Oklahoma § 71-204 - Repealed by Laws 2003, c. 347, § 53, eff. July 1, 2004
Full text of Oklahoma Oklahoma Statutes § 71-204 — Repealed by Laws 2003, c. 347, § 53, eff. July 1, 2004, with citation guidance and answers to common questions.
§ 71-204. Repealed by Laws 2003, c. 347, § 53, eff. July 1, 2004
NOTE: Prior to repeal, this section was amended to read as follows:
(a) The Administrator may issue a final order denying
effectiveness to, or suspending or revoking the effectiveness of,
any registration, or condition or limit registration of an applicant
or registrant, or impose any sanction authorized by Section 406 of
this title if the Administrator finds that the order is in the
public interest and that the applicant or registrant or, in the case
of a broker-dealer or investment adviser, any partner, officer, or
director, any person occupying a similar status or performing
similar functions, or any person directly or indirectly controlling
the broker-dealer or investment adviser:
(1) has filed an application for registration which as of its
effective date, or as of any date after filing in the case of an
order denying effectiveness, was incomplete in any material respect
or contained any statement which was, in light of the circumstances
under which it was made, false or misleading with respect to any
material fact;
(2) has willfully violated or willfully failed to comply with
any provision of the Oklahoma Securities Act or a predecessor act or
any rule or order under this act or a predecessor act;
Oklahoma Statutes - Title 71. Securities
(3) has been convicted, within the past ten (10) years, of any
misdemeanor involving a security or any aspect of the securities
business, or any felony;
(4) is permanently or temporarily enjoined by any court of
competent jurisdiction from engaging in or continuing any conduct or
practice involving any aspect of the securities business;
(5) is the subject of an order of the Administrator denying,
suspending, or revoking registration as a broker-dealer, agent,
investment adviser, or investment adviser representative or is the
subject of an order of the Administrator issued pursuant to Section
406 of this title;
(6) is the subject of an order or other adjudication or
determination entered within the past five (5) years by the
securities administrator of any other state or by the United States
Securities and Exchange Commission or by any other governmental
securities agency denying, suspending or revoking registration as a
broker-dealer, agent, investment adviser or investment adviser
representative or the substantial equivalent of those terms as
defined in the Oklahoma Securities Act, or is the subject of an
order or other adjudication or determination entered within the past
five (5) years by the securities administrator of any other state or
by the United States Securities and Exchange Commission or by any
other governmental securities agency barring the person from
association with any other broker-dealer or investment adviser, or
is the subject of an order suspending or expelling the person from a
national or international securities exchange or national or
international securities association, or is the subject of an order
or other adjudication or determination of or by the National
Association of Securities Dealers, Inc., or any other selfregulatory organization, suspending, canceling, revoking, or barring
the person from membership in said organization or barring the
person from association with any other member of said organization,
or is the subject of a United States Post Office fraud order; but:
(A) the Administrator may not institute a revocation or
suspension proceeding under this subsection more than
one (1) year from the date of the order relied on; and
(B) may not enter an order under this subsection on the
basis of an order under another state act unless that
order was based on facts which, but for the situs
would currently constitute a ground for an order under
this section;
(7) is the subject of a cease and desist order entered after
notice and opportunity for hearing by the Administrator, the
securities agency or administrator of another state, the United
States Securities and Exchange Commission or the Commodity Futures
Trading Commission;
Oklahoma Statutes - Title 71. Securities
(8) has engaged in dishonest or unethical practices in the
securities business;
(9) is insolvent, either in the sense that liabilities exceed
assets or in the sense that the person cannot meet obligations as
they mature; but the Administrator may not enter an order against a
broker-dealer or investment adviser under this paragraph without a
finding of insolvency as to the broker-dealer or investment adviser;
(10) is not qualified on the basis of such factors as training,
experience and knowledge of the securities business, except as
otherwise provided in subsection (c) of this section; or
(11) has willfully violated any rule of a national or
international securities exchange or a national or international
securities association with respect to any customer or transaction
in this state;
(12) has failed to exercise reasonable supervision of its
agents if a broker-dealer or a designated principal, or of its
investment adviser representatives if an investment adviser to
ensure compliance with the Oklahoma Securities Act;
(13) has failed to pay the proper filing fee; but the
Administrator may enter only a denial order under this paragraph,
and shall vacate any such order when the deficiency has been
corrected; or
(14) refuses to allow or otherwise impedes the Administrator
from conducting an examination under subsection (d) of Section 203
of this title, refuses access to any registrant’s office to conduct
such examination, or refuses to provide copies of the records
referred to in subsection (a) of Section 203 of this title.
(b) The Administrator may not institute a suspension or
revocation proceeding based solely on material facts actually known
by the Administrator unless an investigation or proceeding is
instituted within one (1) year after the Administrator actually knew
the material facts.
(c) The Administrator's determination that an applicant or
registrant lacks qualification under paragraph (10) of subsection
(a) of this section is limited by the following provisions:
(1) The Administrator may not enter an order against a brokerdealer on the basis of the lack of qualification of any person other
than the broker-dealer if the broker-dealer is an individual; or an
agent of the broker-dealer.
(2) The Administrator may not enter an order against an
investment adviser on the basis of the lack of qualification of any
person other than the investment adviser if the investment adviser
is an individual or an investment adviser representative of the
investment adviser.
(3) The Administrator may not enter an order solely on the
basis of lack of experience if the applicant or registrant is
qualified by training or knowledge or both.
Oklahoma Statutes - Title 71. Securities
(4) The Administrator shall consider that an agent who will
work under the supervision of a registered broker-dealer need not
have the same qualifications as a broker-dealer.
(5) The Administrator shall consider that an investment adviser
is not necessarily qualified solely on the basis of experience as a
broker-dealer or agent.
(6) The Administrator may by rule provide for an examination,
which may be written or oral or both, to be taken by any class of or
all applicants.
(d) (1) If the Administrator makes written findings of fact to
support the conclusion that the public interest will be harmed by
delay in issuing an order pursuant to subsection (a) of this
section, the Administrator may by order summarily postpone or
suspend registration pending final determination of any proceeding
under this section.
(2) Upon the entry of the summary order, the Administrator
shall promptly notify the applicant or registrant, as well as the
employer or prospective employer if the applicant or registrant is
an agent or investment adviser representative:
(A) that the summary order has been entered and the
reasons therefor;
(B) that the person subject to the summary order, if
desiring a hearing, must make written request for a
hearing to the Administrator within fifteen (15) days
after service of the notice is effective;
(C) that within fifteen (15) days after receipt by the
Administrator of a written request the matter will be
set for hearing to determine whether the summary order
should be modified, vacated or extended pending final
determination of any proceeding under subsection (a)
of this section; and
(D) that a hearing shall be commenced within fifteen (15)
days of the matter being set for hearing.
(3) The summary order shall remain in effect until the
conclusion of the hearing on the summary order unless the
Administrator or the Administrator’s designee extends the summary
order pending a final determination of any proceeding under
subsection (a) of this section. If no hearing is requested within
thirty (30) days after service of the summary order and none is
ordered by the Administrator, the summary order becomes final by
operation of law. If a request for hearing on the summary order is
timely made and if the hearing is not commenced by the Administrator
within the time limit set forth herein, the summary order shall
dissolve and a final order shall not be issued pursuant to
subsection (a) of this section except upon reasonable notice and
opportunity for a hearing.
Oklahoma Statutes - Title 71. Securities
(e) If the Administrator finds that any registrant or applicant
for registration is no longer in existence or has ceased to do
business as a broker-dealer, agent, investment adviser or investment
adviser representative, or is subject to an adjudication of mental
incompetence or to the control of a committee, conservator, or
guardian, or cannot be located after reasonable search, the
Administrator may by order cancel the registration or application.
(f) Withdrawal from registration as a broker-dealer, agent,
investment adviser or investment adviser representative becomes
effective sixty (60) days after receipt of an application to
withdraw or within such shorter period of time as the Administrator
may determine, unless a revocation or suspension proceeding is
pending when the application is filed or a proceeding to revoke or
suspend or to impose conditions upon the withdrawal is instituted
within sixty (60) days after the application is filed. If a
proceeding is pending or instituted, withdrawal becomes effective at
such time and upon such conditions as the Administrator by order
determines. If no proceeding is pending or instituted and
withdrawal automatically becomes effective, the Administrator may
nevertheless institute a proceeding under paragraph (2) of
subsection (a) of this section within one (1) year after withdrawal
became effective and enter an order as of the last date on which
registration was effective.
(g) Except as provided in paragraph (1) of subsection (d) of
this section or unless the right to notice and hearing is waived by
the person against whom the final order is to be issued, no order
may be issued under this section without notice and opportunity for
hearing as required by the Administrative Procedures Act. If the
person to whom such notice is addressed does not request a hearing
within fifteen (15) days after the service of said notice is
effective, a final order as provided in subsection (a) of this
section may be issued.
Added by Laws 1959, p. 332, § 204, eff. July 1, 1959. Amended by
Laws 1963, c. 280, § 1, emerg. eff. June 18, 1963; Laws 1985, c.
287, § 3, emerg. eff. July 23, 1985; Laws 1988, c. 108, § 11, eff.
Nov. 1, 1988; Laws 1990, c. 71, § 2, eff. Sept. 1, 1990; Laws 1992,
c. 241, § 10, eff. July 1, 1992; Laws 1995, c. 196, § 7, eff. July
1, 1995; Laws 1997, c. 279, § 7, eff. July 1, 1997; Laws 1998, c.
152, § 5, eff. July 1, 1998; Laws 1999, c. 109, § 2, eff. July 1,
1999; Laws 2003, c. 493, § 3, eff. Nov. 1, 2003.
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 71-204
What does Oklahoma Statutes § 71-204 cover?
Section 71-204 ("Repealed by Laws 2003, c. 347, § 53, eff. July 1, 2004") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 71-204?
A common citation format is "Oklahoma Statutes § 71-204" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 71-204 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.