Register a DBA in Oregon

What the law requires

Oregon has a mandatory, statewide assumed business name registry run by the Secretary of State. Any person - individual or entity - carrying on business under a name that does not conspicuously disclose the real and true name of each owner must register the assumed business name with the Secretary of State and keep the registration current, county by county where the business operates.

"No person shall carry on, conduct or transact business under an assumed business name in a county where the business is located, where a physical facility of the business is located or where an employee of the business is stationed, unless the person has registered the assumed business name as provided in this chapter and maintains a current registration." — ORS 648.007(1)

Where filings go

Applications to register an assumed business name are submitted to the Office of the Secretary of State with the prescribed fee.

"Each person who will carry on, conduct or transact business under an assumed business name shall sign an application to register the assumed business name and shall submit the application to the Office of the Secretary of State, with the fee prescribed by this chapter. All of the persons who will carry on, conduct or transact a single business under an assumed business name shall file a consolidated application to register the assumed business name." — ORS 648.010(1)

How long it lasts

The registration remains in effect until canceled (ORS 648.051(4)), but the registrant must renew every two years; failure to renew and pay the fee is grounds for administrative cancellation. Renewal: Apply for renewal within 30 days before the second anniversary of registration and each second anniversary thereafter (ORS 648.017(1)); the Secretary of State sends notice at least 30 days before renewal is due (ORS 648.017(2)).

"A registrant must apply to renew a registration of an assumed business name within 30 days before the second anniversary of the date that the Secretary of State registered the assumed business name and each second anniversary thereafter. The registrant must apply to the Office of the Secretary of State for renewal of the registration and submit with the renewal a renewal fee. 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." — ORS 648.017(1)

Name restrictions

The Secretary of State will not register a name that is not distinguishable on state records from existing assumed business names, entity names, or reserved/registered names (unless the applicant files a rights affidavit under ORS 648.051(3)). Separately, non-entities may not register names containing entity designators like "corporation," "incorporated," "limited liability company," "limited partnership" or "business trust," and false or fraudulent registration is prohibited.

"The Secretary of State shall not register the assumed business name if the Secretary of State determines that the assumed business name is not distinguishable on the records of the Office of the Secretary of State from another assumed business name or from the name of a person, including a reserved name or registered name of active record with the Office of the Secretary of State except as provided in subsection (3) of this section." — ORS 648.051(2); ORS 648.081(2)

Entities and assumed names

Entities use the same ORS chapter 648 registry; ORS 648.081(3)-(6) lets a corporation, LLC, limited partnership or business trust register its own name minus the required entity designator as an assumed business name. On the name-conflict side, ORS 60.717(3) bars a foreign corporation whose name is not distinguishable on state records from qualifying unless it states its name as "(name under which incorporated), a corporation of (place of incorporation)," which becomes its real and true name under chapter 648.

"If a corporate name, professional corporate name, nonprofit corporate name, cooperative name, limited partnership name, business trust name, reserved name, registered corporate name or assumed business name of active record with the office is not distinguishable on the records of the office from the corporate name of the applicant foreign corporation, the Secretary of State shall not authorize the applicant to transact business in this state unless the foreign corporation states the corporate name on the application for authority to transact business in this state under ORS 60.707 as (name under which incorporated), a corporation of (place of incorporation), the entirety of which shall be the real and true name of the corporation under ORS chapter 648." — ORS 60.717(3)