reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 71. Securities › §71-809. Contracts or agreements required - Contents.

A. It is unlawful for any person to offer or sell any business opportunity, as defined in Section 802 of this title, unless the business opportunity contract or agreement is in writing and a copy of the contract or agreement is given to the purchaser at the time the purchaser signs the contract or agreement.
B. Contracts or agreements shall set forth in at least ten-point type the following:
1. The terms and conditions of any and all payments due to the seller;
2. The seller's principal business address and the name and address of the seller's agent in this state authorized to receive service of process;
3. The business form of the seller, whether corporate, partnership or otherwise;
4. The delivery date or, when the contract provides for a periodic delivery of items to the purchaser, the approximate delivery date of the product, equipment or supplies the seller is to deliver to the purchaser to enable the purchaser to start his or her business; and
5. Whether the product, equipment or supplies are to be delivered to the purchaser's home or business address or are to be placed or caused to be placed by the seller at locations owned or managed by persons other than the purchaser.
Added by Laws 1985, c. 157, § 9, eff. Nov. 1, 1985. Amended by Laws 2022, c. 77, § 44, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 71. Securities › §71-811. Minimum net worth requirement.

In connection with the offer or sale of a business opportunity, no seller may make or use any of the representations set forth in divisions (4) and (5) of subparagraph a of paragraph 3 of Section 802 of this title unless the seller has at all times a minimum net worth of Fifty Thousand Dollars ($50,000.00) as determined in accordance with generally accepted accounting principles.
Added by Laws 1985, c. 157, § 11, eff. Nov. 1, 1985. Amended by Laws 2022, c. 77, § 45, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 71. Securities › §71-812. Administration of act - Use of disclosure of information.

A. The Oklahoma Business Opportunity Sales Act shall be administered by the Administrator.
B. It is unlawful for the Administrator or any of his or her officers or employees to use for personal benefit any information which is filed with or obtained by the Administrator and which is not made public. No provision of the Oklahoma Business Opportunity Sales Act authorizes the Administrator or any of the Administrator's officers or employees to disclose any such information except among themselves or when necessary or appropriate in a proceeding or investigation under the act or in cooperation with other law enforcement agencies. No provision of the Oklahoma Business Opportunity Sales Act either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the Administrator or any of the Administrator's officers or employees.
Added by Laws 1985, c. 157, § 12, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 71. Securities › §71-813. Investigations and proceedings - Powers and duties of Administrator.

A. The Administrator:
1. May make such public or private investigations within or outside of this state as the Administrator deems necessary to determine whether any person has violated or is about to violate any provision of the Oklahoma Business Opportunity Sales Act or any rule or order hereunder, or to aid in the enforcement of the act or in the prescribing of rules and forms hereunder;
2. May require or permit any person to file a statement, under oath or otherwise as the Administrator determines, as to all the facts and circumstances concerning the matter to be investigated; and
3. May publish information concerning any violation of the Oklahoma Business Opportunity Sales Act or any rule or order hereunder.
B. For the purpose of any investigation or proceeding pursuant to the Oklahoma Business Opportunity Sales Act, the Administrator or the Administrator’s designee may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the Administrator deems relevant or material to the inquiry.
C. In case of contumacy by, or refusal to obey a subpoena issued to any person, the district court of Oklahoma County or the district court in any other county where service can be obtained on one or more of the defendants, upon application by the Administrator, may issue to the person an order requiring him or her to appear before the Administrator, there to produce documentary evidence if so ordered or to give evidence touching upon the matters under investigation or in question. Failure to obey the order of the court may be punishable by the court as contempt.
D. No person is excused from attending and testifying or from producing any document or record before the Administrator or the Administrator’s designee, or in obedience to the subpoena of the Administrator or the Administrator’s designee, in any proceeding instituted by the Administrator, on the grounds that the testimony or evidence, documentary or otherwise, required by the Administrator may tend to incriminate him or her or subject him or her to a penalty or forfeiture; but no individual may be prosecuted or subjected to any penalty or forfeiture on account of any transaction, matter or thing concerning which he or she is compelled, after claiming his or her privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying.
Added by Laws 1985, c. 157, § 13, eff. Nov. 1, 1985. Amended by Laws 1999, c. 109, § 18, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 71. Securities › §71-815. Review of orders.

A. Any person aggrieved by a final order of the Administrator may obtain a review by the Oklahoma Securities Commission by filing with the Oklahoma Securities Commission at the offices of the Department of Securities, within fifteen (15) days after the entry of the order, a written petition praying that the order be modified or set aside in whole or in part and stating the ground therefor. The petition, the record upon which the final order was issued, and written briefs submitted by the appealing parties and the Administrator shall be reviewed by the Oklahoma Securities Commission. The cost of preparing the record of the administrative hearing shall be borne by the appealing parties. Oral argument by all parties shall be heard by the Oklahoma Securities Commission en banc unless waived by the party. Other than newly discovered evidence, additional evidence may only be presented by the appealing party and/or the Administrator on the request of the Oklahoma Securities Commission. Upon the written request of the party on whose behalf the appeal is brought, or upon his own motion, the Administrator shall cause complete stenographic notes to be taken of the proceeding before the Oklahoma Securities Commission. If requested by the appealing party, the cost of taking and transcribing such notes shall be borne by the said appealing party. If such notes are taken upon the motion of the Administrator, the cost shall be borne by the Department. The Oklahoma Securities Commission or a majority thereof shall make such order as is deemed proper, just and equitable within sixty (60) days of receipt by the Oklahoma Securities Commission of the written petition of the appealing party or at such later time as agreed to in writing by all parties.
B. Any person aggrieved by a final order of the Oklahoma Securities Commission may obtain a review of the order by the Supreme Court of Oklahoma. The proceedings for review shall be as now prescribed by law and by rules of the reviewing court, subject to the power of the other court to make other and further rules with reference thereto.
C. The commencement of proceedings under this section before the Oklahoma Securities Commission shall not operate as a stay of the Administrator's order, unless so ordered by the Oklahoma Securities Commission. The commencement of proceedings under this section before the Supreme Court shall not operate as a stay of the Oklahoma Securities Commission's order, unless so ordered by the Court.
Added by Laws 1985, c. 157, § 15, eff. Nov. 1, 1985. Amended by Laws 1991, c. 79, § 5, eff. Sept. 1, 1991; Laws 1992, c. 169, § 6, eff. Sept. 1, 1992; Laws 1997, c. 279, § 28, eff. July 1, 1997; Laws 1999, c. 109, § 20, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 71. Securities › §71-816. Rules, forms and orders - Making, amending and rescinding.

A. The Administrator may make, amend and rescind rules, forms and orders as are necessary to carry out the provisions of the Oklahoma Business Opportunity Sales Act including rules and forms governing disclosure documents, applications and reports, and defining any terms, whether or not used in the Oklahoma Business Opportunity Sales Act insofar as the definitions are not inconsistent with the provisions of the act. For the purpose of rules and forms, the Administrator may classify business opportunities, persons and matters within his or her jurisdiction, and prescribe different requirements for different classes.
B. No rule, form or order may be made, amended or rescinded unless the Administrator finds that the action is necessary or appropriate in the public interest or for the protection of the purchaser. In prescribing rules and forms the Administrator may cooperate with the administrators of other jurisdictions with a view to effectuating the policy of the Oklahoma Business Opportunity Sales Act to achieve maximum uniformity in the form and content of disclosure statements, applications, and reports whenever practicable.
C. No provision of the Oklahoma Business Opportunity Sales Act imposing any liability applies to any act done or omitted in good faith in conformity with any rule, form or order of the Administrator, notwithstanding that the rule, form or order may later be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.
Added by Laws 1985, c. 157, § 16, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 71. Securities › §71-817. Document filed when received by Administrator - Register of applications and orders - Disclosure - Interpretive opinions.

A. A document is filed when it is received by the Administrator.
B. The Administrator shall keep a register of all applications for registration pursuant to the Oklahoma Business Opportunity Sales Act and all orders which have been entered under the act. The register and all such orders may be maintained in computer form or any other form of data storage and shall be open for public inspection.
C. The information contained in or filed with or subsequent to any application for registration filed pursuant to this title, or any report filed with the Administrator may be made available to the public under such rules as the Administrator may prescribe. Litigation files and investigatory files and reports shall be kept confidential. If an investigatory file is created as a result of a complaint, grievance or inquiry, the complaint, grievance or inquiry shall be a part of such investigatory file and the existence of the complaint, grievance or inquiry and the matters and documents contained therein shall not be disclosed except pursuant to this title. A settlement agreement may, upon determination of the Administrator, remain part of the investigatory file and may be used against the person or entity involved only if the person or entity involved violates the terms of the settlement agreement. The Administrator may disclose any information obtained in connection with an investigation pursuant to this title for the purpose of a civil or administrative action brought by the Administrator, or a criminal referral. The Administrator may disclose such information to a law enforcement agency or another governmental or regulatory entity so long as the receiving entity represents in writing that under applicable law protections exist to preserve the integrity, confidentiality, and security of the information.
D. The Administrator in his or her discretion may honor written requests from interested persons for interpretive opinions or may issue determinations that the Administrator will not institute enforcement proceedings against certain specified persons for engaging in certain specified activities where the determination is consistent with the purposes fairly intended by the policy and provisions of this act upon the payment of a fee as set forth in Section 829 of this title.
Added by Laws 1985, c. 157, § 17, eff. Nov. 1, 1985. Amended by Laws 1989, c. 150, § 14, operative July 1, 1989; Laws 1992, c. 169, § 7, eff. Sept. 1, 1992; Laws 1997, c. 279, § 29, eff. July 1, 1997; Laws 1999, c. 109, § 21, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 71. Securities › §71-819. Fraud or deceit unlawful.

It is unlawful for any person, in connection with the offer or sale of any business opportunity in this state, directly or indirectly:
1. To employ any device, scheme or artifice to defraud;
2. To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading;or
3. To engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person.
Added by Laws 1985, c. 157, § 19, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 71. Securities › §71-820. False or misleading statements unlawful.

It is unlawful for any person to make or cause to be made, in any document filed with the Administrator or in any proceeding pursuant to the Oklahoma Business Opportunity Sales Act any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect or, in connection with such statement, to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading.
Added by Laws 1985, c. 157, § 20, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 71. Securities › §71-821. Conclusiveness of filed document.

Neither the fact that an application for registration has been filed nor the fact that a business opportunity is effectively registered constitutes a finding by the Administrator that any document filed pursuant to the Oklahoma Business Opportunity Sales Act is true, complete and not misleading. Neither any such fact nor the fact that an exemption or exception is available for a business opportunity means that the Administrator has passed in any way upon the merits or qualifications of, or recommended or given approval to, any person or business opportunity. It is unlawful to make, or cause to be made, to any purchaser or prospective purchaser any representation inconsistent with the provisions of this section.
Added by Laws 1985, c. 157, § 21, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 71. Securities › §71-822. Misleading advertising unlawful.

It is unlawful for any person, in connection with the offer or sale of any business opportunity in this state, to publish, circulate or use any advertising which contains an untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading.
Added by Laws 1985, c. 157, § 22, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 71. Securities › §71-823. Violations - Penalty - Criminal prosecutions.

A. Any person who willfully violates Section 806, subsection A of Section 808, subsection A of Section 809, Sections 811, 819, 821 or 822 of this title or who willfully violates any rule under the act or who willfully violates any order of which the person has notice, or who violates Section 820 of this title knowing that the statement made was false or misleading in any material respect, shall be guilty of a felony and may upon conviction be fined not more than Ten Thousand Dollars ($10,000.00) or imprisoned not more than ten (10) years, or both, for each offense. Each of the acts specified shall constitute a separate offense and a prosecution or conviction for any one of such offenses shall not bar prosecution or conviction for any other offense.
B. The Administrator may refer such evidence as may be available concerning violations of the Oklahoma Business Opportunity Sales Act or any rule or order hereunder to the Attorney General of the State of Oklahoma or the district attorney for the county where a violation occurred, who may, with or without such a reference, institute the appropriate criminal proceedings under the act. The Attorney General or district attorney may designate and appoint one or more lawyers of the Department as special assistants available for the purpose of assisting in or conducting all criminal prosecutions arising by reason of proceedings under this section.
C. Nothing in the Oklahoma Business Opportunity Sales Act limits the power of the state to punish any person for any conduct which constitutes a crime under any other statute.
Added by Laws 1985, c. 157, § 23, eff. Nov. 1, 1985. Amended by Laws 1991, c. 79, § 6, eff. Sept. 1, 1991; Laws 1997, c. 133, § 582, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 422, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 582 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 71. Securities › §71-824. Violations - Civil actions.

A. Any person who violates Section 806, subsection A of Section 808, subsection A of Section 809 or Section 811 of this title, is liable to the purchaser who may sue either at law or in equity for rescission, for recovery of all money and other valuable consideration paid for the business opportunity and for actual damages, together with interest at the legal rate from the date of sale, reasonable attorney's fees and court costs.
B. Any person who violates Sections 819, 821, or 822 of this title is liable to the purchaser who may sue either at law or in equity for rescission, for recovery of all money or other valuable consideration paid for the business opportunity and for actual damages, together with interest at the legal rate from the date of sale, reasonable attorney's fees and court costs.
Added by Laws 1985, c. 157, § 24, eff. Nov. 1, 1985. Amended by Laws 2022, c. 77, § 47, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 71. Securities › §71-825. Aiding and abetting violation.

Any person who controls or materially aids a person liable under Sections 822 or 823 of this title shall be liable jointly and severally with and to the same extent as the person committing the violation.
Added by Laws 1985, c. 157, § 25, eff. Nov. 1, 1985. Amended by Laws 2022, c. 77, § 48, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 71. Securities › §71-826. Limitation of actions - Remedies not exclusive - Waiver of compliance, duty or liability void.

A. No action shall be maintained under subsection A of Section 824 of this title unless commenced before the expiration of three (3) years after the act or transaction constituting the sale. No action shall be maintained under subsection B of Section 824 of this title unless commenced before the expiration of two (2) years after the untruth or omission was, or in the exercise of reasonable care should have been, discovered, or such longer term of limitation as may be otherwise provided by law.
B. The rights and remedies under the Oklahoma Business Opportunity Sales Act are in addition to any other rights or remedies that may exist at law or in equity.
C. Any condition, stipulation or provision binding any purchaser of a business opportunity to waive compliance with or relieving a person from any duty or liability imposed by or any right provided by the Oklahoma Business Opportunity Sales Act or any rule or order issued pursuant to the act is void.
Added by Laws 1985, c. 157, § 26, eff. Nov. 1, 1985. Amended by Laws 2022, c. 77, § 49, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 71. Securities › §71-828. Oklahoma Securities Act - Application.

All of the administrative procedures applicable to investigations and proceedings conducted pursuant to the Oklahoma Uniform Securities Act of 2004 which are not in conflict with the provisions of this title shall apply to any offer and/or sale of a business opportunity in this state.
Added by Laws 1991, c. 79, § 7, eff. Sept. 1, 1991. Amended by Laws 2022, c. 77, § 50, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 71. Securities › §71-829. Fees and charges - Deposits.

A. Unless otherwise provided for by law, the following shall be the fees charged pursuant to the provisions of the Oklahoma Business Opportunity Sales Act. Once paid, the fees shall be nonrefundable.
1. Registration filing fee
$250.00
2. Registration renewal fee
$150.00
3. Review of sales literature or advertising package
$ 50.00
4. Sales report filing fee
$ 50.00
5. Interpretive opinion or no-action request
$250.00
6. Request for order of exemption
$250.00
B. All fees and other charges collected by the Administrator shall be deposited in the General Revenue Fund, except for the fees deposited in the Oklahoma Department of Securities Revolving Fund. The fees deposited in the Oklahoma Department of Securities Revolving Fund shall be the fees set forth in paragraphs 3, 5, and 6 of subsection A of this section.
Added by Laws 1999, c. 109, § 23, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 71. Securities › §71-902. Definitions.

As used in the Oklahoma Uniform TOD Security Registration Act, unless the context otherwise requires:
1. "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner;
2. "Devisee" means any person designated in a will to receive a disposition of real or personal property;
3. "Heirs" means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent;
4. "Person" means an individual, a corporation, a limited liability company, an organization, or other legal entity;
5. "Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status;
6. "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership;
7. "Register", including its derivatives, means:
a.
to issue a certificate showing the ownership of a certificated security,
b.
in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities, or
c.
in the case of a certificated or uncertificated security titled in the name of a registering entity or its nominee on behalf of one or more beneficial owners, to initiate or transfer an account showing beneficial ownership of securities;
8. "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker or a bank maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities;
9. "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account;
10. "Security account" means:
a.
a reinvestment account associated with a security, a securities account with a broker or a bank, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death, or
b.
a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death; and
11. "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
Added by Laws 1994, c. 208, § 2, eff. Sept. 1, 1994. Amended by Laws 1994, c. 313, § 8, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 71. Securities › §71-903. Rules governing registration in beneficiary form.

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.
Added by Laws 1994, c. 208, § 3, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 71. Securities › §71-904. Applicable law.

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
Added by Laws 1994, c. 208, § 4, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 71. Securities › §71-905. Origination of registration in beneficiary form.

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
Added by Laws 1994, c. 208, § 5, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 71. Securities › §71-906. Form of registration.

Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD", or by the words "pay on death" or the abbreviation "POD", after the name of the registered owner and before the name of a beneficiary.
Added by Laws 1994, c. 208, § 6, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 71. Securities › §71-907. Effect of registration.

The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary. The designation of a TOD beneficiary on a registration in beneficiary form shall be subject to the provisions of Section 178 of Title 15 of the Oklahoma Statutes.
Added by Laws 1994, c. 208, § 7, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 71. Securities › §71-908. Ownership on death - Rights of creditors.

A. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common.
B. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners. A beneficiary fails to survive if the beneficiary is treated as having predeceased an owner by operation of Section 178 of Title 15 of the Oklahoma Statutes.
C. 1. A registration in beneficiary form is not effective against an estate of a deceased sole owner or a deceased last to die of multiple owners to transfer to a beneficiary or beneficiaries sums needed to pay debts, taxes, and expenses of administration, including statutory allowances to the surviving spouse, minor children, and dependent children, if other assets of the estate are insufficient. A TOD beneficiary in whose name a security is registered after the death of the owner is liable to account to the deceased owner's personal representative for securities so registered or their proceeds to the extent necessary to discharge such claims and charges remaining unpaid after the application of the assets of the decedent's estate. A proceeding to assert this liability may not be commenced unless the personal representative has received a written demand by a surviving spouse, a creditor, or one acting for a minor dependent child of the decedent, and a proceeding may not be commenced later than two (2) years following the death of the decedent. A beneficiary against whom the proceeding is brought may elect to transfer to the personal representative the security registered in the name of the beneficiary after the death of the deceased owner if the beneficiary still owns the security, or the net proceeds received by the beneficiary upon disposition of the security by the beneficiary, and that transfer fully discharges the beneficiary from all liability under this subsection. Amounts or securities recovered by the personal representative must be administered as part of the deceased owner's estate.
2. This subsection does not affect the right of a registering entity to register a security in the name of the beneficiary, or make a registering entity liable to the estate of a deceased owner, except for a reregistration after a registering entity has received written notice from any claimant to an interest in the security objecting to implementation of a registration in beneficiary form.
Added by Laws 1994, c. 208, § 8, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 71. Securities › §71-909. Protections for registering entity.

A. A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this act.
B. By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the owner as provided in this act.
C. 1. A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with Section 7 of this act and does so in good faith reliance on:
a.
the registration,
b.
this act, and
c.
information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity;
2. The protections of this act do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this act.
D. The protection provided by this act to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
Added by Laws 1994, c. 208, § 9, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 71. Securities › §71-911. Terms, conditions and form for registration.

A. A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for registrations in beneficiary form, and for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for, but need not be limited to, the following:
1. Proving death;
2. Avoiding or resolving problems created by the divorce or death of a beneficiary in compliance with Section 178 of Title 15 of the Oklahoma Statutes;
3. Avoiding or resolving any problems concerning fractional shares;
4. Designating primary and contingent beneficiaries; and
5. Substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death.
B. Substitution may be indicated by appending to the name of the primary beneficiary the letters "LDPS", standing for "lineal descendants per stirpes". This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate.
C. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.
D. The following are illustrations of registrations in beneficiary form which a registering entity may authorize:
1. Sole owner-sole beneficiary: John S Brown TOD (or POD) John S Brown Jr.
2. Multiple owners-sole beneficiary: John S Brown Mary B Brown JT TEN TOD John S Brown Jr.
3. Multiple owners-primary and secondary (substituted) beneficiaries: John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown or John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.
Added by Laws 1994, c. 208, § 11, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 71. Securities › §71-912. Construction.

A. The Oklahoma Uniform TOD Security Registration Act shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this act among states enacting it.
B. Unless displaced by the particular provisions of this act, the principles of law and equity supplement its provisions.
Added by Laws 1994, c. 208, § 12, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 72. Soldiers and Sailors › §72-2. "Ex-service person", "veteran", and "war veteran" defined.

The words "ex-service person", "veteran", or "war veteran" used in this act shall be construed to mean any person who:
1. Has served the full obligation for active duty, Reserve or National Guard service in the military, or received an early discharge for a medical condition, hardship or reduction in force; and
2. Has been separated or discharged from such service honorably or under honorable conditions.
Added by Laws 1923, c. 136, p. 226, § 2, emerg. eff. Feb. 8, 1923. Amended by Laws 1927, c. 75, p. 114, § 2, emerg. eff. March 30, 1927; Laws 1943, p. 231, § 1, emerg. eff. April 3, 1943; Laws 2013, c. 233, § 1, eff. Nov. 1, 2013; Laws 2014, c. 213, § 1, eff. Nov. 1, 2014; Laws 2017, c. 89, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 72. Soldiers and Sailors › §72-5. Veterans to whom provisions available.

The provisions of this act shall be available to any disabled person who served during World War II, or any State of National Emergency as declared by the President of the United States, in the military or naval forces of any nation allied or associated with the United States, provided that the person was at the time of enlisting in the military or naval forces a citizen of the United States and is a citizen of the United States at the time he or she applies for the benefit of this act.
Added by Laws 1923, c. 136, p. 227, § 4, emerg. eff. Feb. 8, 1923. Amended by Laws 1927, c. 75, p. 114, § 5, emerg. eff. March 30, 1927; Laws 1943, p. 232, § 3, emerg. eff. April 3, 1943; Laws 1951, p. 247, § 1, emerg. eff. May 16, 1951; Laws 2013, c. 233, § 2, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 72. Soldiers and Sailors › §72-6. Nontransferability of privileges - Penalty.

The privileges granted by this act shall not be assignable or transferable to or used by any other person or persons except those persons to whom certificates have been issued as herein provided. Any person who violates any provision of this act shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than Twenty Dollars ($20.00) nor more than Two Hundred Dollars ($200.00).
Laws 1923, c. 136, p. 227, § 5, emerg. eff. Feb. 8, 1923; Laws 1927, c. 75, p. 115, § 6, emerg. eff. March 30, 1927; Laws 1959, p. 349, § 2, emerg. eff. April 15, 1959.
2023 Oklahoma Statutes › Title 72. Soldiers and Sailors › §72-6-1. Impersonating member or veteran of the United States Armed Forces - Punishment.

A. Any person who knowingly with intent to impersonate and with intent to deceive, misrepresents himself or herself as a member or veteran of the United States Armed Forces by wearing any decoration or medal authorized by the Congress of the United States for the Armed Forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations as authorized by the applicable federal law, shall be guilty of a misdemeanor and shall be fined One Thousand Dollars ($1,000.00) or be imprisoned in the county jail for a period of not more than six (6) months or both.
B. If a decoration or medal involved in an offense under subsection A of this section is a Congressional Medal of Honor, the offender shall upon conviction be guilty of a felony and fined an amount not to exceed Five Thousand Dollars ($5,000.00) or be imprisoned in the county jail for a period of not more than one (1) year, or both.
C. If a person presents any falsified or altered document as proof of service or authorization for decoration or medal, such person shall be guilty of a felony and fined an amount not to exceed Five Thousand Dollars ($5,000.00) or be imprisoned in the county jail for a period of not more than one (1) year.
Added by Laws 2005, c. 360, § 1, eff. Nov. 1, 2005. Amended by Laws 2016, c. 188, § 1, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 72. Soldiers and Sailors › §72-6-2. Wearing uniform of the United States Armed Forces or Public Health Service - Punishment.

Whoever, in any place within the jurisdiction of the State of Oklahoma, without authority as defined in the United States Code, wears the uniform or any distinctive part thereof or anything similar to a distinctive part of the uniform of any of the Armed Forces of the United States, Public Health Service or any auxiliary of such, with the intent to deceive by impersonating a member of the Armed Forces or a veteran, shall be guilty of a misdemeanor and fined an amount not to exceed One Thousand Dollars ($1,000.00) or be imprisoned in the county jail for a period of not more than one (1) year or both.
Added by Laws 2005, c. 360, § 2, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 72. Soldiers and Sailors › §72-6-3. Manufacture, reproduction, or sale of objects related to certain Veterans' organizations - Punishment.

A. Whoever knowingly manufactures, reproduces, sells or purchases for resale, either separately or on or appended to, any article of merchandise manufactured or sold, any badge, medal, emblem, or other insignia or any colorable imitation thereof, of any veterans’ organization incorporated by enactment of the Congress of the United States, or of any organization formally recognized by any such veterans’ organization as an auxiliary of such veterans’ organization, or knowingly prints, lithographs, engraves or otherwise reproduces on any poster, circular, periodical, magazine, newspaper, or other publication, or circulates or distributes any such printed matter bearing a reproduction of such badge, medal, emblem, or other insignia or any colorable imitation thereof, except when authorized under rules and regulations prescribed by any such organization, shall be guilty of a misdemeanor and fined an amount not to exceed Five Hundred Dollars ($500.00) or be imprisoned in the county jail for a period of not more than one (1) year or both.
B. As used in subsection A of this section, “sells” includes trades, barters, or exchanges anything of value.
Added by Laws 2005, c. 360, § 3, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 72. Soldiers and Sailors › §72-7. State-operated parks and museum admission.

A. All honorably discharged veterans who are currently Oklahoma residents shall be allowed free admission to all state-owned or state–operated parks and museums. A valid Oklahoma driver license or state photo identification card and military discharge papers (DD Form 214) or similar evidence of an honorable discharge from the United States Armed Forces shall be required for free admission.
B. A valid Oklahoma driver license or identification card issued by the Department of Public Safety with a flag emblem and the word "veteran" in the upper left-hand corner of the front of the driver license or identification card shall be sufficient for free admission to all state-owned and state-operated parks and museums.
Added by Laws 2008, c. 363, § 1, eff. Nov. 1, 2008. Amended by Laws 2014, c. 86, § 1, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 72. Soldiers and Sailors › §72-22. Duties of county clerk - Violation a misdemeanor.

All recording of said discharges shall be done by the clerical force in the county clerk's office, without charge and shall also furnish certified copies of said discharges without charge, and any clerk or other person who makes any charge for such service shall be guilty of a misdemeanor.
Laws 1919, c. 94, p. 147, § 2, emerg. eff. April 2, 1919.
2023 Oklahoma Statutes › Title 72. Soldiers and Sailors › §72-23. Copies of records - Court clerks - Judges of the district courts - Registrar of vital statistics.

The court clerks and judges of the district courts of the several counties of this state, and the Registrar of the Bureau of Vital Statistics of this state, when requested so to do by any member of the armed forces of the United States, those serving during World War II, or by their dependents or by any person in behalf of such enlisted members or their dependents, or by any honorably discharged person who served in any branch of the military or naval forces of the United States during any war in which the United States participated as a belligerent, or by the dependents of such honorably discharged persons, or by any person in their behalf, or by the Commissioner of Pensions of the United States, or by the Director of the United States Veterans' Bureau, or Regional Manager of any Regional office of the United States Veterans' Bureau, shall furnish, without charge or fee therefor, duly certified copies of any decree of divorce, marriage license, certificate of marriage, birth certificate, certificate of death, order appointing administrator or guardian, letters of administration or guardianship, bond of administrator or guardian, order discharging administrator or guardian, or other judgment, decree or document required by law or by any rule or regulation of the Bureau of Pensions or the United States Veterans' Bureau to be furnished as evidence to establish a claim on behalf of those persons enumerated above, for issuance of a birth certificate, pension, compensation, family allowance, bonus, or other money or moneys claimed to be due and payable by or through said Bureau of Pensions or United States Veterans' Bureau.
Laws 1927, c. 20, p. 20, § 1, emerg. eff. April 6, 1927; Laws 1943, p. 232, § 1, emerg. eff. March 30, 1943.
2023 Oklahoma Statutes › Title 72. Soldiers and Sailors › §72-31a. State Veterans' Cemetery System.

A. The Department of Veterans Affairs is authorized to construct, establish, administer, operate and maintain a State Veterans' Cemetery System. The State Veterans' Cemetery System shall consist of one or more cemeteries to serve veterans, spouses and eligible dependents of veterans of the State of Oklahoma.
B. The Department may:
1. Employ staff to operate the cemetery system;
2. Purchase equipment and supplies necessary for the operation and support of the cemetery system; and
3. Charge a fee for each interment of an eligible spouse or dependent of a veteran.
C. The Department shall:
1. Promulgate appropriate guidelines, rules, or regulations for determining eligibility for burial, instituting standards for the cemeteries, and setting burial charges to be assessed for the burial of spouses and eligible dependents;
2. Develop plans and programs which will provide for initial establishment of sites to meet the greatest need and provide for their orderly expansion;
3. Establish accounts as are necessary to the orderly administration of the cemetery system;
4. Make applications to federal agencies such as the United States Department of Veterans Affairs and receive federal funding as is available to establish, construct, operate and maintain this cemetery system; and
5. Accept donations of real or personal property for the construction, establishment, operation and maintenance of the State Veterans' Cemetery System.
D. The Department may seek, accept and expend private, state and federal funds for the establishment, construction, maintenance, administration and operation of the cemetery system as provided in this section. The Department may accept land, on behalf of the state, or may utilize land owned by the Department for the establishment of a veterans' cemetery.
Added by Laws 2017, c. , § , eff. Nov. 1, 2017. Amended by Laws 2017, c. 227, § 1, eff. Nov. 1, 2017.