(2) The registration system must:
(a) Require the physical address associated with a registered business name to be the main office of a principal real estate broker or licensed real estate property manager;
(b) Require the registered business name to be:
(A) The corporate name, professional corporate name, business 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 of the Secretary of State; or
(B) The name under which the principal real estate broker or licensed real estate property manager license was issued;
(c) Allow a principal real estate broker or licensed real estate property manager to register one or more branch offices under the registered business name of the main office; and
(d) Require the name of the principal real estate broker or licensed real estate property manager who is responsible for:
(A) Maintaining the registration of the business name;
(B) Registering any branch offices of the registered business name;
(C) Registering any additional business names, as described in subsection (14) of this section;
(D) Maintaining the information described in ORS 696.245 for each clients’ trust account opened, closed or transferred by a principal real estate broker or licensed real estate property manager who conducts professional real estate activity under the registered business name;
(E) Renewing the registration of the business name;
(F) Changing the registered business name, including the associated branch offices;
(G) Maintaining the business address of the main office and any associated branch offices of the registered business name as required by ORS 696.200; and
(H) Inactivating or reactivating the registration of the business name and associated branch offices.
(3) The renewal system must establish:
(a) The form and content of the renewal application;
(b) The schedule for annual renewals of registered business names, including the date of the registered business name expiration; and
(c) The procedures for renewing a registered business name.
(4) Failure to renew a registered business name and pay any required fees by the expiration date of the registration will result in:
(a) The expiration of the registered business name;
(b) The inactivation of all associated licensees; and
(c) The inactivation of all associated branch offices.
(5) The Real Estate Commissioner may by rule provide an opportunity for the late renewal of an expired registered business name.
(6) Only a principal real estate broker or licensed real estate property manager may register a business name or register a branch office under the registered business name of the main office.
(7) Only a principal real estate broker or licensed real estate property manager may control and supervise the professional real estate activity conducted under the registered business name.
(8) A business name registered under this section has no license standing.
(9) All professional real estate activity conducted by the principal real estate broker, licensed real estate property manager or real estate licensees associated with a principal real estate broker or licensed real estate property manager must be conducted under an active registered business name.
(10) A principal real estate broker or licensed real estate property manager who registers a business name need not be an owner or officer of any entity lawfully entitled to use or have an ownership interest in the registered business name. However, only a principal real estate broker or licensed real estate property manager may control and supervise the professional real estate activity conducted under the registered business name.
(11) A real estate broker associated with a principal real estate broker may have an ownership interest in any business through which the principal real estate broker conducts professional real estate activity, but may not control or supervise the professional real estate activity of any other real estate licensee.
(12) A licensed real estate property manager associated with a principal real estate broker may have an ownership interest in any business through which the principal real estate broker conducts professional real estate activity, but may not control or supervise the professional real estate activity of a real estate broker or principal real estate broker.
(13) A nonlicensed individual may have an ownership interest in any business through which a licensed real estate property manager or principal real estate broker engages in professional real estate activity, but may not control or supervise the professional real estate activity of any real estate licensee.
(14)(a) A principal real estate broker or licensed real estate property manager who registers a business name may register additional business names for business organizations that are affiliated with the registered business name, or business organizations that are subsidiaries of the business with the registered name.
(b) A principal real estate broker or licensed real estate property manager may conduct professional real estate activity under two or more registered business names only if the business organizations are affiliated with, or subsidiaries of, the business with the registered name.
(15) The agency shall establish by rule procedures to allow a real estate broker or principal real estate broker who becomes associated with a different registered business name to continue to engage in professional real estate activity on transactions that began while the real estate broker or principal real estate broker was associated with the original registered business name. [2001 c.300 §8; 2005 c.116 §3; 2005 c.393 §1; 2007 c.319 §6; 2007 c.337 §3; 2009 c.224 §1; 2011 c.158 §6; 2013 c.145 §9; 2017 c.234 §5]
Note: See note under 696.022.
Structure 2021 Oregon Revised Statutes
Chapter 696 - Real Estate and Escrow Activities
Section 696.007 - Statement of legislative purpose.
Section 696.010 - Definitions.
Section 696.015 - Legislative finding; short title.
Section 696.022 - Licensing system for real estate brokers and property managers; rules.
Section 696.024 - Payments due and owing to Real Estate Agency.
Section 696.026 - Registration and renewal of business names; rules.
Section 696.125 - Limited license.
Section 696.130 - Effect of revocation of license; limited license.
Section 696.174 - License renewal; reactivation; continuing education courses; rules.
Section 696.182 - Continuing education; rules.
Section 696.184 - Duties of continuing education provider; rules.
Section 696.186 - Qualifications of continuing education instructors; rules.
Section 696.200 - Main office; branch offices; change of business location.
Section 696.232 - License status of employee of agency; reissuance upon termination of employment.
Section 696.243 - Substituting copy for original canceled check allowed; electronic fund transfers.
Section 696.245 - Clients’ trust accounts; notice to bank and agency; retention of copy.
Section 696.265 - Recognition of nonresident real estate licensee; rules.
Section 696.280 - Records of licensed real estate property managers and real estate brokers; rules.
Section 696.292 - Limitation on demand for compensation.
Section 696.294 - Opinion letter; rules.
Section 696.301 - Grounds for discipline.
Section 696.310 - Intracompany supervision and control.
Section 696.365 - City or county business license tax.
Section 696.385 - Power of agency; rulemaking procedures.
Section 696.392 - Power of commissioner to administer oaths, take depositions and issue subpoenas.
Section 696.395 - Power of commissioner.
Section 696.396 - Investigation of complaints and progressive discipline; rules.
Section 696.397 - Cease and desist order.
Section 696.398 - Delegation by commissioner to employees; requirements.
Section 696.405 - Real Estate Board; appointment; term; qualifications; compensation; expenses.
Section 696.415 - Officers; meetings; quorum.
Section 696.425 - Powers and duties of board; expenses.
Section 696.490 - Real Estate Account; disposition of receipts.
Section 696.495 - Revolving fund; amount; use; procedure for repayment.
Section 696.505 - Definitions for ORS 696.505 to 696.590.
Section 696.508 - Legislative finding; short title.
Section 696.511 - License requirement; licensing system; rules.
Section 696.520 - Application of ORS 696.505 to 696.590.
Section 696.525 - Bond for escrow agents.
Section 696.527 - Deposits in lieu of bond; payment of claims; waiver.
Section 696.530 - Expiration and renewal of license; fees; rules.
Section 696.532 - Limited license.
Section 696.534 - Records of escrow agents; rules.
Section 696.535 - Grounds for refusing, suspending or revoking license or reprimanding licensee.
Section 696.541 - Authority of commissioner over escrow agents; rules.
Section 696.545 - Investigation; injunction; jurisdiction.
Section 696.570 - Hearings procedure under ORS 696.505 to 696.590; subpoena.
Section 696.579 - Funds exempt from execution or attachment; designation of funds.
Section 696.585 - Civil penalties.
Section 696.590 - Penalty amounts.
Section 696.600 - Definitions for ORS 696.392, 696.600 to 696.785 and 696.995.
Section 696.603 - License requirement.
Section 696.612 - Grounds for disciplinary action.
Section 696.627 - On-site inspection allowed; deposit.
Section 696.710 - Necessity of alleging license in action to collect compensation.
Section 696.790 - Authority of commissioner to require fingerprints.
Section 696.795 - Authority of commissioner to conduct investigations and proceedings.
Section 696.800 - Definitions.
Section 696.805 - Real estate licensee as seller’s agent; obligations.
Section 696.810 - Real estate licensee as buyer’s agent; obligations.
Section 696.815 - Representation of both buyer and seller; obligations.
Section 696.820 - Agency disclosure pamphlet; rules.
Section 696.822 - Liability of principal for act, error or omission of agent or subagent.
Section 696.835 - Buyer and seller responsibilities.
Section 696.840 - Compensation and agency relationships.
Section 696.845 - Acknowledgment of existing agency relationships form; rules.
Section 696.855 - Common law application to statutory obligations and remedies.
Section 696.870 - Duties of real estate licensee under ORS 105.462 to 105.490, 696.301 and 696.870.
Section 696.880 - Licensee not required to disclose proximity of registered sex offender.
Section 696.890 - Duties of real estate property managers.
Section 696.995 - Civil penalties for violation of ORS 696.603, 696.606 or 696.612.