(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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Terms Used In Oregon Statutes 648.018

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assumed business name: includes a name that a person uses to identify a business that incorporates a word or phrase that suggests the existence of additional owners, such as 'Company,' '& Company,' '& Daughters,' '& Associates,' or a similar word or phrase, unless the name is the real and true name of the person that carries on, conducts or transacts the business. See Oregon Statutes 648.005
  • Business: means activity carried on, conducted or transacted by or on behalf of nonprofit, social, fraternal and charitable entities and unincorporated associations, or for commercial gain. See Oregon Statutes 648.005
  • Registrant: means a person for which the Secretary of State has registered an application filed under ORS § 648. See Oregon Statutes 648.005

(2) The application must:

(a) State the assumed business name and the date on which the Secretary of State administratively canceled the registration for the assumed business name; and

(b) State that the grounds for the cancellation do not exist or have been eliminated.

(3) The registrant or an authorized representative of the registrant shall sign and deliver the application described in subsection (1) of this section to the office of the Secretary of State for filing.

(4) If the Secretary of State determines that the application described in subsection (1) of this section contains the information required under subsection (2) of this section, that the information is correct, that the application otherwise complies with the requirements of ORS § 648.010 and that the registrant has paid all fees and charges due since the date of cancellation, the Secretary of State shall reactivate the assumed business name. The reactivation is effective when the Secretary of State files the application.

(5) If the Secretary of State denies a registrant’s application for reactivation under this section, the Secretary of State shall notify the registrant in writing and explain the reason for the denial.

(6) A registrant may appeal the Secretary of State’s decision to deny an application the registrant submitted under this section. The registrant’s appeal is subject to the provisions of ORS Chapter 183. [2011 c.147 § 31]

 

[Repealed by 1963 c.551 § 21]