Oklahoma § 68-1212 - Penalties - Uniform procedure - Operation without license

§ 68-1212. Penalties - Uniform procedure - Operation without license

- Suspension and forfeiture.

A. If the report required pursuant to the provisions of Section

1210 of this title is not filed and the tax levied pursuant to the

provisions of Section 1203, 1204 or 1205 of this title is not paid

within the time provided under subsection C of Section 1208 of this

title, the Oklahoma Tax Commission shall levy and collect a penalty

for such delinquency in the amount of ten percent (10%) of the tax

due. Such penalty shall be collected and apportioned in the same

manner as is the tax itself. In such event, or if a form is not

filed, as required by subsection D of Section 1210 of this title by

a corporation, association or organization exempt from the tax

pursuant to subsection B of Section 1205 of this title, the Tax

Commission may enter an order directing the suspension of the

charter or other instrument of organization, under which the

corporation, association or organization may be organized, and the

forfeiture of all corporate or other rights inuring thereunder.

However, no such order of the Tax Commission shall be issued nor

effective as to any corporation, association or organization the

charter or certificate of authority of which is issued by the State

Banking Board or State Banking Commissioner rather than the

Secretary of State and the Tax Commission shall only notify the

registered agents or managing officer of the corporation,

association, or organization and shall notify the State Banking

Board or State Banking Commissioner of the amount of unpaid tax.

Oklahoma Statutes - Title 68. Revenue and Taxation

The Commissioner shall require the payment of such tax, plus

interest and penalty, if any, within a reasonable time.

B. Any person who attempts or purports to exercise any of the

rights, privileges or powers of any such domestic corporation,

association or organization, or who does or attempts to do any

business in the state in behalf of any such foreign corporation,

association or organization, without having first obtained a license

therefor, as provided herein, or after any such license so obtained

shall have been canceled, forfeited, or expired, shall be guilty of

a misdemeanor.

C. Each trustee, director or officer of any such corporation,

association or organization, whose right to do business within this

state shall be so forfeited, shall, as to any and all debts of such

corporation, association or organization, which may be created or

incurred with his or her knowledge, approval and consent, within

this state after such forfeiture and before the reinstatement of the

right of such corporation to do business, be deemed and held liable

thereon in the same manner and to the same extent as if such

trustees, directors, and officers of such corporation, association

or organization were partners. Any corporation, association or

organization whose right to do business shall be thus forfeited

shall be denied the right to sue or defend in any court of this

state, except in a suit to forfeit the charter of such corporation,

association or organization. In any suit against such corporation,

association or organization on a cause of action arising before such

forfeiture, no affirmative relief shall be granted to such

corporation, association or organization unless its right to do

business in this state shall be reinstated as provided herein.

Every contract entered into by or in behalf of such corporation,

association or organization, after such forfeiture as provided

herein, is hereby declared to be voidable.

D. Notice of such suspension and forfeiture shall be forwarded

by certified mail, return receipt requested, to the last-known

address of the registered agent or managing officer of each

corporation, association or organization, and the Tax Commission may

cause notice of such suspension and forfeiture to be published in a

newspaper of general circulation in the county in which the general

business office of each such corporation, association or

organization is located in this state.

E. The Tax Commission, shall immediately upon entering an order

suspending and forfeiting any such charter or other instrument of

organization, transmit the name of each such corporation,

association or organization named therein to the Secretary of State

or the county clerk of the county in which the instrument under

which it may be organized is filed, and the Secretary of State or

county clerk, as the case may be, shall immediately record the same

and such record shall constitute notice to the public. The

Oklahoma Statutes - Title 68. Revenue and Taxation

suspension and forfeiture herein provided for shall become effective

immediately upon such record being made and the certificate of the

Secretary of State or the county clerk shall be prima facie evidence

of such suspension and forfeiture.

F. After the issuance of such order of suspension and

forfeiture by the Tax Commission, the charter or other instrument of

organization may only be revived and reinstated upon the payment of

the accrued fees and penalties and a reinstatement fee in the amount

of One Hundred Fifty Dollars ($150.00), and a showing by the

corporation, association or organization of a full compliance with

the laws of this state. Such payment of accrued fees and penalties

must be made prior to the expiration of the time provided in such

charter or other instrument of organization for the life of such

corporation, association or organization.

Added by Laws 1963, c. 366, § 2, eff. July 1, 1963. Renumbered from

§ 12-1212 of this title by Laws 1965, c. 215, § 2. Amended by Laws

1985, c. 182, § 8, emerg. eff. June 20, 1985; Laws 1985, c. 356, §

12, emerg. eff. July 30, 1985; Laws 1991, c. 342, § 12, emerg. eff.

June 15, 1991; Laws 2005, c. 388, § 3, eff. July 1, 2006; Laws 2017,

c. 236, § 1, eff. July 1, 2017.