Duties of Secretary of State

ORS 56.016
Filing facsimile transmissions and other reproductions of documents

  • notices of filing
  • rules
  • fees


(1)

Notwithstanding any provisions of ORS chapters 58, 60, 62, 63, 65, 67, 70, 554, 647 and 648 or ORS 128.560 (“Business trust” described) to 128.600 (Filing, service, copying and certification fees), 649.010 (Definitions for ORS 649.010 to 649.080) to 649.080 (Unauthorized display of name or insignia of motor vehicle association), 649.990 (Penalties) or 661.210 (Counterfeiting of union label and possession or sale thereof prohibited) to 661.280 (Attorney fees) relating to the Secretary of State as the filing officer:

(a)

A document may be delivered to the office of the Secretary of State for filing by electronic facsimile transmission if the original document is otherwise acceptable for filing.

(b)

Any other reproduction of a document may be delivered to the office of the Secretary of State for filing if the original document is otherwise acceptable for filing.

(c)

A document delivered under paragraph (a) or (b) of this subsection need not be accompanied by a true copy of the document. After filing a document delivered under paragraph (a) or (b) of this subsection, the Secretary of State shall return an acknowledgment of filing to the domestic or foreign business entity or the representative of the domestic or foreign business entity.

(2)

Subsection (1) of this section applies only to documents for which the Secretary of State is the filing officer under ORS 56.014 (Secretary of State as filing officer).

(3)

(a) The Secretary of State by rule may specify a method, including but not limited to an electronic method, by which the Secretary of State will send a notice, instead of or in addition to a written notice by mail, that is related to a document for which the Secretary of State is the filing officer under ORS 56.014 (Secretary of State as filing officer). The Secretary of State shall permit a person that files a document to elect to receive notice by the method that the Secretary of State specifies under this paragraph. If the person does not elect to receive notice by the specified method, the Secretary of State shall send the notice by mail.

(b)

The Secretary of State by rule may specify the form and format of and the manner in which a person may make the election described in paragraph (a) of this subsection and submit contact information that is suitable for receiving notice by the method the Secretary of State specifies under paragraph (a) of this subsection.

(c)

Notwithstanding paragraph (a) of this subsection, the Secretary of State may not send a notice required before an administrative dissolution or a suspension or revocation of authority to transact business in this state using any method other than in writing and by mail.

(4)

The Secretary of State by rule may establish fees for receiving and sending notices related to documents delivered for filing. [1993 c.66 §§4,14; 1995 c.215 §2; 1995 c.689 §35; 1997 c.775 §87; 1999 c.486 §1; 1999 c.652 §2; 2019 c.62 §1]
Note: The amendments to 56.016 (Filing facsimile transmissions and other reproductions of documents) by section 1, chapter 62, Oregon Laws 2019, become operative July 1, 2020, and apply to documents that the Secretary of State accepts for filing on or after July 1, 2020. See sections 3 and 4, chapter 62, Oregon Laws 2019. The text that is operative until July 1, 2020, is set forth for the user’s convenience.
56.016 (Filing facsimile transmissions and other reproductions of documents). (1) Notwithstanding any provisions of ORS chapters 58, 60, 62, 63, 65, 67, 70, 554, 647 and 648 or ORS 128.560 (“Business trust” described) to 128.600 (Filing, service, copying and certification fees), 649.010 (Definitions for ORS 649.010 to 649.080) to 649.080 (Unauthorized display of name or insignia of motor vehicle association), 649.990 (Penalties) or 661.210 (Counterfeiting of union label and possession or sale thereof prohibited) to 661.280 (Attorney fees) relating to the Secretary of State as the filing officer:

(a)

A document may be delivered to the office of the Secretary of State for filing by electronic facsimile transmission if the original document is otherwise acceptable for filing.

(b)

Any other reproduction of a document may be delivered to the office of the Secretary of State for filing if the original document is otherwise acceptable for filing.

(c)

A document delivered under paragraph (a) or (b) of this subsection need not be accompanied by a true copy of the document. After filing a document delivered under paragraph (a) or (b) of this subsection, the Secretary of State shall return an acknowledgment of filing to the domestic or foreign business entity or its representative.

(2)

Subsection (1) of this section applies only to documents delivered to the office of the Secretary of State for filing under ORS chapters 58, 60, 62, 63, 65, 67, 70, 554, 647 and 648 and ORS 128.560 (“Business trust” described) to 128.600 (Filing, service, copying and certification fees), 649.010 (Definitions for ORS 649.010 to 649.080) to 649.080 (Unauthorized display of name or insignia of motor vehicle association), 649.990 (Penalties) and 661.210 (Counterfeiting of union label and possession or sale thereof prohibited) to 661.280 (Attorney fees).

(3)

The Secretary of State by rule may establish fees for receiving and sending acknowledgment of filing of documents delivered for filing under this section.

Source

Last accessed
Jun. 26, 2021