Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0202 - Filing Information

Current through Register Vol. 63, No. 7, July 1, 2024
Each filing pursuant to OAR 137-020-0201(1) through (5)  shall
				contain the following information:
(1)
			 The name or names of the seller, including the name under which the seller is
			 doing or intends to do business, if different from the seller's, and the name
			 of any parent or affiliated organization that will engage in business
			 transactions with purchasers relating to sales solicited by the seller or that
			 accepts responsibility for statements made by, or acts of, the seller relating
			 to sales solicited by the seller.
(2) The seller's business form and place of
			 organization and, if the seller is a corporation, a copy of its articles of
			 incorporation and bylaws and amendments thereto: or, if a partnership, a copy
			 of the partnership agreement; or if operating under a fictitious business name,
			 the location where the fictitious name has been registered. All the same
			 information shall be included for any parent or affiliated organization
			 disclosed pursuant to section (1) of this rule.
(3) The complete street address or addresses
			 of all locations, designating the principal location from which the telephonic
			 seller will be conducting business. If the principal location of the seller is
			 not in this state, then the seller shall also designate which of its locations
			 within this state is its main location in the state.
(4) A listing of all telephone numbers to be
			 used by the seller and the address where each telephone using each of these
			 telephone numbers is located.
(5)
			 The name of, and the office held by, the seller's officers, directors,
			 trustees, general and limited partners, sole proprietor, and owners, as the
			 case may be, and the names of those persons who have management
			 responsibilities in connection with the seller's business activities.
(6) The complete address of the principal
			 residence, the date of birth and the driver's license number and state of
			 issuance of each of the persons whose names are disclosed pursuant to section
			 (5) of this rule.
(7) The name and
			 principal residence address of each person the telephonic seller leaves in
			 charge at each location from which the seller does business in this state, as
			 defined in OAR 137-020-0200(2), and the business location which each of these
			 persons is or will be in charge of.
(8) A statement, meeting the requirements of
			 this rule, as to both the seller, whether a corporation, partnership, firm,
			 association, joint venture, or any other type of business entity (and whether
			 identified pursuant to section (5) or (7) of this rule or not), and as to any
			 person identified pursuant to sections (5) and (7) of this rule, who:
(a) Has been convicted of a felony or
			 misdemeanor involving fraud, theft, embezzlement, fraudulent conversion, or
			 misappropriation of property. For purposes of this paragraph, a plea of nolo
			 contendere is a conviction;
(b) Has
			 had entered against him or her a final judgment or order in a civil or
			 administrative action, including a stipulated judgment or order, if the
			 complaint or petition in the civil or administrative action alleged acts
			 constituting a violation of the Unlawful Trade Practices Act, fraud, theft,
			 embezzlement, fraudulent conversion, or misappropriation of property, the use
			 of untrue or misleading representations in an attempt to sell or dispose of
			 real or personal property, or the use of unfair, unlawful or deceptive business
			 practices;
(c) Is subject to any
			 currently effective injunction or restrictive court order relating to business
			 activity as the result of an action brought by a federal, state, or local
			 public agency or unit thereof, including, but not limited to, an action
			 affecting any vocational license;
(d) Has at any time during the previous seven
			 tax years filed for bankruptcy, been adjudged a bankrupt, been reorganized due
			 to insolvency, or been a principal, director, officer, trustee, general or
			 limited partner, or had management responsibilities of any other corporation,
			 partnership, joint venture, or business entity that has so filed or was so
			 adjudicated or reorganized during or within one year after the period that the
			 person held that position. For purposes of subsections (a), (b) and (c) of this
			 section, the statement required by this subdivision shall identify the seller
			 or person, the court or administrative agency rendering the judgment or order,
			 the docket number of the matter, the date of the judgment or order, and the
			 name of the governmental agency, if any, that brought the action resulting in
			 the judgment or order. For purposes of this subsection, the statement required
			 by this subdivision shall include the name and location of the seller or person
			 filing in bankruptcy, adjudged a bankrupt, or reorganized due to insolvency,
			 and shall include the date thereof, the court which exercised jurisdiction, and
			 the docket number of the matter.