reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 475 - CONTROLLED SUBSTANCES › Section 150-475-2100 - Marijuana Tax: Categorization of Product Types

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions:
(a) Except as otherwise specifically defined
			 in this rule, the definitions in ORS
			 475C.009 apply to the same terms
			 as used in this rule.
(b) "Blended
			 pre-roll" means a combination of buds and shake/trim in some sort of plain,
			 non-infused wrapping, and which is designed for smoking.
(c) "Buds" are included within the definition
			 of "marijuana flowers" in ORS
			 475C.009(24).
(d) "Capsule" means a small soluble
			 container, usually made of gelatin that encloses a dose of a cannabinoid
			 product, concentrate, or extract intended for human ingestion.
(e) "Combined product" means any product that
			 combines buds and shake/trim with concentrate and/or extract, or combines
			 concentrate with extract.
(f)
			 "Infused pre-roll" means usable marijuana combined with one or more other
			 marijuana items other than plain, non-infused wrapping or filter/tips, and
			 which is designed for smoking.
(g)
			 "Marijuana retailer" means a marijuana retailer licensed by the Oregon Liquor
			 and Cannabis Commission, or any employee or representative of a marijuana
			 retailer, who sells marijuana items on or after January 4, 2016.
(h) "Medical marijuana card" means a registry
			 identification card held by either a patient or a designated primary caregiver,
			 as described in ORS 475C.783.
(i) "Shake" and "trim" are included within
			 the definition of "marijuana leaves" in ORS
			 475C.009(26).
(j) "Suppository" means a small soluble
			 container designed to melt at body temperature within a body cavity other than
			 the mouth, especially the rectum or vagina containing a cannabinoid product,
			 concentrate, or extract.
(k)
			 "Tincture" means a solution exempt from the Liquor Control Act under ORS
			 471.035 that combines alcohol
			 and cannabinoid concentrate or extract. A tincture may or may not include other
			 ingredients intended for human consumption or ingestion.
(l) "Topical" means a cannabinoid product
			 intended to be applied to skin or hair.
(m) "Transdermal patch" means an adhesive
			 substance applied to human skin that contains a cannabinoid product,
			 concentrate, or extract for absorption into the bloodstream.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 475 - CONTROLLED SUBSTANCES › Section 150-475-4010 - Psilocybin Tax: Payment Due Dates

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) For
			 the purposes of all Division 475 Rules, "Client," "Psilocybin Service Center,"
			 "Psilocybin Service Center Operator," "Psilocybin Products," and "Psilocybin
			 Services" have the same meanings given under ORS
			 475A.220.
(b) For the purposes of all Division 475
			 Rules, "Psilocybin Tax" means the tax levied by ORS
			 475A.662.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 475 - CONTROLLED SUBSTANCES › Section 150-475-4020 - Psilocybin Tax: Filing Extension

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, "good cause"
			 means circumstances beyond the control of the psilocybin service center as
			 established under section (5)(a) of OAR 150-305-0068.
(2) For purposes of this rule, "good cause"
			 does not include:
(a) Circumstances
			 established in section (5)(b) of OAR 150-305-0068;
(b) Lack of knowledge about filing deadlines
			 or requirements;
(c) Other
			 circumstances that are within the control of the psilocybin service center
			 operator or its representatives.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 475 - CONTROLLED SUBSTANCES › Section 150-475-4030 - Psilocybin Tax: Registration of Service Centers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A psilocybin service center operator must
			 register electronically with the department as a psilocybin tax collector. A
			 psilocybin service center operator must use a department assigned
			 identification number or an Oregon Health Authority issued license number on
			 all reports and payment vouchers filed with the department that are associated
			 with the psilocybin tax. Registration with the department is required to
			 schedule an appointment to make psilocybin tax payments with the
			 department.
(2) The department will
			 make forms available for reports and payment vouchers for use by psilocybin
			 service center operators in reporting and paying psilocybin tax.
(3) A psilocybin service center operator must
			 notify the department in writing if the status of the psilocybin service center
			 changes. Specifically, a psilocybin service center must notify the department
			 when an individual or entity acquires a greater than 50% financial interest in
			 the ownership of the psilocybin service center, address changes of the
			 psilocybin service center, or if the psilocybin service center operator
			 permanently ceases the sale of psilocybin products from a particular psilocybin
			 service center.
Statutory/Other Authority: ORS
				  305.100 &
				  475A.702
Statutes/Other Implemented: ORS
				  475A.666
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 475 - CONTROLLED SUBSTANCES › Section 150-475-4040 - Psilocybin Tax: Liability for Unpaid Psilocybin Tax

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, "psilocybin
			 service center operator" has the meaning given under OAR 150-475-4010 and
			 includes, but is not limited to, an officer, member or employee of a
			 corporation, partnership, or other business entity that makes retail sales of
			 psilocybin items to consumers if, among other duties, that individual has:
(a) Authority to see that the psilocybin
			 taxes are paid when due;
(b)
			 Authority to prefer one creditor over another;
(c) Authority to hire and dismiss
			 employees;
(d) Authority to set
			 employees' working conditions and schedules;
(e) Authority to sign or co-sign
			 checks;
(f) Authority to compute
			 and sign psilocybin tax reports;
(g) Authority to make fiscal decisions for
			 the business; or
(h) Authority to
			 incur debt on behalf of the business.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 475 - CONTROLLED SUBSTANCES › Section 150-475-4050 - Psilocybin Tax: Model Recordkeeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. For purposes of this rule,
			 these terms shall be defined as follows:
(a)
			 "Database Management System" means a software system that controls, relates,
			 retrieves, and provides accessibility to data stored in a database.
(b) "Electronic Data Interchange" or "EDI
			 technology" means the computer-to-computer exchange of business transactions in
			 a standardized structured electronic format determined by the
			 department.
(c) "Hard copy" means
			 any documents, records, reports, or other data printed on paper.
(d) "Machine-sensible record" means a
			 collection of related information in an electronic format. Machine-sensible
			 records do not include hard-copy records that are created or recorded on paper
			 or stored in or by an imaging system such as microfilm, microfiche, or
			 storage-only imaging systems.
(e)
			 "Storage-only imaging system" means a system of computer hardware and software
			 that provides for the storage, retention and retrieval of documents originally
			 created on paper. It does not include any system, or part of a system, that
			 manipulates or processes any information or data contained on the document in
			 any manner other than to reproduce the document in hard copy or as an optical
			 image.
(f) "Psilocybin service
			 center operator" has the meanings given under ORS
			 475A.220 and OAR
			 150-475-4010.
(g) "Psilocybin
			 tracking system" is the system developed and maintained by the Oregon Health
			 Authority under ORS 475A.400.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 475 - CONTROLLED SUBSTANCES › Section 150-475-4060 - Psilocybin Tax: Refund of Excess Psilocybin Tax to Clients

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a psilocybin
			 service center client determines that the actual amount of psilocybin tax the
			 client paid to a psilocybin service center operator was computed on an amount
			 that is not taxable or exceeds the correct tax amount, the client may request a
			 refund of the overpayment of psilocybin tax in writing to the psilocybin
			 service center operator where the excess psilocybin tax was paid. The request
			 must be mailed or delivered to the psilocybin service center operator within 30
			 days of the date of the excess tax payment.
(2) Written notification of excess psilocybin
			 tax paid and any request for refund must include the name of the psilocybin
			 service center or psilocybin service center operator's business name, nature of
			 the excess psilocybin tax paid, the remedy requested, and a copy of the receipt
			 clearly identifying the date of purchase and proof of payment of the excess
			 psilocybin tax.
(3) If, within 60
			 days of the date of the original request for refund established in section (1),
			 the psilocybin service center operator does not return the excess tax to the
			 client, the client may file a written appeal to the Department of Revenue
			 within 120 days of the date of the original request for refund. An appeal to
			 the department requires written notification to the department as outlined in
			 section (2) of this rule.
(4) The
			 department must refund excess psilocybin taxes to a client when shown by
			 satisfactory proof that:
(a) The client paid
			 excess psilocybin tax to a psilocybin service center operator;
(b) The excess psilocybin tax was not
			 refunded to the client by the psilocybin service center operator; and
(c) The client made a timely request for
			 refund of excess psilocybin tax paid as established in this rule.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 475 - CONTROLLED SUBSTANCES › Section 150-475-4080 - Psilocybin Tax: Psilocybin Service Center Receipt Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
A psilocybin service center operator must provide clients a
				written or printed receipt at the point-of-sale of all psilocybin products that
				includes:
(1) The psilocybin service
			 center operator's business name;
(2) The address of the psilocybin service
			 center;
(3) The separately stated
			 total amount of the price of psilocybin services.
(4) The separately stated total amount of the
			 sales price of psilocybin products prior to tax;
(5) The total state tax amount;
(6) The total cost to the client at the
			 point-of-sale; and
(7) An
			 alphanumeric or numeric identification unique to each receipt issued.
Statutory/Other Authority: ORS
				  305.100 &
				  475A.702
Statutes/Other Implemented: ORS
				  475A.662
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 475 - CONTROLLED SUBSTANCES › Section 150-475-6010 - Kratom Processor Definitions; Annual Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. The definitions in Oregon
			 Laws 2022, chapter 41, section 2 apply to the terms used in OAR 150-475-6010,
			 OAR 150-475-6020, and OAR 150-475-6030, in addition to the following
			 definitions.
(a) "Dangerous non-kratom
			 substance" means any substance present in a finished kratom product formulation
			 or unfinished kratom product that exceeds the amount allowable in OAR
			 150-475-6020(3).
(b) "Department"
			 means the Oregon Department of Revenue.
(c) "Finished kratom product" means a food,
			 food product, food ingredient, dietary ingredient, dietary supplement, or
			 beverage that has been produced or processed by a kratom processor in its final
			 state as intended for sale to a consumer.
(d) "Finished kratom product formulation"
			 means a combination of unfinished kratom products with another substance or
			 unfinished kratom products altered from their original state into a final form
			 to be sold to a consumer.
(e)
			 "Kratom processor annual registration fee" or "annual fee" means the fee
			 adopted by the department in this rule to be paid by kratom processors at the
			 time the registrant submits a registration under this rule.
(f) "Registration" means the registration
			 form and any additional documentation or information requested by the
			 department from a kratom processor to verify compliance with this rule and
			 includes both the initial registration and any renewal registrations submitted
			 by a kratom processor.
(g)
			 "Unfinished kratom product" means any part of the plant Mitragyna speciosa that
			 has not been processed into a finished kratom product or kratom product
			 formulation and that is intended to be sold, distributed, or exposed for sale
			 to a consumer in its original state.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 475 - CONTROLLED SUBSTANCES › Section 150-475-6020 - Kratom Processor Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Finished Processed Kratom Product Batches.
(a) For the purposes of this rule, a "product
			 formulation batch" of finished kratom products means all kratom products of a
			 unique finished kratom product formulation produced on the same day in the same
			 facility by a manufacturer of finished kratom products.
(b) A kratom processor that distributes,
			 sells, or exposes for sale a finished kratom product on a wholesale or retail
			 basis must ensure that each product formulation batch is tested as described in
			 section (3) of this rule.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 475 - CONTROLLED SUBSTANCES › Section 150-475-6030 - Civil Penalties for Unregistered Kratom Processors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department of Revenue may impose
			 civil penalties on any person who sells, distributes, or exposes for sale
			 kratom products on a wholesale basis to a retailer without first registering as
			 a Kratom Processor under OAR 150-475-6010.
(2) The following civil penalties will be
			 imposed on a per incident basis for a violation listed in section (1) of this
			 rule.
(a) The department will issue a civil
			 penalty of $500 for a kratom processor's first violation.
(b) The department will issue a civil penalty
			 of $1,000 for a kratom processor's second and each subsequent
			 violation.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 475B - MARIJUANA POINT-OF-SALE TAXATION › Section 150-475B.720 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  305.100,
				  475B.750
Stats. Implemented: ORS
				  475B.755
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 670 - INDEPENDENT CONTRACTOR › Section 150-670-0010 - Independent Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose
			 of Rule. The Landscape Contractors Board, Department of Revenue, Department of
			 Consumer and Business Services, Employment Department, and Construction
			 Contractors Board must adopt rules together to carry out ORS
			 670.600. ORS
			 670.600 defines "independent
			 contractor" for purposes of the programs administered by these agencies. This
			 rule is intended to ensure that all five agencies apply and interpret 670.600
			 in a consistent manner; to clarify the meaning of terms used in 670.600; and,
			 to the extent possible, to enable interested persons to understand how all five
			 agencies will apply 670.600.
(2)
			 Statutory Context.
(a) ORS
			 670.600 generally establishes
			 three requirements for "independent contractors". One requirement is that an
			 "independent contractor" must be engaged in an "independently established
			 business." Another requirement is related to licenses and certificates that are
			 required for an "independent contractor" to provide services. A third
			 requirement is that an "independent contractor" must be "free from direction
			 and control over the means and manner" of providing services to others.
(b) The specific focus of this
			 rule is the "direction and control" requirement. See ORS
			 670.600 for the requirements of
			 the "independently established business" test and for licensing and
			 certification requirements.
Oregon Administrative Rules › Chapter 156 - LEGISLATIVE ADMINISTRATION COMMITTEE › Division 1 - PROCEDURAL RULES › Section 156-001-0000 - Notice of Proposed Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of rules regarding
				comparability of the value of work as defined in ORS
				292.951(1), the
				Legislative Administration Committee shall give notice of the proposed
				adoption, amendment, or repeal:
(1) In
			 the Secretary of State's Bulletin referred to in ORS
			 183.360 at least 15 days prior
			 to the effective date.
(2) By
			 mailing a copy to persons who have requested placement on the Legislative
			 Administration Committee's mailing list established pursuant to ORS
			 183.335(7).
(3) By mailing a copy of the notice to the
			 following persons, organizations, or publications:
(a) The Associated Press;
(b) United Press International;
(c) Administrator, Executive Department
			 Personnel and Labor Relations Division;
(d) Personnel Director, Judicial
			 Department.
Oregon Administrative Rules › Chapter 156 - LEGISLATIVE ADMINISTRATION COMMITTEE › Division 1 - PROCEDURAL RULES › Section 156-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Legislative Administration Committee, in accordance with
				ORS 183.341, adopts, by reference,
				Division 1 of the Attorney General's Model Rules of Procedure under the
				Administrative Procedures Act. This adoption applies only to rules required by
				ORS 292.956.
Stat. Auth.: ORS 183 & ORS 292
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 156 - LEGISLATIVE ADMINISTRATION COMMITTEE › Division 10 - COMPARABILITY OF VALUE OF WORK › Section 156-010-0000 - Comparability of Work

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Legislative Administration Committee shall use a neutral and objective method
			 to determine the comparability of the value of work performed by Legislative
			 Branch employees. The Legislative Administration Committee shall use this
			 method to determine the compensation and classification system for these
			 employees pursuant to ORS 292.951.
(2) The chosen methodology shall include an
			 equal pay analysis which ensures the chosen method eliminates unlawful wage
			 differentials required by equal pay laws.
Statutory/Other Authority: ORS 183 & 292
Statutes/Other Implemented: ORS
				  292.956
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 1 - PROCEDURAL RULES › Section 160-001-0000 - Notice of Intent to Adopt, Amend or Repeal Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment or repeal of any permanent
				rule under ORS Chapters 56, 58, 60, 62, 63, 65, 68, 70, 79, 80, 87, 128, 194,
				554, 647, 648, 649 and 661 the Secretary of State shall give notice of the
				proposed adoption, amendment, or repeal at least 21 days prior to the effective
				date.
(1) By placing a notice in the
			 Secretary of State's Bulletin referred to in ORS
			 183.360;
(2) By mailing a copy of the notice to
			 persons on the Division mailing list established pursuant to ORS
			 183.335(7);
			 and
(3) By mailing a copy of the
			 proposed rule to other persons who request such in writing.
Stat. Auth.: ORS 56, 58, 60, 62, 63, 65, 68, 70, 79, 80, 87,
				  128, 183, 554, 647, 648, 649 & 661
Stats. Implemented: ORS
				  183.335
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 1 - PROCEDURAL RULES › Section 160-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Model Rules of Procedure as promulgated by the Attorney
				General of the State of Oregon under the Administrative Procedures Act
				effective January 1, 2010, are adopted as the rules of procedure for the
				Corporation Division of the Secretary of State's office.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or the
				  Corporation Division.
Stat. Auth.: ORS 183
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 5 - FEES AND REFUNDS › Section 160-005-0005 - Fees For Business Registry Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definition
(a) "Document File" A document file includes:
(A) Documents initially filed for
			 corporations, limited partnerships, limited liability companies, limited
			 liability partnerships, business trusts, and trade and service marks;
			 and
(B) Supplementary documents for
			 corporations, limited partnerships, limited liability companies, limited
			 liability partnerships, business trusts, and trade and service marks;
			 and
(C) Assumed Business Name
			 applications, amendments, withdrawals, cancellations, and renewals.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 5 - FEES AND REFUNDS › Section 160-005-0007 - Fees For Business Registry Special Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Customized Searches: Business Registry
			 (.txt format)
(a) Standard Search Requests:
(A) Associated Person Name Search -- $10 per
			 name.
(B) City Search -- $10 per
			 city.
(C) Zip Code Search -- $10
			 per zip code.
(D) Entity Type
			 Search -- $50 per search.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 5 - FEES AND REFUNDS › Section 160-005-0008 - Fees for Notarial Acts by Corporation Division Employees

Current through Register Vol. 63, No. 7, July 1, 2024
The Secretary of State shall collect $10 per notarial act
				performed by a notary public employed by the Secretary of State during the
				course of that person's employment. Notarial acts performed by the employee
				outside of the course of employment shall be subject to OAR 160-100-0400 through 0420.
Stat. Auth: ORS
				  194.335
Stats. Implemented: ORS
				  194.164
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 5 - FEES AND REFUNDS › Section 160-005-0010 - Refund of Monies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule,
			 pursuant to ORS 293.445, provides for the refund
			 of fees paid in excess of the amount legally due to the Corporation
			 Division.
(2) The Secretary of
			 State shall not refund fees paid in excess of the amount legally due to the
			 Division if the amount is $10 or less, unless a refund is requested by the
			 applicant or the applicant's legal representative. However, the Secretary of
			 State shall not make refunds unless the request is received within three years
			 after the date payment is received by the Division.
Stat. Auth.: ORS 56, 58, 60, 62, 63, 65, 68, 70, 79, 80, 87,
				  128, 183, 194, 293, 554, 647 & 648
Stats. Implemented: ORS
				  56.140
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0011 - General Guidelines

Current through Register Vol. 63, No. 7, July 1, 2024
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 ( /).
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0012 - Distinguishable on Record

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0013 - Not Distinguishable on Record

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0014 - Prohibitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0020 - Designation of Authorized Representative

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0030 - Assumed Business Name Amendment

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0050 - E-mail Address

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0100 - Code List for Designating Primary Business Activity

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0210 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0220 - Application for trade or service mark

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0230 - Renewal of Trade/Service Mark

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0240 - Classes of Goods and Services

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0310 - Eligibility for Waiver of Reinstatement Limit

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0400 - Professional Corporation Limit on Joint and Several Liability

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0450 - Conversion of a Business Entity

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0480 - Physical Street Address and Individual With Direct Knowledge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A corporation
			 shall be considered in compliance with Section 10(1)(f) and Section 10(1)(g) of
			 House Bill 2191 (2017) if the corporation:
(a)
			 Was formed on or after January 1, 2018 and has filed with the Secretary of
			 State the information required by Section 10(1)(f) and Section 10(1)(g) of
			 House Bill 2191 (2017) in the Articles of Incorporation;
(b) Was formed prior to January 1, 2018 and
			 has not filed with the Secretary of State on or after January 1, 2018 Amended
			 Articles of Incorporation, Restated Articles, Articles of Conversion, or
			 Articles of Merger;
(c) Was formed
			 prior to January 1, 2018 and provides the information required by Section
			 10(1)(f) and Section 10(1)(g) of House Bill 2191 (2017) when it files with the
			 Secretary of State Amended Articles of Incorporation, Restated Articles,
			 Articles of Conversion, or Articles of Merger; or
(d) Includes the information required by
			 Section 10(1)(f) and Section 10(1)(g) of House Bill 2191 (2017) in an
			 Information Change Form or annual report filed with the Secretary of
			 State.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0500 - Personal Safety Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
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
				192.368.
(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.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0600 - Going Out of Business Notice of Intent

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0610 - Filing Format

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0620 - Signatures

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0630 - Owner's Business Name

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0700 - Oregon License Directory

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 10 - BUSINESS REGISTRY SECTION › Section 160-010-0701 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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