{"data":{"id":"us-ok/okla.-stat.-tit.-40-40-600.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 40, § 40-600.4","heading":"Registration – De minimus exemption","body":"A. Registration required. Except as otherwise provided in the\n\nOklahoma Professional Employer Organization Recognition and\n\nRegistration Act, no person shall, unless the person is registered\n\nas a PEO or PEO Group under the Oklahoma Professional Employer\n\nOrganization Recognition and Registration Act, provide, advertise,\n\nor otherwise hold itself out as providing professional employer\n\nservices in this state.\n\nB. Registration information.\n\n1. Each PEO or PEO Group required to be registered under the\n\nOklahoma Professional Employer Organization Recognition and\n\nRegistration Act shall electronically submit a complete registration\n\napplication to the Insurance Commissioner in a manner and form\n\nprescribed by the Commissioner, along with any applicable fees.\n\nPursuant to paragraph 2 of this subsection, a PEO or PEO Group may\n\nuse a qualified assurance organization as approved by the\n\nCommissioner to provide services related to the registration of the\n\nPEO or PEO Group. A PEO or PEO Group may authorize an assurance\n\norganization to act on behalf of the PEO or PEO Group in complying\n\nwith the registration requirements set forth in the Oklahoma\n\nProfessional Employer Organization Recognition and Registration Act,\n\nincluding, but not limited to, electronic filings of information and\n\npayment of registration fees. At a minimum, PEOs, PEO Groups or an\n\napproved assurance organization acting on behalf of the PEO or PEO\n\nGroup, shall provide the following information:\n\na. the name or names under which the PEO or PEO Group\n\nconducts business,\n\nb. the address of the principal place of business of the\n\nPEO or PEO Group and the address of each office it\n\nmaintains in this state,\n\nc. the PEO’s or PEO Group’s taxpayer or employer\n\nidentification number,\n\nd. a list by jurisdiction of each name under which the\n\nPEO or PEO Group has operated in the preceding five\n\n(5) years, including any alternative names, names of\n\npredecessors and, if known, successor business\n\nentities,\n\ne. a statement of ownership, which shall include the name\n\nand evidence of the business experience of any person\n\nthat, individually or acting in concert with one or\n\nmore other persons, owns or controls, directly or\n\nindirectly, twenty-five percent (25%) or more of the\n\nequity interests of the PEO or PEO Group,\n\nf. a statement of management, which shall include the\n\nname and evidence of the business experience of any\n\nperson who serves as president, chief executive\n\nofficer, or otherwise has the authority to act as\n\nsenior executive officer of the PEO or PEO Group, and\n\ng. a financial statement setting forth the financial\n\ncondition of the PEO or PEO Group, as of a date not\n\nearlier than three hundred sixty-five (365) days prior\n\nto the date submitted to the Commissioner, prepared in\n\naccordance with generally accepted accounting\n\nprinciples, and audited or reviewed by an independent\n\ncertified public accountant licensed to practice in\n\nthe jurisdiction in which such accountant is located.\n\nA PEO Group may submit combined or consolidated\n\naudited or reviewed financial statements to meet the\n\nrequirements of this section.\n\n2. The financial statement required by subparagraph g of\n\nparagraph 1 of this subsection may be dated as of a date that is not\n\nearlier than three hundred sixty-five (365) days before the date on\n\nwhich the application is submitted in the event the PEO or PEO Group\n\nprovides the following:\n\na. evidence that is acceptable to the Commissioner that\n\nit is licensed or registered in good standing in\n\nanother state with equal or greater requirements than\n\nthe requirements of the Oklahoma Professional Employer\n\nOrganization Recognition and Registration Act,\n\nb. quarterly financial statements of management for each\n\ncalendar quarter as of the most recent audit that\n\ndemonstrate continuing financial operations acceptable\n\nto the Commissioner, and\n\nc. the certification of an independent Certified Public\ner state with equal or greater requirements than\n\nthe requirements of the Oklahoma Professional Employer\n\nOrganization Recognition and Registration Act,\n\nb. quarterly financial statements of management for each\n\ncalendar quarter as of the most recent audit that\n\ndemonstrate continuing financial operations acceptable\n\nto the Commissioner, and\n\nc. the certification of an independent Certified Public\n\nAccountant that as of the end of the most recent\n\ncalendar quarter, the PEO or PEO Group has paid all of\n\nits state and federal payroll taxes, health and\n\nworkers’ compensation premiums, and contributions to\n\nemployee retirement plans in a timely and appropriate\n\nmanner.\n\n3. For purposes of the Oklahoma Professional Employer\n\nOrganization Recognition and Registration Act, “assurance\n\norganization” means an independent entity approved by the\n\nCommissioner to certify the qualifications of a PEO or PEO Group for\n\nregistration under this section and Section 600.6 of this title and\n\nany related requirements and procedures. To be considered for\n\napproval as an independent and qualified assurance organization, the\n\nassurance organization shall submit a written request for approval\n\nto the Commissioner. The written request shall include, but not be\n\nlimited to, the following:\n\na. evidence that the assurance organization is\n\nindependent and has an established national program\n\nfor the accreditation and financial assurance of PEOs\n\nand PEO Groups based on requirements similar to the\n\nrequirements of the Oklahoma Professional Employer\n\nOrganization Recognition and Registration Act, and any\n\nrules promulgated for the implementation of the\n\nOklahoma Professional Employer Organization\n\nRecognition and Registration Act,\n\nb. evidence that the assurance organization has\n\ndocumented qualifications, standards, procedures, and\n\nfinancial assurance acceptable to the Commissioner and\n\nis licensed or otherwise approved by one or more\n\nstates to certify the qualifications of PEOs or PEO\n\nGroups,\n\nc. an agreement to provide information, compliance\n\nmonitoring services, and a level of financial\n\nassurance as deemed acceptable by the Commissioner,\n\nd. an agreement to provide the Commissioner with an\n\napplication that has been executed by each PEO or PEO\n\nGroup requesting alternative registration under this\n\nsection and Section 600.6 of this title and related\n\nrequirements and procedures in a form approved by the\n\nCommissioner. The application shall:\n\n(1) authorize the assurance organization to share\n\nwith the Commissioner any application and\n\ncompliance reporting information required under\n\nthe Oklahoma Professional Employer Organization\n\nRecognition and Registration Act that has been\n\nprovided to the assurance organization by the PEO\n\nor PEO Group,\n\n(2) authorize the Commissioner to accept information\n\nshared by the assurance organization for\n\nregistration or renewal of registration of the\n\nPEO or PEO Group as if the information was\n\nprovided directly to the Commissioner by the PEO\n\nor PEO Group,\n\n(3) provide the certification of the PEO or PEO Group\n\nthat the information provided by the assurance\n\norganization to the Commissioner is true and\n\ncomplete and that the PEO or PEO Group is in full\n\nand complete compliance with all requirements of\n\nthe Oklahoma Professional Employer Organization\n\nRecognition and Registration Act, and\nrovided directly to the Commissioner by the PEO\n\nor PEO Group,\n\n(3) provide the certification of the PEO or PEO Group\n\nthat the information provided by the assurance\n\norganization to the Commissioner is true and\n\ncomplete and that the PEO or PEO Group is in full\n\nand complete compliance with all requirements of\n\nthe Oklahoma Professional Employer Organization\n\nRecognition and Registration Act, and\n\n(4) provide the certification of the assurance\n\norganization that the PEO or PEO Group is in\n\ncompliance with the standards and procedures of\n\nthe assurance organization which are similar to\n\nthe requirements of the Oklahoma Professional\n\nEmployer Organization Recognition and\n\nRegistration Act and is qualified for\n\nregistration or renewal of registration under the\n\nOklahoma Professional Employer Organization\n\nRecognition and Registration Act,\n\ne. an agreement to provide written notice to the\n\nCommissioner within two (2) business days of\n\ndetermination by the assurance organization of the\n\nfailure of a PEO or PEO Group to meet the\n\nqualifications for registration under the Oklahoma\n\nProfessional Employer Organization Recognition and\n\nRegistration Act or determination by the assurance\n\norganization of the failure of the PEO or PEO Group to\n\nmeet the qualifications for accreditation or\n\ncertification by the assurance organization, and\n\nf. an agreement to share with the Commissioner in a\n\ntimely manner the information and supporting\n\ndocumentation provided to the assurance organization\n\nby the PEO or PEO Group similar to the information and\n\ndocumentation required for registration or renewal of\n\nregistration under the Oklahoma Professional Employer\n\nOrganization Recognition and Registration Act.\n\n4. Each person, PEO, or PEO Group shall electronically submit,\n\nin a form and manner prescribed by the Commissioner, along with any\n\napplicable fees, any change of legal business name, “doing business\n\nas” or assumed name, address, or contact email address within thirty\n\n(30) days after the change occurred. Any submission of a change of\n\nlegal name, “doing business as” or assumed name, address, or contact\n\nemail address received more than thirty (30) days after the change\n\noccurred shall be accompanied by a fee of Fifty Dollars ($50.00).\n\nC. Renewal. 1. A registration expires one (1) year following\n\nthe registration unless it is renewed pursuant to this subsection.\n\nBefore expiration of the registration, a registrant may renew the\n\nregistration for an additional one-year term if the registrant:\n\na. remains in good standing and otherwise is entitled to\n\nbe registered pursuant to the Oklahoma Professional\n\nEmployer Organization Recognition and Registration\n\nAct,\n\nb. files with the Commissioner a renewal application on a\n\nform prescribed by the Commissioner, and\n\nc. pays to the Commissioner a renewal fee as provided for\n\nin Section 600.5 of this title.\n\n2. A registration expired for failure to submit a renewal\n\napplication may be reinstated within ninety (90) days after the\n\nexpiration date by electronically submitting a fee in an amount that\n\nis twice the amount of the renewal fee and a renewal application in\n\nthe form and manner prescribed by the Insurance Commissioner, along\n\nwith any transaction or other applicable fees. The Commissioner\n\nshall require a person, PEO, or PEO Group whose registration has\n\nbeen expired for more than ninety (90) days to reapply as if a new\n\napplicant and pay an application fee equal to an amount that is\n\ntwice the initial application fee in addition to any fines imposed.\n\nAll applications received after the registration has been expired\n\nfor more than ninety (90) days shall include a detailed report of\n\nprofessional employer services provided in this state during the\n\nperiod of expired registration.\n\nD. Group registration. Any two or more PEOs held under common\n\ncontrol of any other person or persons acting in concert may be\nn fee in addition to any fines imposed.\n\nAll applications received after the registration has been expired\n\nfor more than ninety (90) days shall include a detailed report of\n\nprofessional employer services provided in this state during the\n\nperiod of expired registration.\n\nD. Group registration. Any two or more PEOs held under common\n\ncontrol of any other person or persons acting in concert may be\n\nregistered as a PEO Group. A PEO Group may satisfy any reporting\n\nand financial requirements of this registration law on a\n\nconsolidated basis.\n\nE. Electronic filing and compliance. A PEO, PEO Group or an\n\napproved independent and qualified assurance organization as\n\nprovided for in subsection B of this section may electronically\n\nsubmit filings in conformance with Sections 15-101 through 15-121 of\n\nTitle 12A of the Oklahoma Statutes. Electronically submitted\n\nfilings include, but are not limited to, applications, documents,\n\nreports, and other filings required under the Oklahoma Uniform\n\nElectronic Transactions Act.\n\nF. De minimis exemption.\n\n1. A PEO is exempt from the registration requirements payable\n\nunder the Oklahoma Professional Employer Organization Recognition\n\nand Registration Act if such PEO:\n\na. submits a properly executed request for exemption on a\n\nform provided by the Department,\n\nb. is domiciled outside this state and is licensed or\n\nregistered as a professional employer organization in\n\nanother state that has the same or greater\n\nrequirements as the Oklahoma Professional Employer\n\nOrganization Recognition and Registration Act,\n\nc. does not maintain an office in this state or solicit\n\nin any manner clients located or domiciled within this\n\nstate, and\n\nd. does not have more than twenty-five covered employees\n\nemployed or domiciled in this state.\n\n2. An exemption of a professional employer organization from\n\nthe registration requirements under the Oklahoma Professional\n\nEmployer Organization Recognition and Registration Act shall be\n\nvalid for one (1) year, subject to renewal.\n\nG. List. The Commissioner shall maintain a list of\n\nprofessional employer organizations registered or exempted under the\n\nOklahoma Professional Employer Organization Recognition and\n\nRegistration Act and a list of approved assurance organizations.\n\nH. Forms. The Commissioner may prescribe forms necessary to\n\npromote the efficient administration of this section.\n\nI. The Commissioner is authorized to promulgate reasonable\n\nrules necessary for the administration and implementation of this\n\nsection.\n\nJ. Every person, PEO, or PEO Group, upon receipt of any inquiry\n\nfrom the Commissioner, shall, within twenty (20) days from the date\n\nof receipt of the inquiry, furnish the Commissioner with an adequate\n\nresponse to the inquiry.\n\nK. The Commissioner may reject an application for registration,\n\nrenewal of registration, or for an exemption from registration if\n\nthe Commissioner finds that:\n\n1. The application is not fully completed or properly executed;\n\n2. Documents required to supplement the application are not\n\nincluded in the application packet or are inadequate;\n\n3. The registration fee is not submitted with the application;\n\n4. The applicant or any person named in the application\n\nmisrepresents material in the application;\n\n5. The applicant, or any of its officers, is determined by the\n\nCommissioner to lack good moral character, business integrity, or\n\nfinancial responsibility; or\n\n6. The controlling person has violated a provision of the\n\nOklahoma Professional Employer Organization Recognition and\n\nRegistration Act or rules promulgated thereto.","path":["OK Code","Title 40"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os40.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1d38dea7de086dd17983e5207e6b00ae3d6e462fe8d0d44e8a2d90004945519b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-40-40-600.3","next":"us-ok/okla.-stat.-tit.-40-40-600.5"},"notice":"GroundRules: Original legal text. Not legal advice."}