{"data":{"id":"us-ok/okla.-stat.-tit.-68-68-1212","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 68, § 68-1212","heading":"Penalties - Uniform procedure - Operation without license","body":"- Suspension and forfeiture.\n\nA. If the report required pursuant to the provisions of Section\n\n1210 of this title is not filed and the tax levied pursuant to the\n\nprovisions of Section 1203, 1204 or 1205 of this title is not paid\n\nwithin the time provided under subsection C of Section 1208 of this\n\ntitle, the Oklahoma Tax Commission shall levy and collect a penalty\n\nfor such delinquency in the amount of ten percent (10%) of the tax\n\ndue. Such penalty shall be collected and apportioned in the same\n\nmanner as is the tax itself. In such event, or if a form is not\n\nfiled, as required by subsection D of Section 1210 of this title by\n\na corporation, association or organization exempt from the tax\n\npursuant to subsection B of Section 1205 of this title, the Tax\n\nCommission may enter an order directing the suspension of the\n\ncharter or other instrument of organization, under which the\n\ncorporation, association or organization may be organized, and the\n\nforfeiture of all corporate or other rights inuring thereunder.\n\nHowever, no such order of the Tax Commission shall be issued nor\n\neffective as to any corporation, association or organization the\n\ncharter or certificate of authority of which is issued by the State\n\nBanking Board or State Banking Commissioner rather than the\n\nSecretary of State and the Tax Commission shall only notify the\n\nregistered agents or managing officer of the corporation,\n\nassociation, or organization and shall notify the State Banking\n\nBoard or State Banking Commissioner of the amount of unpaid tax.\n\nThe Commissioner shall require the payment of such tax, plus\n\ninterest and penalty, if any, within a reasonable time.\n\nB. Any person who attempts or purports to exercise any of the\n\nrights, privileges or powers of any such domestic corporation,\n\nassociation or organization, or who does or attempts to do any\n\nbusiness in the state in behalf of any such foreign corporation,\n\nassociation or organization, without having first obtained a license\n\ntherefor, as provided herein, or after any such license so obtained\n\nshall have been canceled, forfeited, or expired, shall be guilty of\n\na misdemeanor.\n\nC. Each trustee, director or officer of any such corporation,\n\nassociation or organization, whose right to do business within this\n\nstate shall be so forfeited, shall, as to any and all debts of such\n\ncorporation, association or organization, which may be created or\n\nincurred with his or her knowledge, approval and consent, within\n\nthis state after such forfeiture and before the reinstatement of the\n\nright of such corporation to do business, be deemed and held liable\n\nthereon in the same manner and to the same extent as if such\n\ntrustees, directors, and officers of such corporation, association\n\nor organization were partners. Any corporation, association or\n\norganization whose right to do business shall be thus forfeited\n\nshall be denied the right to sue or defend in any court of this\n\nstate, except in a suit to forfeit the charter of such corporation,\n\nassociation or organization. In any suit against such corporation,\n\nassociation or organization on a cause of action arising before such\n\nforfeiture, no affirmative relief shall be granted to such\n\ncorporation, association or organization unless its right to do\n\nbusiness in this state shall be reinstated as provided herein.\n\nEvery contract entered into by or in behalf of such corporation,\n\nassociation or organization, after such forfeiture as provided\n\nherein, is hereby declared to be voidable.\n\nD. Notice of such suspension and forfeiture shall be forwarded\n\nby certified mail, return receipt requested, to the last-known\n\naddress of the registered agent or managing officer of each\n\ncorporation, association or organization, and the Tax Commission may\n\ncause notice of such suspension and forfeiture to be published in a\n\nnewspaper of general circulation in the county in which the general\nle.\n\nD. Notice of such suspension and forfeiture shall be forwarded\n\nby certified mail, return receipt requested, to the last-known\n\naddress of the registered agent or managing officer of each\n\ncorporation, association or organization, and the Tax Commission may\n\ncause notice of such suspension and forfeiture to be published in a\n\nnewspaper of general circulation in the county in which the general\n\nbusiness office of each such corporation, association or\n\norganization is located in this state.\n\nE. The Tax Commission, shall immediately upon entering an order\n\nsuspending and forfeiting any such charter or other instrument of\n\norganization, transmit the name of each such corporation,\n\nassociation or organization named therein to the Secretary of State\n\nor the county clerk of the county in which the instrument under\n\nwhich it may be organized is filed, and the Secretary of State or\n\ncounty clerk, as the case may be, shall immediately record the same\n\nand such record shall constitute notice to the public. The\n\nsuspension and forfeiture herein provided for shall become effective\n\nimmediately upon such record being made and the certificate of the\n\nSecretary of State or the county clerk shall be prima facie evidence\n\nof such suspension and forfeiture.\n\nF. After the issuance of such order of suspension and\n\nforfeiture by the Tax Commission, the charter or other instrument of\n\norganization may only be revived and reinstated upon the payment of\n\nthe accrued fees and penalties and a reinstatement fee in the amount\n\nof One Hundred Fifty Dollars ($150.00), and a showing by the\n\ncorporation, association or organization of a full compliance with\n\nthe laws of this state. Such payment of accrued fees and penalties\n\nmust be made prior to the expiration of the time provided in such\n\ncharter or other instrument of organization for the life of such\n\ncorporation, association or organization.","path":["OK Code","Title 68"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os68.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"72ac08e069695d4209ba4d688ecb6e48fa6fa771ab0a757080a9da234795f03f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-68-68-1211","next":"us-ok/okla.-stat.-tit.-68-68-1212.1"},"notice":"GroundRules: Original legal text. Not legal advice."}
