Oregon Statutes 56.080 – Withdrawal of certificates issued and filings accepted; explanatory statement; withdrawal from filing
(1) Except as provided in subsections (2), (3), (4) and (5) of this section, within one year after a filing, the Secretary of State may withdraw any certificate the secretary issued or document the secretary filed, except filings under ORS Chapter 647, on any ground existing at the time of the filing for which the secretary could have originally refused to issue the certificate or file the document. The secretary shall include in the record for the filing a statement that specifies the reason for the withdrawal and the nature of any other action the secretary took.
Terms Used In Oregon Statutes 56.080
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) The secretary, within one year after a filing, may withdraw from filing any document the secretary filed if the person that submitted the document advises the office that the document was submitted prematurely or by inadvertence or mistake. The person that requests the withdrawal shall accompany the request with a written statement that reflects the basis of the person’s authority to request the withdrawal.
(3) The secretary, within one year after a filing, may withdraw from filing any document the secretary filed if an authorized representative of the business on behalf of which the document was filed advises the office that the document was submitted in error. The person that requests the withdrawal shall accompany the request with a notarized affidavit that states the basis of the person’s authority to request the withdrawal.
(4) The secretary may withdraw without notice or hearing a certificate that the secretary issued or a document the secretary filed if the fee was paid with a check that was returned to the office for lack of sufficient funds. The withdrawal is retroactive to the date of filing.
(5) The secretary shall withdraw a certificate the secretary issued or a document the secretary filed if the secretary receives a final written order from the Director of the Department of Consumer and Business Services that establishes that the person named in the certificate or document has violated ORS § 705.638, 707.005 or 707.010.
(6) Any decision under this section may be reviewed in accordance with the provisions of ORS Chapter 183.
(7) A withdrawal of a document from filing under this section is retroactive to the date of the filing but does not relieve a person of any liability the person may have incurred while the document was filed with the office. The Secretary of State is not required to refund any fees paid in conjunction with a document that the secretary withdraws.
(8) At any time before a delayed effective date specified in a document, the secretary shall withdraw the document at the written request of the person or persons who originally filed the document with the secretary. The document after withdrawal has no further effect and must be treated as if the document had not been filed. The person that requests the withdrawal shall accompany the request with a written statement that reflects the basis of the person’s authority to request the withdrawal. [1967 c.576 § 2; 1981 c.633 § 2; 1983 c.717 § 4; 1985 c.728 3,3a; 1987 c.414 § 59; 1989 c.1040 § 1; 1999 c.652 § 6; 2001 c.315 39,40; 2009 c.541 § 1; 2013 c.158 § 18; 2023 c.34 § 1]
[1983 c.717 § 2; 1987 c.414 § 60; repealed by 1993 c.66 § 15]