Oregon Statutes 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.
Terms Used In Oregon Statutes 648.025
- 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
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an individual or an entity. 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
- Trustee: A person or institution holding and administering property in trust.
(b) A registrant or an authorized representative of the registrant shall deliver an application to amend an assumed business name to the office of the Secretary of State for filing within 60 days after any of the following occurs:
(A) The identity, name or address of a person that carries on, conducts or transacts the business for which the assumed business name is registered changes;
(B) The identity, name or address of the person authorized to represent the registrant or registrants changes;
(C) The registrant commences to carry on, conduct or transact business under the assumed business name in a county or counties other than the county or counties where the registrant’s application stated that the registrant intended to carry on, conduct or transact business under the assumed business name; or
(D) The address of the principal place of business changes.
(2) Except as provided in this subsection, the application required by subsection (1) of this section must be signed by the registrant, if the registrant is an individual, by the officer of a foreign or domestic corporation who is authorized to sign, if the registrant is a foreign or domestic corporation, by a general partner of a foreign or domestic limited partnership, if the registrant is a foreign or domestic limited partnership, by a manager of a foreign or domestic limited liability company, or by a member of a foreign or domestic member-managed limited liability company, if the registrant is a foreign or domestic limited liability company, or by a trustee of a foreign or domestic business trust, if the registrant is a foreign or domestic business trust. The authorized representative, instead of the registrant or registrants, may sign an application required under subsection (1) of this section if:
(a) The address of a person under subsection (1)(b)(A) or (B) of this section changes.
(b) A county is added or deleted under subsection (1)(b)(C) of this section.
(c) The address of the principal place of business under subsection (1)(b)(D) of this section changes.
(3) If a person who has an interest in a business with a registered assumed business name withdraws from the business, becomes incapacitated or dies, the person who withdraws, or in case of the person’s incapacity or death, the legal representative of the person, or the authorized representative, shall submit to the office of the Secretary of State a statement of the withdrawal, incapacity or death.
(4) Amending the registration of an assumed business name supersedes the original registration of the assumed business name on all matters amended but does not renew the registration as required under ORS § 648.017.
(5) The Secretary of State may designate a new authorized representative by rule if the authorized representative withdraws and a new authorized representative is not appointed within the time period prescribed in this section. [1963 c.551 § 6; 1969 c.154 § 3; 1981 c.633 § 76; 1985 c.728 § 99; 1987 c.94 § 162; 1995 c.454 § 6; 2011 c.147 § 29]