Chapter 56 — Duties of Secretary of State

56.005 [1963 c.580 §10; repealed by 1987 c.414 §172]

GENERALLY

56.006 “Office” defined

“Office,” when used in this chapter to refer to the administrative unit directed by the Secretary of State, means the Office of Secretary of State.

56.010 [Repealed by 1963 c.580 §103]

56.012 [1963 c.580 §§11,12; repealed by 1987 c.414 §172]

56.014 Secretary of State as filing officer; duties

The Secretary of State is the filing officer under ORS chapters 58, 60, 62, 63, 65, 67, 70, 554, 647 and 648 and ORS 128.560 to 128.600, 649.010 to 649.080, 649.990 and 661.210 to 661.280. The duties, powers and authority of the Secretary of State under this chapter apply to the Secretary of State’s functions under ORS chapters 58, 60, 62, 63, 65, 67, 70, 5…

56.015 [1955 c.349 §1; 1957 c.80 §1; repealed by 1963 c.580 §103]

56.016 Filing facsimile transmissions and other reproductions of documents; notices of filing; rules; fees

Notwithstanding any provisions of ORS chapters 58, 60, 62, 63, 65, 67, 70, 554, 647 and 648 or ORS 128.560 to 128.600, 649.010 to 649.080, 649.990 or 661.210 to 661.280 relating to the Secretary of State as the filing officer: A document may be delivered to the office of the Secretary of State for filing by electronic facsimile transmission if the original …

56.018 Power of Secretary of State in performing business registry functions

For purposes of performing business registry functions, the Secretary of State shall have the power: To organize and reorganize, as necessary, the Office of Secretary of State as the Secretary of State deems necessary to conduct and administer the business registry functions. To appoint all subordinate officers and employees of the Secretary of State’s off…

56.020 [Amended by 1961 c.280 §4; repealed by 1963 c.580 §103]

56.022 Authority of Secretary of State to carry out business registry functions; rules

The Secretary of State shall have the power and authority reasonably necessary to enable the Secretary of State to carry out business registry functions and other duties imposed on the Secretary of State under ORS chapters 58, 60, 62, 63, 65, 67, 70, 554, 647 and 648 and ORS 128.560 to 128.600, 649.010 to 649.080, 649.990 and 661.210 to 661.280, including th…

56.023 Approval of name of entity by Director of Department of Consumer and Business Services required in certain business registry filings; exception

If a person seeks to make a business registry filing of a name with the Secretary of State under ORS chapter 58, 60, 62, 63, 65, 67, 70, 554 or 648 or ORS 128.560 to 128.600 that contains the word or words “banc,” “bancorp,” “bank,” “banker,” “banking,” “savings,” “safe deposit,” “trust,” “trustee,” “building and loan” or their equivalents in a language othe…

56.025 Designation of persons to sign papers

The Secretary of State may designate one or more of the clerks, deputies or assistants of the Secretary of State, in the name of the Secretary of State, to sign or countersign papers, documents, orders and certificates requiring the signature of the Secretary of State. Any paper, document, order or certificate signed in the name of the Secretary of State by …

56.030 [Amended by 1961 c.280 §5; repealed by 1963 c.580 §103]

56.035 Documents filed with Secretary of State; verification

If a document is required by law to be verified before being submitted for filing with the Secretary of State, the document must include or be accompanied by a written declaration that the person who executes the document prepares under penalties of perjury to the effect that the person has examined the document and to the best of the person’s knowledge and …

56.037 Authority of Secretary of State to refuse to file documents

The Secretary of State may refuse to file a document delivered for filing under ORS chapter 58, 60, 62, 63, 65, 67, 70, 79A, 87, 194, 305, 465, 466, 475, 554, 596, 634, 647, 648, 657 or 713 or under ORS 30.630, 81.248, 81.251 or 128.595 if the document contains a Social Security number, a state identification number, a driver license number, a credit or debi…

56.040 [Repealed by 1961 c.280 §2]

56.041 Operating Account

The Operating Account is established in the General Fund of the State Treasury. The net amount accruing to the Secretary of State from all fees, charges, interest, fines, penalties and miscellaneous revenues from all sources relating to business registry functions, and moneys received by the Secretary of State under ORS chapters 79A and 194 and ORS 81.230 t…

56.045 [1985 c.383 §8; repealed by 1987 c.58 §15 and 1987 c.414 §172]

56.050 Copies of records as evidence

Copies of all records and papers of the Office of the Secretary of State, certified by the Secretary of State, shall be received in evidence in all cases equally and with like effect as the original.

56.060 Records of Secretary of State

The Secretary of State shall keep, as records of office, books showing all acts, matters and things done by the Secretary of State in performing the business registry functions and duties of the Office of Secretary of State.

56.070 [1955 c.185 §1; 1971 c.184 §1; repealed by 1999 c.652 §22]

56.080 Withdrawal of certificates issued and filings accepted; explanatory statement; withdrawal from filing

Except as provided in subsections (2), (3), (4) and (5) of this section, within one year after a filing, the Secretary of State may withdraw any certificate the secretary issued or document the secretary filed, except filings under ORS chapter 647, on any ground existing at the time of the filing for which the secretary could have originally refused to issue…

56.090 [1983 c.717 §2; 1987 c.414 §60; repealed by 1993 c.66 §15]

56.100 Electronic materials not subject to public records law

Except as the Secretary of State provides by rule, the following are not public records for the purposes of ORS 192.311 to 192.478: Electronic data processing programs of the office; and Electronic media used to record, process or store documents filed with the office under the business registry functions of the office.

56.105 [1987 c.843 §13; repealed by 2007 c.186 §21]

56.110 Evidentiary effect of certificates and other documents issued by Secretary of State

This section applies to certificates of the Secretary of State and documents filed by the Secretary of State under the business registry functions of the Secretary of State. All certificates issued by the Secretary of State and all copies of documents filed in the office of the Secretary of State, when certified by the Secretary of State, shall be taken and …

56.120 [1983 c.87 §4; repealed by 1987 c.58 §15]

56.140 Fees; waiver; rules

The Secretary of State shall collect a nonrefundable fee of $100 for each of the following documents delivered to the Secretary of State for filing: Articles of incorporation delivered for filing under ORS 58.085. Articles of incorporation delivered for filing under ORS 60.051. Articles of incorporation delivered for filing under ORS 62.511. Articles of …

56.150 [1987 c.58 §8; 1987 c.414 §136; repealed by 1991 c.132 §37]

56.160 Petty cash fund

The Secretary of State is authorized to establish a petty cash fund, not to exceed $300, for the purpose of performing business registry functions.

56.170 [Formerly 57.772; 1993 c.66 §6; repealed by 1999 c.652 §22]

56.180 Business Registration Information Center; functions; rules

A Business Registration Information Center is established within the Office of the Secretary of State. The primary functions of the center are: To develop a system within the center by which accurate and easily understandable information with respect to the business registration requirements of participating state agencies may be made available to persons …

56.185 Oregon License Directory database; reports required; updates; rules

As used in this section: “Local agency” means every county, city, school district, municipal organization, district or political subdivision, or any board, commission or agency thereof, or any other local public agency. “Small business” means a prospective, new or established business with 100 or fewer employees that is or will be located in Oregon. “Stat…

56.200 Definitions for ORS 56.200 to 56.209

As used in ORS 56.200 to 56.209: “Business” means any corporation, partnership, company, cooperative, sole proprietorship or other legal entity organized or operating for pecuniary or nonpecuniary gain. “Local government” has the meaning given that term in ORS 174.116. “Small business” means a prospective, new or established business with 100 or fewer emp…

56.203 Office of Small Business Assistance; functions; confidentiality; rules

The Office of Small Business Assistance is established within the Office of Secretary of State. The Secretary of State shall employ and appoint personnel necessary to perform the functions and duties of the Office of Small Business Assistance. The Office of Small Business Assistance shall: Assist state agencies with regulatory authority over small business…

56.204 Response to requests for assistance; data compilations

In performing its duties under ORS 56.203 (2)(e), the Office of Small Business Assistance shall: Within 30 days after a request for assistance from a small business or local government, notify the requester of whether the office will work with the requester. Upon inquiry, inform the requester of the status of the office’s work. Notify the requester upon c…

56.206 Reviews and investigations of complaints; conditions for review; notice; recommendations; report

In addition to the duties and responsibilities described in ORS 56.203, the Office of Small Business Assistance may, except as provided in subsection (2) of this section, conduct reviews and investigations of complaints received from small businesses with respect to interactions with state agencies. The office may not review and investigate a complaint unde…

56.209 Protections for persons making complaints

A person who makes a complaint or who participates in a review and investigation of a complaint under ORS 56.206 may not be subject to a penalty, sanction or restriction in connection with the person’s employment or be denied any right, privilege or benefit because of the complaint or because of any review and investigation of the complaint. _______________