Oregon Administrative Code

160-001-0000 Notice of Intent to Adopt, Amend or Repeal Rules Prior to the adoption, amendment or repeal of any permanent rule under ORS Chapters 56, 58, 60, 62, 63, 65, 68, 70, 79, 80, 87, 128, 194, 554, 647, 648, 649 and 661 the Secretary of State shall give notice of the propo…

160-001-0005 Model Rules of Procedure The Model Rules of Procedure as promulgated by the Attorney General of the State of Oregon under the Administrative Procedures Act effective January 1, 2010, are adopted as the rules of procedure for the Corporation Division of the Secretary …

160-005-0005 Fees For Business Registry Public Records (1) Definition (a) “Document File” A document file includes: (A) Documents initially filed for corporations, limited partnerships, limited liability companies, limited liability partnerships, business trusts, and trade and se…

160-005-0007 Fees For Business Registry Special Services (1) Customized Searches: Business Registry (.txt format). (a) Standard Search Requests. (A) Associated Person Name Search — $10 per name. (B) City Search — $10 per city. (C) Zip Code Search — $10 per zip code. (D) Entity Ty…

160-005-0008 Fees for Notarial Acts by Corporation Division Employees The Secretary of State shall collect $10 per notarial act performed by a notary public employed by the Secretary of State during the course of that person’s employment. Notarial acts performed by the employee o…

160-005-0010 Refund of Monies (1) This rule, pursuant to ORS 293.445, provides for the refund of fees paid in excess of the amount legally due to the Corporation Division. (2) The Secretary of State shall not refund fees paid in excess of the amount legally due to the Division if…

160-010-0010 Definitions For the purposes of OAR 160-010-0010 through 160-010-0014: (1) "Distinguishable" means visually distinct, in writing, as opposed to a comparison of words as they sound. Thus, homonyms, such as "fair" and "fare" are permitted; whereas heteronyms such as "w…

160-010-0011 General Guidelines This rule furnishes general guidelines to determine whether a proposed name is distinguishable on the active records of the Secretary of State Business Registry office. For the purposes of determining whether a name is available for registration, O…

160-010-0012 Distinguishable on Record For purposes of the reservation, registration, or use of a name under ORS Chapters 58, 60, 62, 63, 65, 67, 70, 128, 554, and 648, a name is distinguishable on the records of the Secretary of State Business Registry office from the name of an…

160-010-0013 Not Distinguishable on Record A name is not distinguishable on the records of the Secretary of State Business Registry office from the name of any other active organized entity, or from a reserved or registered name, if the names only differ in one or more of the fol…

160-010-0014 Prohibitions (1) An entity identifier, except for “company” and abbreviations thereof, cannot be used with an assumed business name, unless all the registrants on the assumed business name are entities identified in the name. (2) The Secretary of State Business Regis…

160-010-0020 Designation of Authorized Representative If the authorized representative of an assumed business name registration withdraws and the registrants fail within the time prescribed to replace the withdrawn authorized representative, the new authorized representative shal…

160-010-0030 Assumed Business Name Amendment In addition to the signatures required by 648.125(2), an assumed business name amendment that adds a registrant or registrants must be signed by the registrant, if the registrant is an individual, by the officer of a foreign or domesti…

160-010-0050 E-mail Address (1) Documents electronically delivered to the office of the Secretary of State for filing under ORS chapters 58, 60, 62, 63, 65, 67, 70, 554, 647, 648 and 649 and ORS 128.560 to 128.600 and 661.210 to 661.280 shall include an e-mail address for deliver…

160-010-0100 Code List for Designating Primary Business Activity (1) The Secretary of State designates the classification codes found in the current Standard Industrial Classification Manual as the codes to be used for designating primary business activity. This federal manual ma…

160-010-0210 Definitions (1) ”Specimen” means a facsimile of a mark that is an attached drawing, photocopy, or electronic version in PDF format, for the purposes of 647.015 and 647.055. The words and design that comprise the mark must be clear and legible. (2) ”Stamped filed date…

160-010-0220 Application for Trade or Service Mark An application for trade or service mark may be submitted, if the Secretary of State’s systems permit, by fax, mail, electronically, and in person. The content of the application to file a trade or service mark must include: (1) …

160-010-0230 Renewal of Trade/Service Mark A trade or service mark specimen cannot be altered through renewal. A new application must be filed if the design or words that comprise the trade or service mark is altered. Statutory/Other Authority: ORS 56.022 Statutes/Other Implement…

160-010-0240 Classes of Goods and Services Pursuant to ORS 647.024, the Secretary of State establishes the following classes of goods and services. Applications to register a trade or service mark must designate the code number for goods or services with which the mark is being u…

160-010-0310 Eligibility for Waiver of Reinstatement Limit The five year limit for reinstating a corporation, limited liability company, partnership, or business trust whose status has been administratively dissolved pursuant to ORS 60.647, 63.647, 65.647, 67.655, 70.430, 128.597…

160-010-0400 Professional Corporation Limit on Joint and Several Liability (1) The Secretary of State, assisted by the Office of Economic Analysis, Department of Administrative Services, has calculated the inflation factor affecting joint and several liability caps of Professiona…

160-010-0450 Conversion of a Business Entity When a domestic business entity is converting to a foreign business entity, the articles of conversion shall include the jurisdiction of the foreign business entity. Statutory/Other Authority: ORS 56.022 Statutes/Other Implemented: ORS…

160-010-0480 Physical Street Address and Individual With Direct Knowledge (1) A corporation shall be considered in compliance with Section 10(1)(f) and Section 10(1)(g) of House Bill 2191 (2017) if the corporation: (a) Was formed on or after January 1, 2018 and has filed with the…

160-010-0500 Personal Safety Exemption The Secretary of State Corporation Division may dissolve, cancel or otherwise terminate a filing that is submitted with required information that is nondisclosable under ORS 192.368. (1) For purposes of this rule, “personal information” mean…

160-010-0600 Going Out of Business Notice of Intent This rule refers to a special notice filed by businesses that advertise sales or auctions held out to the public as the disposal of merchandise in anticipation of cessation of business, under Senate Bill 684 (2007). (1) The Noti…

160-010-0610 Filing Format (1) The notice of intent filed with the Secretary of State shall use a format approved by the Secretary of State, Corporation Division. (2) The Corporation Division shall use an electronic method of filing the notice of intent and any amendments or canc…

160-010-0620 Signatures (1) If the owner is a legal entity, the person signing the notice must be an officer of the entity and must identify the person's title. (2) The signatures filed in the notice of intent will be electronic signatures, as provided in ORS Ch. 84. Statutory/Ot…

160-010-0630 Owner's Business Name (1) If the owner of the merchandise to be sold is a business or other legal entity, the name may, but is not required to be, registered in the Business Entity Registry of the Corporation Division. (2) The business name of the owner of the mercha…

160-010-0700 Oregon License Directory The maintenance and development of the Oregon License Directory are implemented by these rules (OAR 160-010-0700 – 160-010-0720), as required by Ch. 580, Oregon Laws 2013. Statutory/Other Authority: 2013 OL Ch. 580 & Sec. 1(4) Statutes/Other …

160-010-0701 Definitions For the purposes of OAR 160-010-0700 through 160-010-0720: (1) “Fee” means any set or variable dollar amount charged by the issuing agency. (2) “Fee-related regulations” means fees that are incurred due to requirements by the license, permit or registrati…

160-010-0710 License Directory Information (1) Scope. (a) All state and local agencies that issue licenses, permits and registrations for which fees and fee-related regulations are imposed on small businesses must report the information designated in this section to the Secretary…

160-010-0720 License Information Reporting (1) Each agency identified in OAR 160-010-0710(1)(a) must report the information required by that section to the Secretary of State annually. (2) The information for a given year shall be reported at any time from June 1 through August 3…

160-040-0100 Definitions Terms used in these filing-office rules but not defined in this section that are defined in the UCC must have the respective meanings accorded such terms in the UCC. (1) "Active record" means an initial filing that has not yet lapsed on its lapse date, or…

160-040-0101 UCC Document Delivery For the purposes of this section, "delivery" means receipt by the filing office. UCC records may be tendered for filing at the filing office as follows. (1) Personal delivery by Remitter, at the filing office's street address. The file time for …

160-040-0102 Search Request Delivery UCC search requests may be delivered to the filing office by any of the means by which UCC records may be delivered to the filing office. A search request may not be delivered by checking a box or otherwise including a search request in or on …

160-040-0103 Forms Acceptable forms. In addition to the forms outlined in ORS 79.0521(1), the Secretary of State shall accept for filing only the standard forms approved for use by the International Association of Commercial Administrators up to July 1, 2013, and the current form…

160-040-0104 Fees (1) Filing fee. The fee for filing and indexing a UCC record is prescribed in ORS Ch. 79.525(1). However, if the UCC record is rejected, the submission of the record shall be deemed a filing in accordance with 79.0516, and the accompanying fee shall therefore be…

160-040-0105 Methods of Payment Filing fees and fees for public records services may be paid by the following methods. (1) Cash. Payment in cash shall be accepted if paid in person at the filing office. (2) Checks. Personal checks, cashier's checks and money orders made payable t…

160-040-0106 Summaries of Records Public records services are provided on a non-discriminatory basis to any member of the public on the terms described in these rules. The following methods are available for obtaining copies of UCC records and copies of data from the UCC informat…

160-040-0107 Fees for Summaries of Records (1) Bulk copies of records. In accordance with ORS Ch. 79.0523(6), copies of UCC filings may be provided at $20 per week. (2) Data from the UCC information management system. (a) Full extract. The UCC Active Filing List fee for this subs…

160-040-0200 Role of Filing Officer The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. In accepting for filing or refusing to file a UCC record pursuant to these rules, the filing officer does not: (1) Determine th…

160-040-0201 Time for Filing a Continuation Statement (1) First day permitted. The first day on which a continuation statement may be filed is the date six months before the lapse date of the current financing statement. (2) Last day permitted. The last day on which a continuatio…

160-040-0202 Rejection Reasons (1) The reasons for rejecting a filing submitted to the filing officer shall be those listed in Oregon Revised Statute (ORS) Ch. 79.0516 and as delineated in the Jurisdictions Guidelines for Accepting a UCC Record for Filing Chart, published by the …

160-040-0203 Procedure Upon Refusal If the filing officer finds grounds to refuse a UCC record, communication of the refusal, the reason(s) for the refusal and other related information will be made to the Remitter as soon as practicable and in any event within two business days …

160-040-0204 Refusal Errors If a secured party or a remitter demonstrates to the satisfaction of the filing officer that a UCC record that was refused for filing should not have been refused, the filing officer will file the UCC record with the filing date and time the UCC record…

160-040-0205 Notification of Defects Nothing in these rules prevents a filing officer from communicating to a filer or a remitter that the filing officer noticed apparent potential defects in a UCC record, whether or not it was filed or refused for filing. However, the filing off…

160-040-0300 Policy Statement The filing officer uses a UCC information management system to store, index, and retrieve information relating to financing statements. The UCC information management system includes an index of the names of debtors included on financing statements t…