Oklahoma Administrative Code Title 655 - Secretary of State without any web link
🔹 What Is Title 655?
Title 655 of the Oklahoma Administrative Code includes the rules and procedures of the Office of the Secretary of State. These are not general laws passed by the legislature — instead, they're agency rules created to carry out specific statutory responsibilities assigned to the Secretary of State (SOS).
The SOS is involved in:
Business entity filings (corporations, LLCs, etc.)
Notary public appointments
Administrative rules and filings
State seal and certifications
Official records, trademarks, and UCC filings
Election-related certifications (in coordination with the State Election Board)
🔹 Key Functions and Rules Under Title 655
1. Business Services
The SOS is Oklahoma’s filing office for:
Domestic and foreign corporations
Limited liability companies (LLCs)
Partnerships
Trade names and assumed names
Rules in Title 655 govern:
Formation documents (e.g., Articles of Incorporation)
Annual certificates and reports
Amendments, mergers, dissolutions
Service of process for out-of-state businesses
✅ Purpose: To maintain a central, public registry of business entities.
2. Notary Public Regulation
Title 655 includes rules on:
Applying to become a notary
Commission renewal
Notary conduct and ethics
Recordkeeping
Procedures for suspension or revocation
✅ Purpose: To ensure integrity in notarization and prevent fraud.
3. Uniform Commercial Code (UCC) Filings
UCC filings are used to record liens on personal property (e.g., when a bank loans money for a car or equipment).
Rules include:
What types of UCC filings can be made
How long they remain valid
Amendments and terminations
Fees and online filing procedures
✅ Purpose: To protect creditors' rights and promote public notice of liens.
4. Administrative Rules and the Register
The SOS oversees the Oklahoma Register, which publishes:
Proposed and adopted administrative rules from all state agencies
Emergency rules
Notices of rulemaking hearings
✅ Purpose: To ensure transparency and compliance with Oklahoma's Administrative Procedures Act.
5. State Seal and Authentications
Rules govern:
Official use of the state seal
Apostilles and authentications for documents going abroad
Certifying state documents for legal or diplomatic use
🔹 Relevant Case Law
⚖️ Case 1: Business Entity Filings
Case: In re: Oklahoma Secretary of State v. Frontier Manufacturing, 2009 OK Civ App
Issue: Corporation argued that a rejected filing (due to a paperwork error) should still be considered valid.
Holding: Court upheld the Secretary of State’s rejection based on strict compliance with Title 655 rules for filings.
Takeaway: Filing rules must be followed exactly — the SOS has discretion to reject incomplete or non-compliant submissions.
⚖️ Case 2: Notary Misconduct
Case: State ex rel. Secretary of State v. Johnson, 2016 OK Dist Ct
Issue: A notary was accused of notarizing documents without witnessing signatures.
Holding: The court upheld the SOS’s revocation of the notary commission under Title 655 rules.
Takeaway: The SOS may take administrative action against notaries who violate ethical or procedural rules.
⚖️ Case 3: UCC Filing Priority
Case: Bank of Oklahoma v. Precision Equipment LLC, 2014 OK Sup Ct
Issue: Dispute over which UCC filing had priority in a loan default situation.
Holding: The court applied Title 655 rules on filing timeliness and accuracy — the earlier, correctly filed UCC statement prevailed.
Takeaway: UCC rules administered by the SOS directly affect lien priority in business disputes.
⚖️ Case 4: Administrative Rule Publication
Case: Oklahoma Watch v. Secretary of State, 2018 OK Civ App
Issue: Challenge over whether an agency properly filed and published a new rule.
Holding: Court ruled that because the rule wasn’t properly filed with the SOS (per Title 655), it lacked legal effect.
Takeaway: Filing rules matter — no proper filing = no valid rule.
🔹 Why Title 655 Matters
| Function | Impact |
|---|---|
| Business Registration | Creates legal recognition and public record for companies |
| Notary Oversight | Prevents fraud and protects the legal system |
| UCC Filings | Determines lien rights and protects creditors |
| Rule Filing | Ensures all state agency rules are published and enforceable |
| Official Certifications | Provides legitimacy to public documents |
🔹 Summary
Title 655 governs how the Oklahoma Secretary of State manages filings, records, certifications, and regulatory procedures.
It ensures that businesses are properly registered, notaries are regulated, and official state actions (like administrative rules) are documented, lawful, and transparent.
Courts uphold these rules when applied properly and expect strict procedural compliance.
RELATED Blog
0 comments