapter 70;
(d)The name of a foreign or domestic limited liability company stated in thedocuments filed with the Office of the Secretary of State under ORS chapter 63;
(e)The name of a foreign or domestic nonprofit corporation stated in the documentsfiled with the Office of the Secretary of State under ORS chapter 65;
(f)The name of a foreign or domestic general partnership stated in any documentsfiled with the Office of the Secretary of State under this chapter; or
(g)The name of a foreign or domestic business trust or estate stated in anydocuments filed with the Office of the Secretary of State.
(7)“Service mark” has the meaning given in ORS 647.005. [1963 c.551 §1; 1967 c.269§5; 1971 c.194 §1; 1971 c.594 §35; 1985 c.677 §66a; 1985 c.728 §90; 1987 c.94 §105;1995 c.454 §3; 2009 c.14 §6; 2009 c.294 §19]
648.007Requirement to register assumed business name and service mark; exceptions. (1) No personshall carry on, conduct or transact business under an assumed business name ina county where the business is located, where a physical facility of thebusiness is located or where an employee of the business is stationed, unlessthe person has registered the assumed business name as provided in this chapterand maintains a current registration.
(2)A person shall register a service mark as an assumed business name if theperson carries on, conducts or transacts business under the service mark andthe person does not disclose conspicuously the person’s real and true name atthe time and place that the person carries on, conducts or transacts business.
(3)ORS 648.010 and subsection (1) of this section do not apply to:
(a)A foreign corporation that applied for and was issued a certificate of authorityprior to September 20, 1985, and that carries on, conducts or transactsbusiness in this state exclusively under the name that it stated in itsapplication that it elects to use in this state, as shown on the records of theOffice of the Secretary of State.
(b)A partnership which uses the surname of all or some of the partners all of whomare licensed by a common licensure board or commission.
(c)A mutual and voluntary association composed of 10 or more farmers andlandowners formed for the purpose of constructing, owning and operatingreservoirs, irrigation ditches and irrigation works. The secretary of eachassociation shall maintain a complete and current record of the association’smembers, and shall furnish a copy of the record upon request.
(4)Nothing in this chapter shall preclude a person from registering more than oneassumed business name. [1985 c.728 §92]
648.008Optional registration of real and true name. (1) Notwithstanding anyprovision of this chapter, a person that will carry on, conduct or transactbusiness under the real and true name of the person may apply for registrationof the real and true name with the Office of the Secretary of State.
(2)An application for registration of a real and true name shall be treated in thesame manner as an application to register an assumed business name under thischapter. If a real and true name is registered under this chapter, allprovisions of this chapter applicable to an assumed business name shall alsoapply to a real and true name. [1995 c.454 §2]
648.010Registration of assumed business name; contents of application; designation ofrepresentative; effect. (1) Each person who will carry on, conduct ortransact business under an assumed business name shall sign an application toregister the assumed business name and shall submit the application to theOffice of the Secretary of State, with the fee prescribed by this chapter. Allof the persons who will carry on, conduct or transact a single business underan assumed business name shall file a consolidated application to register theassumed business name.
(2)The application shall state:
(a)The assumed business name to be registered. The applicant shall write theassumed business name in the alphabet used to write the English language. Theassumed business name may include numerals and incidental punctuation.
(b)The real and true name and street address of each person who intends to carryon, conduct or transact business under the assumed business name.
(c)The principal address at which the applicant intends to carry on, conduct ortransact business and a listing of each county in which the applicant intendsto carry on, conduct or transact business to the extent that ORS 648.007 wouldrequire the applicant to register the assumed business name for that county.
(d)The name and the mailing address of the person whom the applicant authorizes torepresent the applicant in transactions with the Office of the Secretary ofState with respect to the registration. All of the registrants of an assumedbusiness name for a single business shall designate the same person under thissubsection.
(e)The applicant’s primary business activity.
(f)Any other information that the Secretary of State by rule may require.
(3)The person named in the application to be authorized to represent the applicantis authorized to receive notices under this chapter and to perform any dutythat this chapter requires of the registrant of the assumed business name, butis not by the application or registration made the registrant’s agent for theservice of process. [Amended by 1961 c.355 §1; 1963 c.551 §2; 1969 c.154 §1;1971 c.194 §2; 1985 c.728 §94; 1987 c.843 §21; 1995 c.454 §4; 2007 c.186 §18]
648.012Registration duty of Secretary of State. (1) If an application delivered to theOffice of the Secretary of State for filing satisfies the requirements of ORS648.010, the Secretary of State shall register it.
(2)The Secretary of State registers an application by indicating thereon that ithas been filed by the Secretary of State and the date of registration.
(3)If the Secretary of State refuses to register an assumed business name, theSecretary of State shall return the application to the applicant within 10business days after the application was delivered together with a brief writtenexplanation of the reason for the refusal.
(4)The duty of the Secretary of State to register assumed business names underthis section is ministerial. The Secretary of State is not required to verifyor inquire into the legality or truth of any matter included in any applicationdelivered to the Office of the Secretary of State. The Secretary of State’sregistering or refusing to register an assumed business name does not:
(a)Affect the validity or invalidity of the application in whole or part; or
(b)Relate to the correctness or incorrectness of information contained in theapplication.
(5)The Secretary of State’s refusal to register an assumed business name does notcreate a presumption that the application is invalid or that informationcontained in the application is incorrect. [1995 c.454 §13]
648.014Forms; rules.(1) Upon request, the Secretary of State may furnish forms for documentsrequired or permitted to be filed by this chapter.
(2)The Secretary of State may by rule require the use of the forms. [1995 c.454 §14]
648.017Renewal of registration; fee; contents of application; rules; effect of failureto renew; notice.(1) A registrant must apply to renew a registration of an assumed business namewithin 30 days before the second anniversary of the date that the Secretary ofState registered the assumed business name and each second anniversarythereafter. The registrant must apply to the Office of the Secretary of Statefor renewal of the registration and submit with the renewal a renewal fee. Theapplication for renewal must include all identifying information required byrule of the Secretary of State. Failure to apply for renewal and pay therequired fee is grounds for administrative cancellation of the registration.
(2)Not less than 30 days before the application for renewal is due, the Secretaryof State shall notify each authorized representative of the requirement toapply for renewal. The notice shall indicate the date by which the renewalapplication must be submitted, and shall include the renewal application. Thenotice shall state that if the registrant fails to submit the renewal applicationand renewal fee on or before the renewal deadline, the registration of theassumed business name will be canceled without further notice.
(3)If the Secretary of State finds that the application for renewal conforms tothe requirements of this section, and all fees have been paid, the Secretary ofState shall renew the registration. [1969 c.154 §6; 1977 c.78 §6; 1981 c.633 §75;1985 c.728 §98; 1987 c.94 §161]
648.020 [Repealed by1963 c.551 §21]
648.025Amendment of registration; application; required signatures; statement ofwithdrawal, incapacity or death; designation of representative. (1) Anapplication to amend a registration of an assumed business name shall bedelivered to the Office of the Secretary of State for filing within 60 days afterany of the following occurs:
(a)There is a change in the identity, names or addresses of the persons carryingon, conducting or transacting the business for which the assumed business nameis registered;
(b)There is a change in the identity, name or address of the person authorized torepresent the registrant or registrants;
(c)The registrant commences to carry on, to conduct or to transact business underthe assumed business name in a county or counties different from those that theregistrant stated in the application where the registrant intended to carry on,to conduct or to transact business under the assumed business name; or
(d)The address of the principal place of business is changed.
(2)Except as provided in this subsection, the application required by subsection(1) of this section shall be signed by the registrant, if the registrant is anindividual, by the officer of a foreign or domestic corporation who isauthorized to sign, if the registrant is a foreign or domestic corporation, bya general partner of a foreign or domestic limited partnership, if theregistrant is a foreign or domestic limited partnership, by a manager of aforeign or domestic limited liability company, or by a member of a foreign ordomestic member-managed limited liability company, if the registrant is aforeign or domestic limited liability company, or by a trustee of a foreign ordomestic business trust, if the registrant is a foreign or domestic businesstrust. The application required by subsection (1) of this section may be signedby the authorized representative instead of the registrant or registrants inany of the following cases:
(a)The address of a person under subsection (1)(a) or (b) of this section ischanged.
(b)Any county is added or deleted under subsection (1)(c) of this section.
(c)The address of the principal place of business under subsection (1)(d) of thissection is changed.
(3)Whenever any person having an interest in a business with a registered assumedbusiness name withdraws from the business or dies, the person who iswithdrawing, or in case of the person’s death or incapacity, the legalrepresentative of such person or the authorized representative, shall submit tothe Office of the Secretary of State a statement of such withdrawal, incapacityor death.
(4)The amendment of the registration of an assumed business name supersedes theoriginal registration of the assumed business name on all matters amended butdoes not renew the registration as required under ORS 648.017.
(5)The Secretary of State may designate by rule who shall be the authorizedrepresentative if the authorized representative withdraws and no new authorizedrepresentative is appointed within the time period prescribed in this section. [1963c.551 §6; 1969 c.154 §3; 1981 c.633 §76; 1985 c.728 §99; 1987 c.94 §162; 1995c.454 §6]
648.029Alteration of registration to reflect corporate structure change. Where adomestic corporation is the registrant of an assumed business name and thecorporation merges or amends its articles of incorporation to change itscorporate name or a foreign corporation procures an amended certificate ofauthority, the Secretary of State may alter the assumed business nameregistration to indicate the surviving or changed corporate name. [1969 c.154 §8;1995 c.454 §7]
Note: 648.029 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 648 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
648.051When registration refused; affidavit of applicant; registration effective untilcanceled.(1) Subject to subsection (2) of this section, the Secretary of State shallregister the assumed business name contained in the application.
(2)The Secretary of State shall not register the assumed business name if theSecretary of State determines that the assumed business name is notdistinguishable on the records of the Office of the Secretary of State from anotherassumed business name or from the name of a person, including a reserved nameor registered name of active record with the Office of the Secretary of Stateexcept as provided in subsection (3) of this section.
(3)The Secretary of State shall register an assumed business name if the applicantsubmits for filing an affidavit that the applicant has a right to use theassumed business name in the county or counties stated in the application forthe character of business that the applicant will carry on, conduct or transactunder the assumed business name. The affidavit shall state:
(a)That the affiant has been advised of the penalties for false swearing;
(b)The facts upon which the affidavit is based and that the affiant swears to theexistence of the facts from the affiant’s own knowledge; and
(c)That the affiant believes that the facts stated are sufficient to establisheither:
(A)That prior use of the name by the applicant or by the licensor of the applicanthas vested in the applicant a right to use the assumed business name for thecharacter of business stated in the application in the county or countieslisted in the application; or
(B)That the character of business that the applicant intends to carry on, conductor transact under the assumed business name will not so resemble the characterof business, if any, that the person who filed, reserved or registered theassumed business name or the name of the person identified under subsection (2)of this section conducts under the name in the county or any of the countieslisted in the application as to be likely to cause confusion or mistake or todeceive.
(4)The registration of an assumed business name remains in effect until canceled. [1985c.728 §96; 1995 c.454 §8]
648.055Cancellation of registration upon dissolution or when corporate authoritywithdrawn or revoked.(1) If the only registrant of an assumed business name is a domesticcorporation that has been dissolved, the Secretary of State may cancel theregistration.
(2)If the only registrant of an assumed business name is a foreign corporationwhose authority to transact business in this state has been withdrawn orrevoked, the Secretary of State may cancel the registration. [1969 c.154 §7;1987 c.94 §165; 2005 c.22 §452]
648.057Cancellation of registration upon termination of business; signature ofregistrant; delivery.(1) An assumed business name must be canceled not later than the 60th day afterthe registrant or registrants of the assumed business name cease doing businessunder that name.
(2)The application required by subsection (1) of this section shall be signed bythe registrant or registrants of the assumed business name or by the authorizedrepresentative of the registrant or registrants and shall be delivered to the Officeof the Secretary of State for filing. [1987 c.94 §164]
648.060 [Amended by1963 c.551 §9; repealed by 1967 c.152 §1 (648.061 enacted in lieu of 648.060)]
648.061Consent of nonresident persons to service of process. Any of thepersons not domiciled within this state or foreign persons not authorized to dobusiness within this state who appear as persons who will carry on, conduct ortransact business under an assumed business name in an application forregistration filed under ORS 648.010 shall be deemed to have appointed theSecretary of State as agent upon whom may be served at any time any process,notice or demand required or permitted by law to be served upon them. [1967c.152 §2 (enacted in lieu of 648.060); 1995 c.454 §9]
648.070Service of process on nonresident. A person making service of processauthorized by ORS 648.061 shall make the service by delivering a copy of theprocess in person or by certified mail to the Office of the Secretary of State.The service shall be sufficient and valid personal service upon the persons notdomiciled in this state to whom ORS 648.061 applies if the plaintiffimmediately sends notice of the service and a copy of the process by certifiedmail to the principal office of the persons against whom the process orpleadings are directed, and the return receipt of the latter and plaintiff’saffidavit of compliance with this section are appended to the process andentered as a part of the return thereof. The defendant persons against whom theprocess or pleadings are directed shall have 30 days after the date of mailingof the process or pleadings in which to appear and plead. Personal serviceoutside the state in accordance with the statutes of Oregon relating topersonal service of summons outside the state shall relieve the plaintiff frommailing copies of the summons or process by registered mail as provided in thissection. [Amended by 1963 c.551 §10; 1983 c.717 §33; 1991 c.132 §24]
648.080 [Amended by1963 c.551 §11; repealed by 1985 c.728 §110]
648.081False or fraudulent registration prohibited; cancellation of conflictingregistration; effect on other remedies. (1) No person shall procure or maintainthe registration of an assumed business name with the Office of the Secretaryof State by knowingly making any false or fraudulent representation ordeclaration, orally or in writing, or by any other fraudulent means. No personshall register or use an assumed business name with an intent to create alikelihood of confusion with another person.
(2)A person that is not a corporation, limited liability company, business trustor limited partnership violates subsection (1) of this section if the personregisters an assumed business name that contains the words “corporation,” “incorporated,”“limited liability company,” “limited partnership” or “business trust” or anabbreviation of any of those terms.
(3)A foreign or domestic profit or nonprofit corporation may register as anassumed business name its corporate name minus the word, abbreviation or phrasethat ORS 60.094 or 60.717 requires.
(4)A foreign or domestic limited liability company may register as an assumedbusiness name its limited liability company name minus the word, abbreviationor phrase that ORS 63.094 or 63.717 requires.
