648.005
Definitions. As
used in this chapter:
(1)(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 (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.
(8) “Service mark”
has the meaning given in ORS 647.005. [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]
Notes of Decisions
Kelly v. Olinger Travel Homes, Inc., 117 P.3d 282 (Or. Ct. App. 2005).
· cites it 12× “Plaintiffs also asserted two claims against defendant: (1) a claim for breach of express warranty under the Uniform Commercial Code (UCC) and (2) a claim for violation of the Oregon Assumed Business Names Act (ABNA), ORS 648.005 to 648.990. After the matter was returned to the…”
Mitchell v. the Timbers, 987 P.2d 1236 (Or. Ct. App. 1999).
“The Timbers (defendant) is an assumed business name, see ORS 648.005(1), registered to Stanley Sanglier.”
Halone's Auto Repair v. B & R Auto Wrecking, 285 P.3d 739 (Or. Ct. App. 2012).
“Unlike an individual partner in a partnership, an assumed business name is not a separate legal entity, distinct from the individual or entity that does business using that name.”
Wescott v. Pollock (D. Or. 2024).
· cites it 2× “See generally Or. Rev. Stat. § 648.005 (1). The relevant provisions of the Financing Contract for the purposes of this dispute are the third, fourth, and seventh paragraphs.”
Covelli v. Avamere Home Health Care, LLC (D. Or. 2020).
“Unregistered entities are governed under Oregon’s Assumed Business Name Act, Oregon Revised Statutes (ORS) §§ 648.005, et seq. Under these provisions, a person must register an assumed business name in order to conduct business in that assumed name.”
Mary's River Lumber Co. v. Sullivan, 768 P.2d 939 (Or. Ct. App. 1989).
“” ORCP 21A provides, in part: “If, on a motion to dismiss asserting defenses (1) through (7), the facts constituting such defenses do not appear on the face of the pleading and matters outside the pleading, including affidavits and other evidence, are presented to the court, all…”
— Or. Rev. Stat. § 648.005(1) — 2 cases
Kelly v. Olinger Travel Homes, Inc., 117 P.3d 282 (Or. Ct. App. 2005).
“Plaintiffs also asserted two claims against defendant: (1) a claim for breach of express warranty under the Uniform Commercial Code (UCC) and (2) a claim for violation of the Oregon Assumed Business Names Act (ABNA), ORS 648.005 to 648.990. After the matter was returned to the…”
Mitchell v. the Timbers, 987 P.2d 1236 (Or. Ct. App. 1999).
“The Timbers (defendant) is an assumed business name, see ORS 648.005(1), registered to Stanley Sanglier.”
— Or. Rev. Stat. § 648.005(6) — 1 case
Kelly v. Olinger Travel Homes, Inc., 117 P.3d 282 (Or. Ct. App. 2005).
“Plaintiffs also asserted two claims against defendant: (1) a claim for breach of express warranty under the Uniform Commercial Code (UCC) and (2) a claim for violation of the Oregon Assumed Business Names Act (ABNA), ORS 648.005 to 648.990. After the matter was returned to the…”
— Or. Rev. Stat. § 648.005(6)(b) — 1 case
Kelly v. Olinger Travel Homes, Inc., 117 P.3d 282 (Or. Ct. App. 2005).
“Plaintiffs also asserted two claims against defendant: (1) a claim for breach of express warranty under the Uniform Commercial Code (UCC) and (2) a claim for violation of the Oregon Assumed Business Names Act (ABNA), ORS 648.005 to 648.990. After the matter was returned to the…”
— Or. Rev. Stat. § 648.005(6)(c) — 1 case
Kelly v. Olinger Travel Homes, Inc., 117 P.3d 282 (Or. Ct. App. 2005).
“Plaintiffs also asserted two claims against defendant: (1) a claim for breach of express warranty under the Uniform Commercial Code (UCC) and (2) a claim for violation of the Oregon Assumed Business Names Act (ABNA), ORS 648.005 to 648.990. After the matter was returned to the…”
— Or. Rev. Stat. § 648.005(l)(a) — 1 case
Halone's Auto Repair v. B & R Auto Wrecking, 285 P.3d 739 (Or. Ct. App. 2012).
“Unlike an individual partner in a partnership, an assumed business name is not a separate legal entity, distinct from the individual or entity that does business using that name.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.