Chapter 56 — Chapter 56

ORS 56.005 [1963 c.580 §10; repealed by 1987 c.414 §172]

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ORS 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. [1987 c.414 §53]

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ORS 56.010 [Repealed by 1963 c.580 §103]

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ORS 56.012 [1963 c.580 §§11,12; repealed by 1987 c.414 §172]

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ORS 56.014 Secretary of State as filing officer; duties. (1) 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

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ORS 56.015 [1955 c.349 §1; 1957 c.80 §1; repealed by 1963 c.580 §103]

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ORS 56.016 Filing facsimile transmissions and other reproductions of documents; notices of filing; rules; fees. (1) 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

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ORS 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

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ORS 56.020 [Amended by 1961 c.280 §4; repealed by 1963 c.580 §103]

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ORS 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 the authority to promulgate rules governing the procedure and form for submitting documents to be filed by the Secretary of State and the procedure and form for filing and retaining the documents and any other records required to be kept. [1985 c.728 §5; 1987 c.414 §57; 1995 c.215 §3; 1995 c.689 §36; 1997 c.775 §88; 1999 c.652 §3]

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ORS 56.023 Approval of name of entity by Director of Department of Consumer and Business Services required in certain business registry filings; exception. (1) 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 other than English, or a similar word or words in English or an equivalent in a language other than English, implying a business primarily engaged in the lending of money, underwriting or sale of financial products, acting as a depository institution, acting as a financial planner, financial adviser or acting as a loan broker, the Secretary of State may not accept the name for filing without first receiving specific written approval from the Director of the Department of Consumer and Business Services under the provisions of ORS 705.635

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ORS 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 the designated clerk, deputy or assistant shall have the same force and effect as if signed by the Secretary of State. [1959 c.173 §1]

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

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ORS 56.035 Documents filed with Secretary of State; verification. (1) 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 belief the document is true, correct and complete. An acknowledgment before a notary public or other officer is not required

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ORS 56.037 Authority of Secretary of State to refuse to file documents. (1) 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 debit card number or an account number that is not redacted

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ORS 56.040 [Repealed by 1961 c.280 §2]

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ORS 56.041 Operating Account. (1) The Operating Account is established in the General Fund of the State Treasury

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

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ORS 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. [Amended by 1953 c.549 §138; 1957 c.227 §1; 1963 c.580 §14; 1985 c.351 §1; 1985 c.728 §1; 1993 c.66 §5; 1999 c.652 §5]

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ORS 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. [Amended by 1983 c.740 §6; 1985 c.728 §§2,2a; 1987 c.158 §9; 1987 c.414 §58]

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

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ORS 56.080 Withdrawal of certificates issued and filings accepted; explanatory statement; withdrawal from filing. (1) 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 the certificate or file the document. The secretary shall include in the record for the filing a statement that specifies the reason for the withdrawal and the nature of any other action the secretary took

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

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ORS 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

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

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ORS 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 received in all courts, public offices and official bodies of this state as prima facie evidence of the facts stated in the certificates or documents. A certificate by the Secretary of State as to the compliance or noncompliance of the document with the filing requirements or other provisions of law administered by the office of the Secretary of State, or as to the existence or nonexistence of the facts relating to the matters contained in the documents which would appear from the presence or absence of documents filed in the office of the Secretary of State, shall be taken and received in all courts, public offices and official bodies of this state as prima facie evidence of the existence or nonexistence of the facts stated in the certificates or documents. [1983 c.717 §3; 1987 c.94 §122; 1987 c.414 §62]

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

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ORS 56.140 Fees; waiver; rules. (1) 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

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

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ORS 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. [1987 c.414 §65a]

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

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ORS 56.180 Business Registration Information Center; functions; rules. (1) A Business Registration Information Center is established within the Office of the Secretary of State

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ORS 56.185 Oregon License Directory database; reports required; updates; rules. (1) As used in this section

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ORS 56.200 Definitions for ORS 56.200 to 56.209. As used in ORS 56.200 to 56.209

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ORS 56.203 Office of Small Business Assistance; functions; confidentiality; rules. (1) 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

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ORS 56.204 Response to requests for assistance; data compilations. (1) In performing its duties under ORS 56.203 (2)(e), the Office of Small Business Assistance shall

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ORS 56.206 Reviews and investigations of complaints; conditions for review; notice; recommendations; report. (1) 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

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ORS 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. [2013 c.699 §5]

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