Oregon Revised Statutes
Chapter 648 — Assumed Business Names
35 sections
As used in this chapter:
“Assumed business name” means one or more words or numerals, or a combination of words and numerals, that a person uses to identify a business that the person carries on, conducts or transacts, if at the time and place that the person carries on, conducts or transacts the business, the person does not conspicuously disclose the real…
No person shall carry on, conduct or transact business under an assumed business name in a county where the business is located, where a physical facility of the business is located or where an employee of the business is stationed, unless the person has registered the assumed business name as provided in this chapter and maintains a current registration.
A…
Notwithstanding any provision of this chapter, a person that will carry on, conduct or transact business under the real and true name of the person may apply for registration of the real and true name with the Office of the Secretary of State.
An application for registration of a real and true name shall be treated in the same manner as an application to re…
Each person who will carry on, conduct or transact business under an assumed business name shall sign an application to register the assumed business name and shall submit the application to the Office of the Secretary of State, with the fee prescribed by this chapter. All of the persons who will carry on, conduct or transact a single business under an assum…
If an application delivered to the Office of the Secretary of State for filing satisfies the requirements of ORS 648.010, the Secretary of State shall register it.
The Secretary of State registers an application by indicating thereon that it has been filed by the Secretary of State and the date of registration.
If the Secretary of State refuses to register…
Upon request, the Secretary of State may furnish forms for documents required or permitted to be filed by this chapter.
The Secretary of State may by rule require the use of the forms.
A registrant must apply to renew a registration of an assumed business name within 30 days before the second anniversary of the date that the Secretary of State registered the assumed business name and each second anniversary thereafter. The registrant must apply to the Office of the Secretary of State for renewal of the registration and submit with the rene…
A registrant, within five years after the date on which the Secretary of State administratively canceled an assumed business name under ORS 648.017, may apply to the Secretary of State to reactivate the assumed business name. The application must comply with the requirements set forth in ORS 648.010.
The application must:
State the assumed business name an…
A registrant or an authorized representative of the registrant may at any time deliver to the Secretary of State for filing an application to amend an assumed business name that is registered under this chapter. The application must conform to the requirements set forth in ORS 648.010.
A registrant or an authorized representative of the registrant shall del…
Where a domestic corporation is the registrant of an assumed business name and the corporation merges or amends its articles of incorporation to change its corporate name or a foreign corporation procures an amended certificate of authority, the Secretary of State may alter the assumed business name registration to indicate the surviving or changed corporate…
Subject to subsection (2) of this section, the Secretary of State shall register the assumed business name contained in the application.
The Secretary of State shall not register the assumed business name if the Secretary of State determines that the assumed business name is not distinguishable on the records of the Office of the Secretary of State from ano…
If the only registrant of an assumed business name is a domestic corporation that has been dissolved, the Secretary of State may cancel the registration.
If the only registrant of an assumed business name is a foreign corporation whose authority to transact business in this state has been withdrawn or revoked, the Secretary of State may cancel the registrat…
An assumed business name must be canceled not later than the 60th day after the registrant or registrants of the assumed business name cease doing business under that name.
The application required by subsection (1) of this section shall be signed by the registrant or registrants of the assumed business name or by the authorized representative of the regist…
Any of the persons not domiciled within this state or foreign persons not authorized to do business within this state who appear as persons who will carry on, conduct or transact business under an assumed business name in an application for registration filed under ORS 648.010 shall be deemed to have appointed the Secretary of State as agent upon whom may be…
A person making service of process authorized by ORS 648.061 shall make the service by delivering a copy of the process 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 not domiciled in this state to whom ORS 648.061 applies if the plaintiff immediately sends n…
No person shall procure or maintain the registration of an assumed business name with the Office of the Secretary of State by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means. No person shall register or use an assumed business name with an intent to create a likelihood of confusio…
The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 for copying any public record under this chapter, certifying the copy or certifying to other facts of record unde…
In accordance with any applicable provisions of ORS chapter 183, the Secretary of State may adopt rules the secretary considers necessary or proper for the administration of this chapter.
A person who carries on, conducts or transacts business in violation of ORS 648.007 shall lack standing before the courts of this state to maintain a cause of action for the benefit of the business. The person may cure the incapacity at any time by complying with ORS 648.007. Nothing in this section shall extend any statute of limitations.
In any action or …
Violation of any of the provisions of this chapter is punishable by a civil penalty not exceeding $100.
A penalty imposed under this section is in addition to any other penalty which may be imposed by the state or a political subdivision of this state under any other civil or criminal statute.
A person commits the crime of signing a false document for filing if the person:
Knows the document is false in any material respect; and
Signs the document with an intent that the document be delivered to the office of the Secretary of State for filing under this chapter.
Signing a false document for filing is a Class A misdemeanor.
This section does no…