You've chosen your business name, now make it official. LegalZoom offers a quick, online service to get your DBA statement, or Doing Business As, from the comfort of your computer. A DBA, a.k.a. "fictitious business name," enables you to open bank accounts and transact business with the name of your new venture. Register with all the correct officials—today!
OREGON STATUTORY GUIDELINES
LegalZoom.com customizes your legal DBA filing to comply with local requirements, no matter where you live. However, if you're interested in the specifics, they are listed below.
In Oregon, names that are not distinguishable from the names of other business entities are prohibited.
The DBA needs to be registered in the alphabet used to write the English language, and may include numerals and incidental punctuation. The filing should include:
When filing, each person who will conduct business must sign an application to register the DBA and submit the application to the Secretary of State, and all of the persons who will conduct a single business must file a consolidated application to register.
- The real name of each person who intends to conduct business
- Address of each person above
- The principal address at which business will be conducted
- A listing of each county in which the applicant intends to conduct business
- The name and the mailing address of the person whom the applicant authorizes to represent the applicant in transactions with the Office of the Secretary of State with respect to the registration
- The applicant's primary business activity
- The social security number or federal employer identification number of each applicant or registrant named in the application or report
The person authorized to represent the applicant is authorized to receive notices and to perform any duty that this chapter requires of the registrant of the DBA, but is not made the registrant's agent for the service of process.
In Oregon, a DBA for a corporation expires one (1) year after filing. For all other entities, a DBA expires in two (2) years. For renewals, one must apply to renew a registration of a DBA within thirty (30) days before expiration, and the application for renewal must include all identifying information required by rule of the Secretary of State. Failure to apply for renewal and pay the required fee is grounds for administrative cancellation of the registration. Amendments must be delivered to Secretary of State within sixty (60) days after any of the following:
For amendments, the application must be signed by either the registrant if the registrant is an individual, an officer of a foreign or domestic corporation who is authorized to sign, the general partner of a foreign or domestic limited partnership, the manager of a foreign or domestic LLC, or a member of a foreign or domestic member-managed LLC. The application may be signed by the authorized representative instead of the registrant or registrants for address changes, for adding or deleting counties, and if a change of address of the principal place of business occurs.
- Change in the identity, names or addresses of the persons conducting business
- Change in the identity, name or address of the person authorized to represent the registrant or registrants
- The registrant commences to carry on, to conduct or to transact business under the DBA in a different county or counties
- The address of the principal place of business is changed
Whenever any person having an interest in the business withdraws from the business or dies, a statement must be filed of such withdrawal, incapacity or death. If statute is not filed, the person lacks standing to maintain a cause of action for the benefit of the business. The person may cure the incapacity at any time by complying. In any action or suit in which the cause of action arises out of a business that the defendant carried on, conducted or transacted in violation of statute:
Violation of any of the provisions of this chapter is punishable by a civil penalty.
- The plaintiff must be entitled to recover a fee or the actual costs that the court determines that the plaintiff reasonably incurred to ascertain the real and true name of the defendant, whichever is greater
- The court may award reasonable attorney fees to the prevailing party in an action under this subsection
Cancellation of registration upon dissolution or when corporate authority revoked where the only registrant of a DBA is a domestic corporation which has been dissolved, the Secretary of State may cancel the registration. The Secretary of State may also cancel the registration when the only registrant of a DBA is a foreign corporation whose authority to transact business in this state has been withdrawn or revoked. When a cancellation of registration upon termination of business occurs, a DBA must be canceled not later than the sixtieth (60th) day after the registrant or registrants of the DBA cease doing business under that name, and must be signed by the registrant or registrants of the DBA or by the authorized representative of the registrant or registrants and delivered to the Secretary of State.