2017 ORS 648.025¹
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 (Registration of assumed business name).

(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 (Renewal of registration).

(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]

Notes of Decisions

Where plaintiff adduced ample testimony of confusing similarity of assumed business names, and defendants conceded that they did not begin doing business under their earlier-registered assumed name for approximately 12 years after its registra­tion and approximately 9 years after plaintiff registered its similar name, judg­ment enjoining defendants from use of earlier-registered similar name was affirmed. Woodburn Const. v. Gen. Develop­ment, 53 Or App 349, 632 P2d 23 (1981)

Chapter 648

Notes of Decisions

Where plaintiff adduced ample testimony of confusing similarity of assumed business names, and defendants conceded that they did not begin doing business under their earlier-registered assumed name for approximately 12 years after its registra­tion and approximately 9 years after plaintiff registered its similar name, judg­ment enjoining defendants from use of earlier-registered similar name was affirmed. Woodburn Const. v. Gen. Develop­ment, 53 Or App 349, 632 P2d 23 (1981)

Since purpose of this chapter is to protect public and not private rights, defendant was not entitled to injunc­tion preventing plaintiff from using assumed business name. Photo & Sound Co. v. Corvallis, 291 Or 105, 628 P2d 733 (1981)

Law Review Cita­tions

62 OLR 151 (1983)

1 Legislative Counsel Committee, CHAPTER 648—Assumed Business Names, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors648.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 648, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano648.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.