Chapter 648 — Chapter 648

ORS 648.005 Definitions. As used in this chapter

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ORS 648.007 Requirement to register assumed business name and service mark; exceptions. (1) 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

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ORS 648.008 Optional registration of real and true name. (1) 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

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ORS 648.010 Registration of assumed business name; contents of application; designation of representative; effect. (1) 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 assumed business name shall file a consolidated application to register the assumed business name

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ORS 648.012 Registration duty of Secretary of State. (1) 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

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ORS 648.014 Forms; rules. (1) Upon request, the Secretary of State may furnish forms for documents required or permitted to be filed by this chapter

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ORS 648.015 [1963 c.551 §7; 1967 c.233 §3; 1969 c.154 §2; 1971 c.318 §13; 1981 c.633 §74; repealed by 1985 c.728 §110]

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ORS 648.017 Renewal of registration; fee; contents of application; rules; effect of failure to renew; notice. (1) 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 renewal a renewal fee. The application for renewal must include all identifying information required by rule of the Secretary of State. Failure to apply for renewal and pay the required fee is grounds for administrative cancellation of the registration

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ORS 648.018 Reactivation of assumed business name; application; notification of denial; appeal. (1) 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

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ORS 648.020 [Repealed by 1963 c.551 §21]

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ORS 648.025 Amendment of registration; application; statement of withdrawal, incapacity or death; designation of representative. (1)(a) 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

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ORS 648.029 Alteration of registration to reflect corporate structure change. 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 name. [1969 c.154 §8; 1995 c.454 §7]

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ORS 648.030 [Repealed by 1963 c.551 §21]

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ORS 648.035 [1963 c.551 §5; 1967 c.233 §1; repealed by 1969 c.154 §10]

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ORS 648.040 [Repealed by 1963 c.551 §21]

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ORS 648.045 [1963 c.551 §4; repealed by 1981 c.633 §83]

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ORS 648.050 [Amended by 1955 c.661 §1; 1963 c.551 §8; 1969 c.154 §4; repealed by 1985 c.728 §110]

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ORS 648.051 When registration refused; affidavit of applicant; registration effective until canceled. (1) Subject to subsection (2) of this section, the Secretary of State shall register the assumed business name contained in the application

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ORS 648.055 Cancellation of registration upon dissolution or when corporate authority withdrawn or revoked. (1) 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

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ORS 648.057 Cancellation of registration upon termination of business; signature of registrant; delivery. (1) 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

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ORS 648.060 [Amended by 1963 c.551 §9; repealed by 1967 c.152 §1 (648.061 enacted in lieu of 648.060)]

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ORS 648.061 Consent of nonresident persons to service of process. 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 served at any time any process, notice or demand required or permitted by law to be served upon them. [1967 c.152 §2 (enacted in lieu of 648.060); 1995 c.454 §9]

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ORS 648.070 Service of process on nonresident. 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 notice of the service and a copy of the process by certified mail to the principal office of the persons against whom the process or pleadings are directed, and the return receipt of the latter and plaintiff’s affidavit of compliance with this section are appended to the process and entered as a part of the return thereof. The defendant persons against whom the process or pleadings are directed shall have 30 days after the date of mailing of the process or pleadings in which to appear and plead. Personal service outside the state in accordance with the statutes of Oregon relating to personal service of summons outside the state shall relieve the plaintiff from mailing copies of the summons or process by registered mail as provided in this section. [Amended by 1963 c.551 §10; 1983 c.717 §33; 1991 c.132 §24]

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ORS 648.080 [Amended by 1963 c.551 §11; repealed by 1985 c.728 §110]

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ORS 648.081 False or fraudulent registration prohibited; cancellation of conflicting registration; effect on other remedies. (1) 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 confusion with another person

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ORS 648.090 [Amended by 1963 c.551 §12; repealed by 1985 c.728 §110]

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ORS 648.100 [Amended by 1961 c.355 §2; repealed by 1963 c.551 §21]

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ORS 648.105 [1963 c.551 §13; repealed by 1983 c.717 §42]

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ORS 648.110 [Repealed by 1963 c.551 §21]

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ORS 648.115 Filing, service, copying and certification fees. 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 under this chapter. [1963 c.551 §15; 1967 c.233 §2; 1969 c.154 §9; 1981 c.633 §77; 1985 c.351 §26; 1987 c.94 §166; 1989 c.383 §5; 1991 c.132 §25; 1995 c.454 §11; 1999 c.652 §18]

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ORS 648.125 Rules. 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. [1963 c.551 §14; 2003 c.14 §393]

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ORS 648.130 [1971 c.194 §4; repealed by 1985 c.728 §110]

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ORS 648.135 Effect of violation of ORS 648.007; damages and attorney fees; effect on other laws. (1) 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

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ORS 648.990 Penalties. (1) Violation of any of the provisions of this chapter is punishable by a civil penalty not exceeding $100

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ORS 648.992 Penalty for signing false document. (1) A person commits the crime of signing a false document for filing if the person

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