ORS 648.005
Definitions
(1)
Intentionally left blank —Ed.(a)
“Assumed business name” means one or more words or numerals, or a combination of words and numerals, that a person uses to identify a business that the person carries on, conducts or transacts, if at the time and place that the person carries on, conducts or transacts the business, the person does not conspicuously disclose the real and true name of each person that is carrying on, conducting or transacting the business.(b)
“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.(2)
“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.(3)
“Carry on, conduct or transact business” means:(a)
To sell, purchase or lease real estate, goods, intangible property or services from or to another person;(b)
To solicit an investment in or a donation to a business;(c)
To knowingly permit another person to solicit an investment in or a donation to a business in which a person has an interest; or(d)
To apply for an extension of credit.(4)
“Entity” means a foreign or domestic corporation, foreign or domestic nonprofit corporation, foreign or domestic profit or nonprofit unincorporated association, foreign or domestic business trust, foreign or domestic limited partnership, foreign or domestic general partnership, foreign or domestic limited liability company, two or more persons that have a joint or common economic interest, a state, the United States, a federally recognized Native American or American Indian tribal government or a foreign government.(5)
“Person” means an individual or an entity.(6)
“Real and true name” means:(a)
The surname of an individual coupled with a combination of the individual’s given names or initials;(b)
The corporate name of a domestic corporation stated in the articles of incorporation or amendment filed with the office of the Secretary of State or the corporate name of a foreign corporation as stated under ORS 60.707 (Application for authority to transact business) (1);(c)
The name of a foreign or domestic limited partnership stated in the documents filed with the office of the Secretary of State under ORS chapter 70;(d)
The name of a foreign or domestic limited liability company stated in the documents filed with the office of the Secretary of State under ORS chapter 63;(e)
The name of a foreign or domestic nonprofit corporation stated in the documents filed with the office of the Secretary of State under ORS chapter 65;(f)
The name of a foreign or domestic general partnership stated in the documents filed with the office of the Secretary of State under this chapter; or(g)
The name of a foreign or domestic business trust or estate stated in the documents filed with the office of the Secretary of State.(7)
“Registrant” means a person for which the Secretary of State has registered an application filed under ORS 648.012 (Registration duty of Secretary of State).(8)
“Service mark” has the meaning given in ORS 647.005 (Definitions). [1963 c.551 §1; 1967 c.269 §5; 1971 c.194 §1; 1971 c.594 §35; 1985 c.677 §66a; 1985 c.728 §90; 1987 c.94 §105; 1995 c.454 §3; 2009 c.14 §6; 2009 c.294 §19; 2011 c.147 §28]
Source:
Section 648.005 — Definitions, https://www.oregonlegislature.gov/bills_laws/ors/ors648.html.
Notes of Decisions
Foreign corporation name that complies with requirements of ORS 60.717 qualifies as real and true business name whether or not name is filed with Secretary of State. Kelly v. Olinger Travel Homes, Inc., 200 Or App 635, 117 P3d 282 (2005), Sup Ct review denied
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