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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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SECRETARY OF STATE, CORPORATION DIVISION

 

DIVISION 10

BUSINESS REGISTRY SECTION

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 "wind" and "wind" are not distinguishable.

(2) "Entity identifier" means the words "corporation", “company”, "incorporated", "limited", "limited liability company", "limited liability partnership", "business trust", "professional corporation" or "limited partnership" or any abbreviation or derivation thereof. An entity identifier must be separate from other words or parts of words in the business name to be considered an entity identifier. Example: "ProCorp" does not have an entity identifier. "ProCorp, Inc." does.

(3) "Key Word" means a word other than an article, preposition, conjunction, or entity identifier at the end of a business name.

Stat. Auth.: ORS 56, 58, 60, 62, 63, 65, 68, 70, 128, 183, 554 & 648
Stats. Implemented: ORS 58.085, 60.094, 62.131, 63.094, 65.094, 68.735, 70.010, 128.580, 554.005 & 648.051
Hist.: CC 14-1986, f. & ef. 7-23-86; Renumbered from 815-050-0041, 815-050-0043, 815-050-0045, 815-050-0051 & 815-050-0055, CC 2-1988, f. 9-28-88, cert. ef. 10-3-88; CORP 1-1991, f. & cert. ef. 1-22-91; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; CORP 1-1994, f. 12-30-94, cert. ef. 1-1-95; CORP 3-1995, f. 8-31-95, cert. ef. 9-1-95; CORP 4-2006, f. & cert. ef. 6-26-06; CORP 9-2010, f. 6-22-10, cert. ef. 7-1-10

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, OAR 160-010-0010 through 160-010-0014 will be applied jointly.

(1) The records consist of business, professional, cooperative and nonprofit corporations, limited liability companies, limited liability partnerships, limited partnerships, business trust names, reserved or registered names, and assumed business names.

(2) Registration or filing of a name by the Secretary of State Business Registry office only advises the public that the name is registered to individuals or a particular entity. Registration or filing of a name does not grant exclusive rights or interests in that name. A name may be available for registration; however, someone else may hold a prior right to that name, or the name may be too similar to another, and may result in a case of legal action brought against the registrant for dilution or unfair competition of someone else's business.

(3) The Secretary of State's role is ministerial. The Secretary of State does not have the power to determine or settle competing claims to a name under other statutes or under the common law. Unresolved disputes between parties regarding ownership rights to a business name should be directed to the appropriate court of jurisdiction.

(4) Business entity, reserved, or registered names that become inactive through administrative or voluntary dissolution, cancellation, or failure to renew are not considered part of the active records, and inactive names will be considered available for purposes of registration.

(5) Names submitted for registration must be comprised of the English letters "a" through "z," and the Arabic and Roman numerals 0 through 9, in integers or spelled out.

(6) The following special characters and punctuation marks will also be allowed in the name, however they will not, by themselves, make a name distinguishable:

(a) Special Characters - asterisk (*); "at" sign (@); backslash (\); left brace ( { ); right brace ( } ); caret (^); dollar sign ($); "equal to" sign (=); "greater than" sign (>); "less than" sign (<); number sign (#); percentage sign (%); plus sign (+); tilde (~); and underscore (_).

(b) Punctuation Marks - apostrophe ( ' ); left bracket ([ ); right bracket( ]); colon (:); comma (,); dash or hyphen (-); exclamation point (!); left parenthesis (( ); right parenthesis ( ) ); period (.); question mark (? ); single quote mark (" ); double quote mark ( " " ); semicolon (;); and slash ( / ).

Stat. Auth.: ORS 56, 58, 60, 62, 63, 65, 68, 70, 128, 183, 554 & 648
Stats. Implemented: ORS 58.085, 60.094, 62.131, 63.094, 65.094, 68.735, 70.010, 128.580; 554.005 &648.051
Hist.: CORP 4-2006, f. & cert. ef. 6-26-06

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 any other active organized entity, and from a reserved or registered name, if:

(1) Each name contains one or more different letters or numerals, or has a different sequence of letters or numerals, except that adding or deleting the letter "s" to make a word plural, singular, or possessive shall not cause a name to be distinguishable;

(2) One of the key words is different;

(3) The key words are the same, but they are in a different order; or

(4) The key words are the same, but the spelling is creative or unusual.

(5) The difference in key words is between how a number is expressed, as a numeral, Roman numeral, or word representing a numeral.

Stat. Auth.: ORS 56, 58, 60, 62, 63, 65, 68, 70, 128, 183, 554 & 648
Stats. Implemented: ORS 58.085, 60.094, 62.131, 63.094, 65.094, 68.735, 70.010, 128.580; 554.005 &648.051
Hist.: CORP 4-2006, f. & cert. ef. 6-26-06

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 following ways:

(1) Entity identifiers at the end of a name

(2) Punctuation or special characters

(3) Capitalization

(4) Spacing

(5) The presence or absence of an article, preposition, or conjunction, or a symbol for that word, including "a," "an," "and," "at," "by," "for," "in," "plus," "the," "to," and "with." Examples of symbols include "&," "@," and "+."

(6) An "s" is added or deleted to make the word plural, singular, or possessive.

Stat. Auth.: ORS 56, 58, 60, 62, 63, 65, 68, 70, 128, 183, 554 & 648
Stats. Implemented: ORS 58.085, 60.094, 62.131, 63.094, 65.094, 68.735, 70.010, 128.580; 554.005 &648.051
Hist.: CORP 4-2006, f. & cert. ef. 6-26-06; CORP 9-2010, f. 6-22-10, cert. ef. 7-1-10

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 Registry office shall not approve requested names that imply in any way that the business is an agency of the state, or any of its political subdivisions, without proof of authorization to register such a name.

Stat. Auth: ORS 56, 58, 60, 62, 63, 65, 68, 70, 128, 183, 554 & 648
Stats. Implemented: ORS 58.085, 60.094, 62.131, 63.094, 65.094, 68.735, 70.010, 128.580; 554.005 &648.051
Hist.: CORP 4-2006, f. & cert. ef. 6-26-06; CORP 9-2010, f. 6-22-10, cert. ef. 7-1-10

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 shall be the first listed registrant who has not resigned as authorized representative.

Stat. Auth.: ORS 648
Stats. Implemented: ORS 648.010
Hist.: CC 8-1985(Temp), f. & ef. 9-25-85; CC 1-1986, f. & ef. 1-6-86; Renumbered from 815-050-0070; CC 2-1988, f. 9-28-88, cert. ef. 10-3-88; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94

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 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 or member of a foreign or domestic 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.

Stat. Auth.: ORS 648.125
Stats. Implemented: ORS 648.025
Hist.: CORP 2-2012, f. & cert. ef. 3-1-12

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 delivery of official notices and filing acknowledgments.

(2) For the purposes of this rule, “electronically delivered” shall not include electronic facsimile transmission.

Stat. Auth.: ORS 56.022
Stats. Implemented: ORS 56.016
Hist.: CORP 4-2012, f. & cert. ef. 6-1-12

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 may be obtained at public libraries, through bookstores, or by ordering from: Standard Industrial Classification Manual, National Technical Information Service, 5285 Port Royal Rd., Springfield, VA 22161, Order No. PB 87-10012.

(2) A description of the category of the primary business activity shall be sufficient for coding purposes.

Stat. Auth.: ORS 56, ORS 58, ORS 60, ORS 62, ORS 65, ORS 68, ORS 70, ORS 128, ORS 554 & ORS 648
Stats. Implemented: ORS 58.225, ORS 60.787, ORS 62.453, ORS 63.787, ORS 65.787, ORS 68.715, ORS 70.460, ORS 128.595, ORS 554.315 & ORS 648.010
Hist.: CC 10-1985, f. & ef. 9-25-85; Renumbered from 815-050-0030; CC 2-1988, f. 9-28-88, cert. ef. 10-3-88; CORP 1-1991, f. & cert. ef. 1-22-91; CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94; CORP 1-1994, f. 12-30-94, cert. ef. 1-1-95

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” on the filed copy sent to registrant means the registration date, for purposes of 647.045(2).

(3) ”Correspondent name and mailing address” means the registrant’s mailing address for purposes of 647.055.

(4) ”Applicant,” after the application has been filed under 647.015, means a “registrant.”

(5) “Proof of concurrent United States Patent and Trademark office registration” has the same effect as a renewal for the purposes of 647.075(2).

Stat. Authority: ORS 647.015
Stat. Implemented: ORS 647
Hist.: CORP 3-2009, f. 12-22-09, cert. ef. 1-1-10

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) Applicant name and address. The applicant can be either:

(a) An individual, or

(b) An entity.

(2) If the applicant is an entity, the following must be included:

(a) Entity type,

(b) State of domicile, if the entity is a corporation, partnership, or an LLC, and

(c) Names of the general partners, if the entity is a partnership.

(3) Correspondent name and address for mailing notices.

(4) Goods or services on or in connection with which the mark is used.

(5) Mode and manner in which the mark is used on or in connection with the goods or services.

(6) Class into which the goods or services fall.

(7) Date mark was first used anywhere.

(8) Date mark was first used by applicant or a predecessor in interest in Oregon.

(9) Written description that comprises all words and designs included in the mark.

(10) One specimen of the mark as actually used.

(11) A statement that the applicant owns the mark, the mark is in use, and no other person has registered the mark with the federal government or in Oregon or has the right to use the mark or a mark that resembles the mark as to be likely to cause confusion or mistake or deceive when applied to the goods or services of the other person.

(12) The trade or service mark application must be signed and verified by the applicant by declaration under penalties of perjury. If the applicant is an entity, the application must be signed by a member of the firm, officer of the corporation, limited liability company or association applying to register the mark, as evidenced by title.

Stat. Authority: ORS 647.015
Stat. Implemented: ORS 647.015
Hist.: CORP 3-2009, f. 12-22-09, cert. ef. 1-1-10

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.

Stat. Auth: ORS 56.022
Stats. Implemented: ORS 647.055
Hist.: CORP 3-2009, f. 12-22-09, cert. ef. 1-1-10

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 used:

(1) Goods:

(a) 101:

(A) Chemical Products used in industry;

(B) Artificial and Synthetic Resins;

(C) Plastics in the Form of Powders, Liquids or Paste;

(D) Fertilizers;

(E) Tanning and Adhesive Substances.

(b) 102:

(A) Paints, Varnishes, and Lacquers;

(B) Coloring Matters and Natural Resins.

(c) 103:

(A) Laundry, Cleaning, and Polishing Substances;

(B) Cleansing and Cosmetic Items;

(C) Perfumery and Essential Oils.

(d) 104:

(A) Industrial Oils and Greases;

(B) Lubricants and Absorbing Compositions;

(C) Fuels and Illuminants.

(e) 105:

(A) Pharmaceutical, Veterinary and Sanitary Substances;

(B) Infants' and Invalids' Foods;

(C) Bandaging Material;

(D) Dental Wax;

(E) Disinfectants and Weed Killers.

(f) 106: Metal and Articles Made from Metal and not Included in Other Classes.

(g) 107:

(A) Machines and Machine Tools;

(B) Motors (Except for Land Vehicles);

(C) Large Size Agricultural Implements;

(D) Incubators.

(h) 108: Hand Tools and Cutlery.

(i) 109:

(A) Scientific, Nautical, Surveying and Electrical Apparatus and Instruments;

(B) Photographic, Cinematographic, Optical, Lifesaving, and Teaching Apparatus;

(C) Cash Registers and Calculating Machines.

(j) 110: Surgical, Medical, Dental, and Veterinary Instruments and Apparatus.

(k) 111: Installations for Lighting, Heating, Steam Generating, Cooking, Refrigerating, Drying, Ventilating, Water Supply and Sanitary Purposes.

(l) 112: Vehicles.

(m) 113: Firearms, Ammunition, and Fireworks.

(n) 114: Precious Metals and Jewelry.

(o) 115: Musical Instruments and Supplies; Phonographs, Recording Tapes, Records, and Tape Recorders.

(p) 116:

(A) Paper Articles and Bookbinding Materials;

(B) Printed Matter, Photographs and Stationery;

(C) Artists' Materials and Paint Brushes;

(D) Instructional and Teaching Material.

(q) 117:

(A) Plastics in the Form of Sheets, Blocks and Rods;

(B) Packing or Insulating Materials;

(C) Hose Pipes (Non-metallic).

(r) 118:

(A) Leather, Imitations and Articles Made from Both and Not Included in Other Classes;

(B) Skins and Hides;

(C) Travel Gear, Umbrellas and Walking Sticks;

(D) Saddlery.

(s) 119:

(A) Building and Road Materials;

(B) Stone, Stone Products; Cement and Earthenware Pipes.

(t) 120:

(A) Furniture, Mirrors, Picture Frames;

(B) Articles (not Included in Other Classes) of Wood, Wicker, Ivory, Shell;

(C) Substitutes for all These Materials, or of Plastics.

(u) 121:

(A) Small Domestic Utensils and Containers;

(B) Combs, Sponges and Brushes (Other than Paint Brushes);

(C) Brush Making Materials;

(D) Glassware, Porcelain and Earthenware, Not Included in Other Classes.

(v) 122:

(A) Ropes, String and Nets;

(B) Canvas Products and Stuffing Materials.

(w) 123: Yarns and Threads.

(x) 124:

(A) Bed and Table Covers;

(B) Textile Articles not Included in Other Classes.

(y) 125: Clothing and Footwear.

(z) 126: Garment Decorations and Buttons.

(aa) 127: Floor Coverings and Non-textile Wall Hangings.

(bb) 128: Toys; Sporting Articles (except Clothing); Decorations.

(cc) 129:

(A) Meats; Fruits and Vegetables (Except Fresh);

(B) Dairy Products; Jams; Oils; Fats; Preserves and Pickles.

(dd) 130: Coffee, Tea, Cocoa and Coffee Substitutes, Rice, Tapioca, Sago, Flour, Cereals, Yeast, Baking Powder and Condiments, Breads, Pastry, Confectionary, and Honey.

(ee) 131:

(A) Agricultural, Horticultural, Forestry Products and Grains not Included in Other Classes;

(B) Living Animals, Plants and Flowers;

(C) Fruits, Vegetables and Seeds;

(D) Foodstuffs for Animals.

(ff) 132: Beer and Nonalcoholic Drinks.

(gg) 133: Wines, Spirits and Liqueurs.

(hh) 134: Tobacco and Smokers' Articles.

(2) Services:

(a) 135: Advertising and Business;

(b) 136: Insurance and Financial;

(c) 137: Construction and Repair;

(d) 138: Communication;

(e) 139: Transportation and Storage;

(f) 140: Material Treatment;

(g) 141: Education and Entertainment;

(h) 142: Miscellaneous.

Stat. Auth.: ORS 647.024
Stats. Implemented: ORS 647.024
Hist.: CORP 3-2009, f. 12-22-09, cert. ef. 1-1-10

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, or 554.302 may be waived by the Secretary of State if the entity requests the waiver and provides evidence of the entity’s continued existence as an active concern during the period of administrative dissolution.

(1) A dissolved business entity that wishes to reinstate shall submit to the Corporation Division a reinstatement application, current annual report, appropriate fee, and documentation showing evidence of continued existence during dissolution.

(2) Continued existence of the entity as an active concern shall be shown by:

(a) Documentation provided by the entity demonstrating continued operation or existence, such as a signed statement by a certified public accountant or licensed attorney, tax or financial records, and

(b) Additional documentation the Secretary of State may require.

Stat. Auth.: ORS 56.022
Stats. Implemented: ORS 60.654, 63.654, 65.654, 67.665, 70.440, 128.599, & 554.307
Hist.: CORP 1-2009, f. & cert. ef. 9-3-09; CORP 2-2012, f. & cert. ef. 3-1-12

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 Professional Corporations to be 1.553656, following the formula prescribed in ORS 58.187.

(2) Therefore, joint and several liability claims under ORS 58.185(5) & (8) made against a single shareholder shall not exceed $450,000.

(3) The total joint and several liability for a single claim made against one or more licensed Oregon shareholders under ORS 58.185 (5) and (8) shall not exceed $3,100,000.

(4) As required by ORS 58.187(1), the Corporation Division hereby adopts said figures.

Stat. Auth.: ORS 58.187
Stats. Implemented: ORS 58.187
Hist.: CORP 1-2000, f. & cert. ef. 2-1-00; CORP 1-2006, f. & cert. ef. 2-1-06; CORP 1-2012, f. & cert. ef. 3-1-12

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.

Stat. Auth.: ORS 56.022
Stats. Implemented: ORS 60.472, 62.607, 63.470, 67.342, & 70.505
Hist.: CORP 2-2012, f. & cert. ef. 3-1-12

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 192.445.

(1) For purposes of this rule, "personal information" means a person's home address, personal telephone number and personal electronic mail address.

(2) The following information included in records filed with the Corporation Division must be available for public inspection without regard to whether it constitutes personal information:

(a) The street address of a Registered Agent required to be filed under ORS 58, 60, 62, 63, 65, 67, 70, 128, and 554.

(b) The address of an applicant, authorized representative, incorporator, manager, member, organizer, partner, registrant or trustee required to be filed under ORS 58, 60, 62, 63, 65, 67, 70, 128, 554, 647, and 648.

(3) Pursuant to ORS 192.445, Personal Safety Exemption (PSE) requests that personal information contained in records filed with the Secretary of State Corporation Division be withheld from public disclosure will be processed in accordance with the procedures set out in OAR 137-004-0800.

(4) If the PSE request accompanies the submission of the record to which it pertains, the record will be filed and will be subject to public disclosure pending the Division's consideration of and issuance of a decision on the PSE request. If the PSE request applies to a record previously filed with the Division, the filing will remain effective and subject to public disclosure pending the Division's consideration of and issuance of a decision on the PSE request.

(5) If the Division grants a PSE request and the personal information subject to the PSE is of a type listed in paragraph (3) of this rule, the Division will include in the notice to the requestor a statement that in order for the filed record to remain valid and effective, disclosable information to substitute for the exempt personal information must be submitted to the Division within 30 days of the date of the notice. The statement will inform the requestor of the consequences of failure to provide substitute information. This statement will also be sent to the registered agent of any entity on whose behalf the filing was made if that entity might be affected by failure to provide substitute information.

(6) If the Division does not receive substitute information from the requestor or from an affected entity within the time provided in paragraph (5), the Division will cancel the filing to which the PSE request applies and will commence administrative dissolution of the affected entity or take such other action as is required by law as a consequence of the invalidity of the filing.

Stat. Auth.: ORS 56.014 & 56.022
Stats. Implemented:
Hist.: CORP 2-2005, f. & cert. ef. 3-1-05

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 Notice of Intent will contain:

(a) The name, address, and telephone number of the owner of the merchandise to be sold.

(b) The signature of the owner of the merchandise.

(c) The title of the signer, if owner is a legal entity.

(d) The name, address and telephone number of the person who will be in charge and responsible for the conduct of the sale.

(e) The descriptive name, location, and beginning and ending dates of the sale.

(f) Confirmation that no person who has an ownership interest in the business or in the merchandise to be sold is subject to a court order resulting from a civil enforcement action under ORS 646.608.

(2) When filing a Notice of Intent, the Secretary of State is not required to check for previous filings by the owner of the merchandise to be sold.

(3) For the purposes of this section, "location" is considered to be the physical location where the merchandise is sold, including street address, city, state and zip code.

Stat. Auth.: ORS 56.022
Stats. Implemented: 2007 SB 684
Hist.: CORP 3-2007, f. 12-14-07 cert. ef. 1-1-08

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 cancellations thereof.

Stat. Auth.: ORS 56.022
Stats. Implemented: 2007 SB 684
Hist.: CORP 3-2007, f. 12-14-07 cert. ef. 1-1-08

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.

Stat. Auth.: ORS 56.022
Stats. Implemented: 2007 SB 684
Hist.: CORP 3-2007, f. 12-14-07 cert. ef. 1-1-08

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 merchandise to be sold shall not be verified or validated against the records of the Corporation Division when filing notice.

Stat. Auth.: ORS 56.022
Stats. Implemented: 2007 SB 684
Hist.: CORP 3-2007, f. 12-14-07 cert. ef. 1-1-08

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.

Stat. Auth.: 2013 OL Ch. 580, Sec. 1(4)
Stats. Implemented: 2013 OL Ch. 580
Hist.: CORP 3-2013, f. 12-20-13, cert. ef. 1-1-14; CORP 1-2014, f. & cert. ef. 1-3-14

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 registration provisions that are not directly charged by the issuing agency. These fees include charges associated with required insurance, performance bonds, and inspections. These fees are incurred solely to do business, and are not generally applicable, such as building permits and utility fees.

(3) “Group Administrator” means a representative of the group or agency who is responsible for entering and editing that agency’s License Directory information and manages users for their group.

(4) “Small Business” means a prospective, new or established business with 100 or fewer employees that is or will be located in Oregon, in accordance with ch. 580, Oregon Laws 2013, section 1.

Stat. Auth.: 2013 OL Ch. 580, Sec. 1(4)
Stats. Implemented: 2013 OL Ch. 580
Hist.: CORP 3-2013, f. 12-20-13, cert. ef. 1-1-14; CORP 1-2014, f. & cert. ef. 1-3-14

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 of State.

(b) All state and local agencies that issue licenses, permits and registrations for which fees and fee-related regulations are imposed on any business may report the information designated in this section to the Secretary of State.

(c) Additional relevant information may also be reported.

(2) Directory information will be formatted and organized in a database maintained by the Secretary of State. Group Administrators may select some information from choices presented by the Oregon License Directory application.

(3) Required Information. The information for licenses, permits and registrations shall include:

(a) “Name.” The name of the license, permit or registration.

(b) “Start Date.” The date this license, permit or registration will first be seen by the public in the license directory.

(c) “License Category.” The type of field the license, permit or registration applies to.

(d) “Group.” The group or agency associated with this license, permit or registration.

(e) “Description of license.” This is a description of the duties/activities that the license covers and often includes definitions.

(f) “Duration.” The length of time the license, permit or registration will be effective. The duration of renewals is also required.

(g) “Fee.” The dollar amount of fees normally associated with the license, permit or registration, including application fee, exam fee, et cetera.

(A) Non-normative fees, such as late fee or expedite fee are not included.

(B) Renewal fees, duplicate fees, and other fees occurring after the initial issuance of the license.

(h) “Processing Time.” The average time to process and issue the license, permit or registration on July 1st.

(i) “License Count.” The number of active licenses, permits or registrations as of July 1st.

(j) ”Bonding Requirements.” The conditions where a bond may be required and the amount of the bond.

(k) “Insurance Requirements.” The amount and type of insurance required for the license, permit or registration.

(4) The information for licenses, permits and registrations may include:

(a) “Fee exemption.” Conditions where all or part of the license fee may be waived.

(b) “Examination Information.” Information about testing or examination requirements.

(c) “Continuing Education Requirements.” Additional education required to renew the license.

(d) “Prerequisites.” Additional requirements, such as education or work experience, in order to get the license, permit or registration.

(e) “Required Documentation.” Information about documentation necessary to get the license, permit or registration.

(f) “Application Form Name.” The name of the application form for this license, permit or registration.

(g) “License Renewal Information.” Information about requirements for renewal, such as timing of notices, requirements for inspections, and other information not covered elsewhere. The renewal duration and continuing education requirements may also be noted.

(h) “Duplicate License.” The information required to get a duplicate license, permit or registration.

(i) “Statutes, Administrative Rules or Ordinances.” Any applicable law relating to the issuance of the license, permit or registration.

(j) Other relevant information may be provided.

Stat. Auth.: 2013 OL Ch. 580, Sec. 1(4)
Stats. Implemented: 2013 OL Ch. 580
Hist.: CORP 3-2013, f. 12-20-13, cert. ef. 1-1-14; CORP 1-2014, f. & cert. ef. 1-3-14

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 31 of that year.

(3) All information that is reported for a given year must be valid for July 1st of that year.

Stat. Auth.: 2013 OL Ch. 580, Sec. 1(4)
Stats. Implemented: 2013 OL Ch. 580
Hist.: CORP 3-2013, f. 12-20-13, cert. ef. 1-1-14; CORP 1-2014, f. & cert. ef. 1-3-14

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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