Or. Admin. Code § 160-010-0500

Current through Register Vol. 63, No. 12, December 1, 2024

Section 160-010-0500 - Personal Safety Exemption

The Secretary of State Corporation Division may dissolve, cancel or otherwise terminate a filing that is submitted with required information that is nondisclosable under ORS 192.368.

(1) For purposes of this rule, "personal information" means a person's home address, personal telephone number and personal electronic mail address.

(2) The following information included in records filed with the Corporation Division must be available for public inspection without regard to whether it constitutes personal information:

(a) The street address of a Registered Agent required to be filed under ORS 58, 60, 62, 63, 65, 67, 70, 128, and 554.

(b) The address of an applicant, authorized representative, incorporator, manager, member, organizer, partner, registrant or trustee required to be filed under ORS 58, 60, 62, 63, 65, 67, 70, 128, 554, 647, and 648.

(3) Pursuant to ORS 192.368, Personal Safety Exemption (PSE) requests that personal information contained in records filed with the Secretary of State Corporation Division be withheld from public disclosure will be processed in accordance with the procedures set out in OAR 137-004-0800.

(4) If the PSE request accompanies the submission of the record to which it pertains, the record will be filed and will be subject to public disclosure pending the Division's consideration of and issuance of a decision on the PSE request. If the PSE request applies to a record previously filed with the Division, the filing will remain effective and subject to public disclosure pending the Division's consideration of and issuance of a decision on the PSE request.

(5) If the Division grants a PSE request and the personal information subject to the PSE is of a type listed in paragraph (3) of this rule, the Division will include in the notice to the requestor a statement that in order for the filed record to remain valid and effective, disclosable information to substitute for the exempt personal information must be submitted to the Division within 30 days of the date of the notice. The statement will inform the requestor of the consequences of failure to provide substitute information. This statement will also be sent to the registered agent of any entity on whose behalf the filing was made if that entity might be affected by failure to provide substitute information.

(6) If the Division does not receive substitute information from the requestor or from an affected entity within the time provided in paragraph (5), the Division will cancel the filing to which the PSE request applies and will commence administrative dissolution of the affected entity or take such other action as is required by law as a consequence of the invalidity of the filing.

Or. Admin. Code § 160-010-0500

CORP 2-2005, f. & cert. ef. 3-1-05; CORP 5-2020, minor correction filed 12/16/2020, effective 12/16/2020

Statutory/Other Authority: ORS 56.014 & ORS 56.022