reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 20 - Business Records › Section 655:20-1-7 - Certificate of Existence/Good Standing

Current through Vol. 41, No. 20, July 1, 2024
The Certificate of Existence or Good Standing required by 18
				O.S., Sections 1130(B)(1), 2043(2) and 54 O.S., Section 350(2) to be filed with
				a certificate of qualification and certificate of registration, must be an
				original dated within sixty (60) days of the date the instrument has met all
				statutory requirements and been accepted for filing.
Amended at 11 Ok Reg 4241,
				eff 7-25-94
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 20 - Business Records › Section 655:20-1-8 - Annual Certificates for foreign corporations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Filing date and form.
Annual
			 Certificates for foreign corporations are to be filed on the anniversary date
			 of their qualification in the state of Oklahoma pursuant to 18 O.S., Section
			 1142(A)(13). The annual certificate forms are printed and mailed on or about
			 the first working day of the month preceding the month of their qualification
			 date.
(b)
Notice of Impending
			 Ouster.
If any foreign corporation fails to file or cause to be filed an
			 annual certificate, a "Notice of Impending Ouster" will be mailed to such
			 corporation at its principal place of business or last address shown on the
			 records of the Secretary of State, pursuant to the provisions of 18 O.S.
			 Section
			 1134(B).
			 Such notice of impending ouster shall give the corporation not less than thirty
			 (30) days notice of the intent of the Secretary of State to revoke the
			 corporation's license to do business in the State of Oklahoma.
(c)
Notice of Ouster.
An
			 official "Notice of Ouster" by the Secretary of State revoking and cancelling a
			 foreign corporation's authority to do business in Oklahoma will be mailed to
			 any foreign corporation that fails to file or cause to be filed its annual
			 certificate at its principal place of business or last address shown on the
			 records of the Secretary of State.
(1)
Violations and penalties.
After the 30 day notice of impending
			 ouster, the corporation shall be subject to a penalty of twenty-five dollars
			 ($25.00) per business day for each day the corporation fails to comply.
			 Penalties shall not exceed five hundred dollars ($500.00) for each such
			 offense, pursuant to 18 O.S., Section 1134 (B)(2).
(2)
Receipt of Annual Certificate on
			 day of ouster.
Should the Office of the Secretary of State receive the
			 Annual Certificate for such corporation accurately executed and with the proper
			 filing fees on the ouster date, the certificate will be accepted for filing
			 without penalties being assessed and upon such filing, the record of ouster
			 will be deleted from the files of the Secretary of State.
(3)
Distribution of ouster list.
A list of the corporations being ousted by the Office of the Secretary of State
			 will be sent to the Oklahoma Tax Commission, Franchise Tax Division and the
			 Oklahoma Securities Commission.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 20 - Business Records › Section 655:20-1-9 - Deficient business entity documents

Current through Vol. 41, No. 20, July 1, 2024
(a)
			 The contents, execution and acknowledgment of all instruments processed by the
			 Business Division are reviewed for conformance with the statutes which
			 authorize such document to be filed with the Secretary of State.
(b) Whenever any document authorized to be
			 filed with the Secretary of State has been so filed and is found to be
			 deficient in its content, execution, or acknowledgment, the business entity
			 and/or party responsible for such filing, will be notified of the deficiency
			 and asked for its correction.
(c)
			 If a deficient document has not been corrected within twenty (20) days of
			 notice of its existence, the Secretary of State may cancel the filing of said
			 document, delete the record of its filing from the records of the Secretary of
			 State and refund the filing fee.
Added at 16 Ok Reg 2623,
				eff 7-1-99
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 1 - General Provisions › Section 655:25-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter establishes procedures and guidelines relating
				  to notaries public.
Amended at 11 Ok Reg
				  4245, eff 7-25-94; Amended at 16 Ok Reg 2626, eff 7-1-99; Amended at 18 Ok Reg
				  2793, eff 7-1-01
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 1 - General Provisions › Section 655:25-1-1.1 - Availability of forms and instructions

Current through Vol. 41, No. 20, July 1, 2024
The following forms and instructions related to this Chapter
				  are available for public use and may be obtained by contacting the Notary
				  Department or from the Secretary of State website:
(1) Application for Notary Public Commission;
(2) Notarial Bond, with Oath of
				Office and Loyalty Oath; and
(3)
				Application for Remote Online Notarization Authorization.
Added at 16 Ok Reg 2626,
				  eff 7-1-99; Amended at 18 Ok Reg 2793, eff
				  7-1-01
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 1 - General Provisions › Section 655:25-1-2 - Application for commission as a notary public; renewal

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application contents.
Every
				application for a notarial commission must include:
(1) the printed name of the applicant exactly
				as he/she will sign documents as a notary;
(2) former names, if applicant has been
				previously commissioned as an Oklahoma notary under a different name;
(3) if a resident of this state, the county
				of residence and street address (see also (d) of this Section);
(4) if a resident of another state, the
				county and street address of employment in Oklahoma and applicant's residence
				address (see also (d) of this Section);
(5) statements that the applicant:
(A) is at least 18 years of age;
(B) has never been convicted of a felony; and
(C) is able to read and write in
				English;
(6) a
				designation of new, renewal, or expired commission, including an expiration
				date if applicable;
(7) a daytime
				telephone number;
(8) a valid email
				address for the applicant;
(9) the
				signature of the applicant, which must match the printed name required in
				paragraph (1) of this subsection; and
(10) an application fee of $25.00 for a new
				or expired application and $20.00 for a renewal application [49 O.S.,
				§1.1].
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 1 - General Provisions › Section 655:25-1-3 - Suspension of notary commissions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 4245,
				  eff 7-25-94; Revoked at 18 Ok Reg 2793, eff
				  7-1-01
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 1 - General Provisions › Section 655:25-1-4 - Record search [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 4245,
				  eff 7-25-94; Revoked at 18 Ok Reg 2793, eff
				  7-1-01
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 1 - General Provisions › Section 655:25-1-5 - Bond, oaths, signature, and seal; failure to file

Current through Vol. 41, No. 20, July 1, 2024
(a)
Filing.
Prior to performing
				the duties as a notary public and not more than sixty (60) days after issuance
				of a notary commission , the following must be filed with the Secretary of
				State :
(1) the notary's oath of office and
				loyalty oath;
(2) the notary's
				official signature;
(3) an
				impression of the notary's official seal;
(4) a bond in the sum of One Thousand Dollars
				($1,000.00), to be approved by the Secretary of State; and
(5) a filing fee of $10.00 [49 O.S., §2]
				.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 1 - General Provisions › Section 655:25-1-5.1 - Term of notary commission

Current through Vol. 41, No. 20, July 1, 2024
Each person appointed and commissioned as a notary public
				  shall hold office for a term of four (4) years from the effective date of the
				  notary's commission, unless a commission is resigned or revoked prior to the
				  end of the four year term.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 1 - General Provisions › Section 655:25-1-6 - Notary public list subscriptions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
				  4245, eff 7-25-94; Revoked at 18 Ok Reg 2793, eff
				  7-1-01
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 1 - General Provisions › Section 655:25-1-8 - Electronic notarization and seal

Current through Vol. 41, No. 20, July 1, 2024
As authorized by 12A O.S., §15-111, Oklahoma Uniform
				  Electronic Transactions Act, an Oklahoma notary may perform an electronic
				  notarization. An electronic notarization must meet all of the requirements of a
				  traditional notarization, including the requirement that the principal appear
				  in person before the notary. The notary's electronic seal must reproduce the
				  required elements of the notary seal, as set forth in 49 O.S., §5.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 3 - Revocation, Resignation and Death › Section 655:25-3-1 - Revocation

Current through Vol. 41, No. 20, July 1, 2024
(a) A notary commission may be revoked by the
				Secretary of State upon:
(1) conviction of
				any felony; or
(2) failure to
				comply with Section
				2
				of Title 49 of the Oklahoma Statutes, requiring the notary to file a notarial
				bond within sixty (60) days after issuance of notary's commission [49 O.S.,
				§ 12(A)].
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 3 - Revocation, Resignation and Death › Section 655:25-3-2 - Resignation

Current through Vol. 41, No. 20, July 1, 2024
(a) A notary who resigns a notarial
				commission shall submit to the Secretary of State a written notice of
				resignation and the effective date of such resignation.
(b) Notaries who cease to reside or work in
				this state shall resign their commission.
(c) When a notarial commission is resigned,
				the notary shall destroy the official seal(s).
Added at 18 Ok Reg 2793,
				  eff 7-1-01; Amended at 20 Ok Reg 2578, eff
				  7-11-03
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 3 - Revocation, Resignation and Death › Section 655:25-3-3 - Death

Current through Vol. 41, No. 20, July 1, 2024
If a notary dies during the term of commission, the notary's
				  heirs or personal representative, as soon as reasonably practicable after
				  death, shall:
(1) destroy the official
				seal(s).;
(2) submit a written
				notice of the date of death to the Secretary of State, signed by an heir or
				personal representative of the deceased notary.
Added at 18 Ok Reg 2793,
				  eff 7-1-01; Amended at 20 Ok Reg 2578, eff
				  7-11-03
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 5 - Seal › Section 655:25-5-1 - Journal [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 18 Ok Reg 2793,
				  eff 7-1-01; Revoked at 20 Ok Reg 2578, eff
				  7-11-03
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 5 - Seal › Section 655:25-5-2 - Official seal

Current through Vol. 41, No. 20, July 1, 2024
(a) A notary shall
				keep an official notarial seal that is the exclusive property of the notary and
				that may not be used by any other person. At the end of a notary's employment,
				an employer may not require the notary to surrender the seal.
(b) The seal may be either a metal seal which
				leaves an embossed impression, a rubber stamp, or an electronic seal, as
				defined in 49 O.S., § 5 and OAC 655:25-1-8.
(c) A notary shall authenticate all official
				acts with this seal. The seal shall appear near the notary's official signature
				on a notarial certificate.
Added at 18 Ok Reg 2793,
				  eff 7-1-01; Amended at 20 Ok Reg 2578, eff
				  7-11-03
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 5 - Seal › Section 655:25-5-3 - Lost or stolen seal

Current through Vol. 41, No. 20, July 1, 2024
(a)
Notification.
Upon the loss or theft of a seal, the notary shall
				submit to the Secretary of State a written notice of the loss or theft and the
				date the seal was first discovered missing, and inform the appropriate law
				enforcement agency in the case of theft.
(b)
Replacement.
When purchasing
				a replacement seal, it is advisable to have a character or symbol added to the
				seal to distinguish it from the missing one. After purchasing a new seal, the
				notary shall submit to the Secretary of State a written notice advising that a
				replacement seal has been purchased, the date of purchase, and, if applicable,
				the distinguishing character or symbol added.
Added at 18 Ok Reg 2793,
				  eff 7-1-01
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 7 - Change of Name or Address › Section 655:25-7-1 - Change of address

Current through Vol. 41, No. 20, July 1, 2024
Within 30 days after the change of a notary's Oklahoma
				  residence address or Oklahoma employment address if a non-resident, the notary
				  shall submit to the Secretary of State written notification of the new address
				  [49 O.S., §11].
Added at 18 Ok Reg 2793,
				  eff 7-1-01; Revoked at 20 Ok Reg 2578, eff
				  7-11-03
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 7 - Change of Name or Address › Section 655:25-7-2 - Change of name

Current through Vol. 41, No. 20, July 1, 2024
If a notary's name changes in the middle of the commission
				  term, the notary may:
(1) continue to
				use the former name until the current commission expires; or
(2) apply for a new commission, obtain and
				file a new bond and seal, along with official signature and oaths, and pay
				applicable fees [49 O.S., §11 and this Chapter].
Added at 18 Ok Reg 2793,
				  eff 7-1-01; Revoked at 20 Ok Reg 2578, eff
				  7-11-03
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 9 - Availability of Information [Revoked] › Section 655:25-9-1 - Availability of information [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 18 Ok Reg 2793,
				  eff 7-1-01; Revoked at 20 Ok Reg 2578, eff
				  7-11-03
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 11 - Remote Online Notarization › Section 625:25-11-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to establish the procedures
				  necessary to implement the Oklahoma Remote Online Notary Act, 49 O.S.,
				  §§ 201 through 214.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 11 - Remote Online Notarization › Section 655:25-11-3 - Registration to perform remote online notarizations

Current through Vol. 41, No. 20, July 1, 2024
(a) A notary public is authorized to perform
				remote online notarizations during the term of the notary public's commission
				if the notary public has registered under subsection (b) of this Section and
				received written authorization from the Secretary of State under subsection (f)
				of this Section.
(b) Registration
				under this section shall be by written application to the Secretary of State
				that includes the following information:
(1)
				the applicant's full legal name;
(2) the exact name under which the applicant
				is commissioned as a notary public, if different from the legal name;
(3) the applicant's commission number as a
				notary public;
(4) a description of
				the technologies or devices that the applicant intends to use to perform remote
				online notarizations;
(5) the name,
				address, and website URL of any vendors or other persons that will directly
				supply to the notary public the technologies that the notary public intends to
				use; and
(6) a statement that the
				technologies identified in the application are compliant with 49 O.S., §
				201 through 214 and with this subchapter.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 11 - Remote Online Notarization › Section 655:25-11-4 - Electronic signatures and electronic seals

Current through Vol. 41, No. 20, July 1, 2024
(a)
Tamper-evident technology.
A
				notary public must select one or more tamper-evident technologies to perform
				remote online notarizations. A person may not require a notary public to use a
				technology that the notary public has not selected. The tamper-evident
				technology must consist of a digital certificate complying with the X.509
				standard adopted by the International Telecommunication Union on October 14,
				2016, or a similar industry-standard technology. A notary public must attach or
				logically associate the notary public's electronic signature and electronic
				seal to an electronic record that is the subject of a notarial act by use of
				the digital certificate. A notary public may not perform a remote online
				notarization if the digital certificate:
(1)
				has expired;
(2) has been revoked
				or terminated by the issuing or registering authority;
(3) is invalid; or
(4) is incapable of authentication.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 11 - Remote Online Notarization › Section 655:25-11-5 - Standards for identity verification

Current through Vol. 41, No. 20, July 1, 2024
(a)
Multi-factor authentication.
If a notary public does not have
				satisfactory evidence of the identity of a principal under subsection (b) of
				this Section, the notary public must reasonably verify the principal's identity
				through a multi-factor authentication procedure as provided in this subsection.
				The procedure shall analyze the principal's identification credential that is
				the subject of remote presentation against trusted third-person data sources,
				bind the principal's identity to the individual following successful dynamic
				knowledge-based authentication assessment, and permit the notary public
				visually to compare the identification credential and the principal. The
				analysis of the identification credential and the dynamic knowledge-based
				authentication assessment shall conform to the following requirements:
(1)
Credential analysis.
The
				analysis of the identification credential that is the subject of remote
				presentation must use public or private data sources to confirm its validity
				and shall, at a minimum:
(A) use automated
				software processes to aid the notary public in verifying the identity of each
				principal;
(B) require that the
				identification credential passes an authenticity test, consistent with sound
				commercial practices that use appropriate technologies to confirm the integrity
				of visual, physical or cryptographic security features and to confirm that the
				identification credential is not fraudulent or inappropriately modified;
(C) use information held or
				published by the issuing source or an authoritative source, as available and
				consistent with sound commercial practices, to confirm the validity of personal
				details and identification credential details; and
(D) enable the notary public visually to
				compare for consistency the information and photograph on the identification
				credential and the principal as viewed by the notary public in real time
				through communication technology.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 11 - Remote Online Notarization › Section 655:25-11-6 - Standards for communication technology

Current through Vol. 41, No. 20, July 1, 2024
The communication technology used by a notary public in the
				  performance of remote online notarizations must conform to the following
				  requirements:
(1)
Audio-video
				feeds.
Communication technology must provide for synchronous audio-video
				feeds of sufficient video resolution and audio clarity to enable the notary
				public and all remotely located individuals to see and speak with each other.
				The process must provide a means for the notary public reasonably to confirm
				that an electronic record before the notary public is the same electronic
				record in which the principal made a statement or on which the principal
				executed an electronic signature.
(2)
Security measures.
Communication technology must provide reasonable security measures to prevent
				unauthorized access to:
(A) the live
				transmission of the audio-visual feeds;
(B) the methods used to perform the identify
				verification process under Section 655:25-11-5; and
(C) any electronic record in which the
				principal made a statement or on which the principal executed an electronic
				signature.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 11 - Remote Online Notarization › Section 655:25-11-7 - Certificate of notarial act for remote online notarizations

Current through Vol. 41, No. 20, July 1, 2024
(a) The certificate of notarial act for a
				remote online notarization must indicate that the notarial act was a remote
				online notarial act performed by means of communication technology.
(b) A form of certificate for a remote online
				notarization satisfies the requirement of subsection (a) of this Section if it
				is in the form provided by applicable law and contains a statement
				substantially as follows: "This remote online notarization involved the use of
				communication technology."
(c) A
				short form certificate provided in 49 O.S., § 119, or an acknowledgment
				form prescribed in 60 O.S., § 178.11, satisfies the requirement of
				subsection (a) of this Section if it is in substantially one of the forms
				provided in Appendix A of this Chapter.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 25 - Notary Public › Subchapter 11 - Remote Online Notarization › Section 655:25-11-8 - Record retention and depositories

Current through Vol. 41, No. 20, July 1, 2024
(a) A notary public must retain an electronic
				journal and an audio-visual recording created under 49 O.S., § 206 in a
				computer or other electronic storage device that protects the journal and
				recording against unauthorized access by password or cryptographic process. The
				recording must be created in an industry-standard audio-visual file format and
				must not include images of any electronic record on which the remotely located
				individual executed an electronic signature.
(b) An electronic journal must be retained
				for at least ten (10) years after the last notarial act chronicled in the
				journal. An audio-visual recording must be retained for at least ten (10) years
				after the recording is made [49 O.S., § 206].
(c) A notary public must take reasonable
				steps to ensure that a backup of the electronic journal and audio-visual
				recording exists and is secure from unauthorized use.
(d) On the death or adjudication of
				incompetency of a current or former notary public, the notary public's personal
				representative or guardian or any other person knowingly in possession of an
				electronic journal or audio-visual recording must:
(1) comply with the retention requirements of
				this Section;
(2) transmit the
				journal and recording to one or more depositories under subsection (e); or
(3) transmit the journal and
				recording in an industry-standard readable data storage device to the Secretary
				of State.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 30 - Address Confidentiality Program [Transferred] › Section 655:30-1-1 - Purpose [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2485,
				eff 6-25-04; Transferred to 75:20-1-1 by HB 2368 (2008), eff 7-1-08 (See
				Editor's Notice published at 25 Ok Reg
				2607)
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 30 - Address Confidentiality Program [Transferred] › Section 655:30-1-2 - Definitions [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2485,
				eff 6-25-04; Transferred to 75:20-1-2 by HB 2368 (2008), eff 7-1-08 (See
				Editor's Notice published at 25 Ok Reg
				2607)
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 30 - Address Confidentiality Program [Transferred] › Section 655:30-1-3 - Forms and informational material [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2485,
				eff 6-25-04; Transferred to 75:20-1-3 by HB 2368 (2008), eff 7-1-08 (See
				Editor's Notice published at 25 Ok Reg
				2607)
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 30 - Address Confidentiality Program [Transferred] › Section 655:30-1-4 - Application assistants [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2485,
				eff 6-25-04; Transferred to 75:20-1-4 by HB 2368 (2008), eff 7-1-08 (See
				Editor's Notice published at 25 Ok Reg
				2607)
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 30 - Address Confidentiality Program [Transferred] › Section 655:30-1-5 - Criteria for program participation [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2485,
				eff 6-25-04; Transferred to 75:20-1-5 by HB 2368 (2008), eff 7-1-08 (See
				Editor's Notice published at 25 Ok Reg
				2607)
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 30 - Address Confidentiality Program [Transferred] › Section 655:30-1-6 - Applying for participation [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2485,
				eff 6-25-04; Transferred to 75:20-1-6 by HB 2368 (2008), eff 7-1-08 (See
				Editor's Notice published at 25 Ok Reg
				2607)
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 30 - Address Confidentiality Program [Transferred] › Section 655:30-1-7 - Certification [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2485,
				eff 6-25-04; Transferred to 75:20-1-7 by HB 2368 (2008), eff 7-1-08 (See
				Editor's Notice published at 25 Ok Reg
				2607)
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 30 - Address Confidentiality Program [Transferred] › Section 655:30-1-8 - Certification renewal [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2485,
				eff 6-25-04; Transferred to 75:20-1-8 by HB 2368 (2008), eff 7-1-08 (See
				Editor's Notice published at 25 Ok Reg
				2607)
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 30 - Address Confidentiality Program [Transferred] › Section 655:30-1-9 - Certification withdrawal and cancellation [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2485,
				eff 6-25-04; Transferred to 75:20-1-9 by HB 2368 (2008), eff 7-1-08 (See
				Editor's Notice published at 25 Ok Reg
				2607)
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 30 - Address Confidentiality Program [Transferred] › Section 655:30-1-10 - Use of the substitute address [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2485,
				eff 6-25-04; Transferred to 75:20-1-10 by HB 2368 (2008), eff 7-1-08 (Editor's
				Notice published at 25 Ok Reg 2607)
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 30 - Address Confidentiality Program [Transferred] › Section 655:30-1-11 - Public schools [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2485,
				eff 6-25-04; Transferred to 75:20-1-11 by HB 2368 (2008), eff 7-1-08 (Editor's
				Notice published at 25 Ok Reg 2607)
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 30 - Address Confidentiality Program [Transferred] › Section 655:30-1-12 - Voter registration [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2485,
				eff 6-25-04; Transferred to 75:20-1-12 by HB 2368 (2008), eff 7-1-08 (Editor's
				Notice published at 25 Ok Reg 2607)
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 30 - Address Confidentiality Program [Transferred] › Section 655:30-1-13 - Service of process [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2485,
				eff 6-25-04; Transferred to 75:20-1-13 by HB 2368 (2008), eff 7-1-08 (Editor's
				Notice published at 25 Ok Reg 2607)
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 30 - Address Confidentiality Program [Transferred] › Section 655:30-1-14 - Agency exemption [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2485,
				eff 6-25-04; Transferred to 75:20-1-14 by HB 2368 (2008), eff 7-1-08 (Editor's
				Notice published at 25 Ok Reg 2607)
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 30 - Address Confidentiality Program [Transferred] › Section 655:30-1-15 - Disclosure of records [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2485,
				eff 6-25-04; Transferred to 75:20-1-15 by HB 2368 (2008), eff 7-1-08 (Editor's
				Notice published at 25 Ok Reg 2607)
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 35 - Certification Authorities › Subchapter 1 - General Provisions › Section 655:35-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter establishes the procedures used by the Oklahoma
				  Secretary of State to implement the provisions of 12A O.S., §
				  15-121(g)-(h).
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 35 - Certification Authorities › Subchapter 3 - Reciprocity › Section 655:35-3-1 - Reciprocity

Current through Vol. 41, No. 20, July 1, 2024
Any certification authority that is registered in at least
				  one state, U.S. territory, or other foreign jurisdiction may file with the
				  Secretary of State proof of such registration. If the registration is current,
				  then the Secretary of State shall allow the certification authority to operate
				  in this state.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 35 - Certification Authorities › Subchapter 3 - Reciprocity › Section 655:35-3-2 - Lapse of out-of-state license

Current through Vol. 41, No. 20, July 1, 2024
(a) If
				or when the out-of-state registration lapses, the certification authority may
				no longer operate in this state.
(b) If the out-of-state registration is
				reinstated, the certification authority may file proof of reinstatement with
				the Secretary of State, and the certification authority may again operate in
				this state.
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 1 - Organization and Procedures of Securities Commission › Subchapter 1 - General Provisions › Section 660:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The provisions of this Chapter set forth the organization and
				  procedural rules governing the Oklahoma Securities
				  Commission.
Amended at 15 Ok Reg
				  3409, eff 7-15-98
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 1 - Organization and Procedures of Securities Commission › Subchapter 1 - General Provisions › Section 660:1-1-2 - Statutory citations

Current through Vol. 41, No. 20, July 1, 2024
Citations to statutes in this Chapter refer to the most
				  recent codification of Title 71 of the Oklahoma Statutes.
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 1 - Organization and Procedures of Securities Commission › Subchapter 1 - General Provisions › Section 660:1-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
Unless the context clearly indicates otherwise, or unless
				  defined in this Section, terms used in this Chapter, if defined in the Oklahoma
				  Uniform Securities Act of 2004, the Oklahoma Subdivided Land Sales Code, the
				  Oklahoma Business Opportunity Sales Act or the Oklahoma Take-over Disclosure
				  Act of 1985 shall have the meanings set forth in such acts. The following words
				  and terms, when used in this Chapter, shall have the following meaning, unless
				  the context clearly indicates otherwise:
"Administrator"
means the Administrator of the
				  Department of Securities.
"Business Opportunity Act"
means the most recent
				  codification of the Oklahoma Business Opportunity Sales Act in Title 71 of the
				  Oklahoma Statutes.
"Commission"
means the Oklahoma Securities
				  Commission.
"Department"
means the Oklahoma Department of
				  Securities.
"Land Sales Act"
means the most recent
				  codification of the Oklahoma Subdivided Land Sales Code in Title 71 of the
				  Oklahoma Statutes.
"NASD"
means the National Association of
				  Securities Dealers, Inc.
"SEC"
means the United States Securities and
				  Exchange Commission.
"Securities Act"
means the most recent
				  codification of the Oklahoma Uniform Securities Act of 2004 in Title 71 of the
				  Oklahoma Statutes.
"Take-over Act"
means the most recent
				  codification of the Oklahoma Take-over Disclosure Act of 1985 in Title 71 of
				  the Oklahoma Statutes.
Amended at 15 Ok Reg
				  3409, eff 7-15-98; Amended at 21 Ok Reg 2488, eff
				  7-1-04
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 1 - Organization and Procedures of Securities Commission › Subchapter 3 - Organization › Section 660:1-3-1 - Purpose and organization

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Securities Commission shall be the policy making
				  and governing authority of the Department. The organization of the Commission
				  shall be in accordance with the provisions of Section1-601 of the Securities
				  Act.
Amended at 21 Ok Reg
				  2488, eff 7-1-04
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 1 - Organization and Procedures of Securities Commission › Subchapter 3 - Organization › Section 660:1-3-2 - Commission actions

Current through Vol. 41, No. 20, July 1, 2024
(a) All official
				acts of the Commission shall be evidenced by a written record, and all final
				orders, decisions, opinions, rules and other written statements of policy or
				interpretations formulated, adopted or used in the discharge of the function of
				the Commission shall be available for public inspection.
(b) Official action of the Commission shall
				not be bound or be prejudiced by any informal statement made or opinion given
				by the Commission or employees of the Department.
Amended at 9 Ok Reg
				  2989, eff 7-15-92
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 2 - Organization and Procedures of Department of Securities › Subchapter 1 - General Provisions › Section 660:2-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The provisions of this Chapter set forth
				the organization and procedural rules governing the Department of Securities
				and have been adopted for the purpose of complying with 75 O.S., Section 302.
(b) The provisions of this Chapter
				relating to investigations and hearings shall apply to all investigations and
				hearings conducted by the Department in the enforcement of the Business
				Opportunity Act, the Land Sales Act, and the Securities Act.
Amended at 15 Ok Reg
				  3411, eff 7-15-98
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 2 - Organization and Procedures of Department of Securities › Subchapter 1 - General Provisions › Section 660:2-1-2 - Statutory citations

Current through Vol. 41, No. 20, July 1, 2024
Citations to statutes in this Chapter refer to the most
				  recent codification of Title 71 of the Oklahoma Statutes.
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 2 - Organization and Procedures of Department of Securities › Subchapter 1 - General Provisions › Section 660:2-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
Unless the context clearly indicates otherwise, terms used
				  in this Chapter, if defined in the Oklahoma Uniform Securities Act of 2004, the
				  Oklahoma Land Sales Code, or the Oklahoma Business Opportunity Sales Act shall
				  have the meanings set forth in such acts. The following words and terms, when
				  used in this Chapter, shall have the following meaning, unless the context
				  clearly indicates otherwise:
"Administrator"
means the Administrator of the
				  Department.
"Business Opportunity Act"
means the most recent
				  codification of the Oklahoma Business Opportunity Sales Act in Title 71 of the
				  Oklahoma Statutes.
"Commission"
means the Oklahoma Securities
				  Commission.
"Department"
means the Oklahoma Department of
				  Securities.
"Deputy Administrator"
means the Deputy
				  Administrator of the Department.
"Director of Corporate Finance"
means the
				  Department employee who leads the division responsible for the registration of
				  securities, business opportunities, and subdivided lands as well as any
				  exemption from such registration requirements.
"Director of Enforcement"
means the Department
				  employee who leads the division responsible for the investigation and
				  enforcement of persons who violate the Securities Act, the Business Opportunity
				  Act, and the Land Sales Act.
"Director of Professional Registrations and
				  Compliance"
means the Department employee who leads the division
				  responsible for the registration and examination of broker-dealers, agents,
				  investment advisers, and investment adviser representatives.
"Hearing Officer"
means a person who has been
				  duly designated by the Administrator to hold hearings and, as required, render
				  proposed orders.
"Land Sales Act"
means the most recent
				  codification of the Oklahoma Subdivided Land Sales Code in Title 71 of the
				  Oklahoma Statutes.
"Securities Act"
means the most recent
				  codification of the Oklahoma Uniform Securities Act of 2004 in Title 71 of the
				  Oklahoma Statutes.
Added at 15 Ok Reg 3411,
				  eff 7-15-98; Amended at 21 Ok Reg 2489, eff
				  7-1-04
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 2 - Organization and Procedures of Department of Securities › Subchapter 3 - Organization › Section 660:2-3-1 - Organization

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall be organized in
				accordance with Section 1-601 of the Securities Act. It shall be the purpose of
				the Department to implement the policies of the Commission and to enforce the
				Securities Act, the Business Opportunity Act, and the Land Sales Act in an
				efficient and effective manner.
(b)
				The Department shall be organized in the following divisions:
(1) registration of broker-dealers, agents,
				investment advisers, and investment adviser representatives;
(2) registration of securities, business
				opportunities, and subdivided lands;
(3) investigation and enforcement;
				and
(4) investor
				education.
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 2 - Organization and Procedures of Department of Securities › Subchapter 5 - Authority and Actions of Administrator › Section 660:2-5-1 - Official actions

Current through Vol. 41, No. 20, July 1, 2024
(a) All official
				acts of the Administrator shall be evidenced by a written record, and all final
				orders, decisions, opinions, rules and other written statements of policy or
				interpretations formulated, adopted or used in the discharge of the function of
				the Administrator shall be available for public inspection.
(b) Official action of the Administrator
				shall not be bound or be prejudiced by any informal statement made or opinion
				given by the Administrator, Commission, or employees of the Department.
Amended at 9 Ok Reg
				  2991, eff 7-15-92
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 2 - Organization and Procedures of Department of Securities › Subchapter 5 - Authority and Actions of Administrator › Section 660:2-5-2 - Register of actions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 15 Ok Reg
				  3411, eff 7-15-98
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 2 - Organization and Procedures of Department of Securities › Subchapter 5 - Authority and Actions of Administrator › Section 660:2-5-3 - Settlements

Current through Vol. 41, No. 20, July 1, 2024
In order to avoid the expense and time involved in formal
				  legal proceedings, it is the policy of the Administrator to afford persons who
				  have engaged in unlawful acts and practices an opportunity to enter into
				  settlement agreements, when it appears to the Administrator that such procedure
				  fully safeguards the public interest. The Administrator reserves the right in
				  all cases to withhold the privilege of disposition by settlement
				  agreement.
Amended at 15 Ok Reg
				  3411, eff 7-15-98
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 2 - Organization and Procedures of Department of Securities › Subchapter 5 - Authority and Actions of Administrator › Section 660:2-5-4

Current through Vol. 41, No. 20, July 1, 2024
Added at 15 Ok Reg 3411,
				  eff 7-15-98; Amended at 21 Ok Reg 2489, eff
				  7-1-04
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 2 - Organization and Procedures of Department of Securities › Subchapter 7 - Investigations › Section 660:2-7-1 - Initiation

Current through Vol. 41, No. 20, July 1, 2024
Investigations may be initiated upon inquiry, request or
				  complaint by members of the public or by the Administrator or the Commission
				  upon their own motion. The request or complaint by a member of the public
				  should be in writing on the form identified in Chapter 6 of this Title, be
				  signed by the complainant and contain a statement setting forth the acts,
				  activities or matters and the name and address of the party or parties against
				  whom they are complaining. No formal procedures are required in making such
				  requests or complaints. The complainant is not regarded as a party, since the
				  Administrator acts only in the public interest. The Administrator shall not
				  take action when the acts, activities or matters complained of are merely
				  matters of private controversy and do not tend to adversely affect the
				  public.
Amended at 15 Ok Reg
				  3411, eff 7-15-98; Amended at 21 Ok Reg 2489, eff
				  7-1-04
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 2 - Organization and Procedures of Department of Securities › Subchapter 7 - Investigations › Section 660:2-7-2 - Authority [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 15 Ok Reg
				  3411, eff 7-15-98; Revoked at 21 Ok Reg 2489, eff
				  7-1-04
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 2 - Organization and Procedures of Department of Securities › Subchapter 7 - Investigations › Section 660:2-7-3 - Investigative processes

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authority.
Investigations under the statutes administered by the
				Administrator shall be conducted by representatives designated and duly
				authorized for this purpose. Such representatives are authorized to exercise
				and perform the duties of their office in accordance with the statutes of the
				state of Oklahoma and the regulations of the Administrator, including
				administration of oaths and affirmations, in any matter under investigation by
				the Administrator. Nothing in this section shall prohibit the Administrator or
				the Administrator's designee from expanding or restricting the scope of any
				investigation at any time during an investigation.
(b)
Investigative hearings.
Investigative hearings, as distinguished from hearings in individual
				proceedings, may be conducted in the course of any investigation undertaken by
				the Administrator, including inquiries initiated for the purpose of determining
				whether or not a respondent is complying with an order of the Administrator.
				Investigative hearings may be held before the Administrator or the
				Administrator's designee for the purpose of hearing the testimony of witnesses
				and receiving documents and other data relating to any subject under
				investigation. Such hearings shall be non-public.
(c)
Subpoena to testify or produce
				records.
While the Administrator encourages voluntary cooperation in
				investigations, the Administrator or the Administrator's designee, at any stage
				of any investigation, may issue a subpoena ordering the person named therein to
				appear before a designated representative at a designated time and place,
				including the offices of the Department, to testify, to file a sworn statement
				or affidavit, and/or to produce documentary evidence relating to any matter
				under investigation.
(1) Testimony shall only
				be reduced to writing or recorded at the direction of the Department.
(2) Documents required by a
				subpoena shall be produced in the manner, form, and time frame instructed
				therein.
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 2 - Organization and Procedures of Department of Securities › Subchapter 7 - Investigations › Section 660:2-7-4 - Subpoenas [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 15 Ok Reg
				  3411, eff 7-15-98; Revoked at 21 Ok Reg 2489, eff
				  7-1-04
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 2 - Organization and Procedures of Department of Securities › Subchapter 7 - Investigations › Section 660:2-7-5 - Testimony [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 15 Ok Reg
				  3411, eff 7-15-98; Revoked at 21 Ok Reg 2489, eff
				  7-1-04
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 2 - Organization and Procedures of Department of Securities › Subchapter 7 - Investigations › Section 660:2-7-6 - Reports [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 15 Ok Reg
				  3411, eff 7-15-98; Revoked at 21 Ok Reg 2489, eff
				  7-1-04
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 2 - Organization and Procedures of Department of Securities › Subchapter 7 - Investigations › Section 660:2-7-7 - Enforcement of process [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 21 Ok Reg
				  2489, eff 7-1-04
Oklahoma Administrative Code › Title 660 - Department of Securities › Chapter 2 - Organization and Procedures of Department of Securities › Subchapter 7 - Investigations › Section 660:2-7-8 - Right to counsel [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 21 Ok Reg
				  2489, eff 7-1-04