{"data":{"id":"us-ok/okla.-stat.-tit.-68-68-360.5","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 68, § 68-360.5","heading":"Nonresident or foreign nonparticipating manufacturers -","body":"Appointment of agent - Appointment of Secretary of State.\n\nA. Any nonresident or foreign nonparticipating manufacturer\n\nthat has not registered to do business in this state as a foreign\n\ncorporation or business entity shall appoint and continually engage\n\nwithout interruption, as a condition precedent to having its brand\n\nfamilies included or retained in the directory, the services of an\n\nagent in this state to act as agent for the service of process on\n\nwhom all process, and any action or proceeding against it concerning\n\nor arising out of the enforcement of the Master Settlement Agreement\n\nComplementary Act and Sections 600.21 through 600.23 of Title 37 of\n\nthe Oklahoma Statutes, may be served in any manner authorized by\n\nlaw. The service shall constitute legal and valid service of\n\nprocess on the nonparticipating manufacturer. The nonparticipating\n\nmanufacturer shall provide the name, address, phone number, and\n\nproof of the appointment and availability of the agent to perform\n\nthe duties of an agent pursuant to the Master Settlement Agreement\n\nComplementary Act and to the satisfaction of the Oklahoma Tax\n\nCommission and the Attorney General. Any nonparticipating\n\nmanufacturer located outside of the United States shall, as an\n\nadditional condition precedent to having its brand families listed\n\nor retained in the Directory, cause each of its importers into the\n\nUnited States of any of its brand families to be sold in Oklahoma to\n\nappoint and continuously engage without interruption the services of\n\nan agent in the State of Oklahoma in accordance with the provisions\n\nof this act. All obligations of a nonparticipating manufacturer\n\nimposed by this act with respect to appointment of its agent shall\n\nlikewise apply to such importers with respect to appointment of\n\ntheir agents.\n\nB. The nonparticipating manufacturer shall provide notice to\n\nthe Oklahoma Tax Commission and Attorney General thirty (30)\n\ncalendar days prior to termination of the authority of an agent and\n\nshall further provide proof to the satisfaction of the Attorney\n\nGeneral of the appointment of a new agent no less than five (5)\n\ncalendar days prior to the termination of an existing agent\n\nappointment. If an agent terminates an agency appointment, the\n\nnonparticipating manufacturer shall notify the Oklahoma Tax\n\nCommission and Attorney General of the termination within five (5)\n\ncalendar days and shall include proof to the satisfaction of the\n\nAttorney General of the appointment of a new agent.\n\nC. Any nonparticipating manufacturer whose cigarettes are sold\n\nin this state, who has not appointed and engaged an agent as\n\nrequired by this section, shall be deemed to have appointed the\n\nSecretary of State as its agent and may be proceeded against in\n\ncourts of this state by service of process upon the Secretary of\n\nState. However, the appointment of the Secretary of State as the\n\nagent shall not satisfy the condition precedent for having the brand\n\nfamilies of the nonparticipating manufacturer included or retained\n\nin the directory.","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":"f9bf7ea4b61c846c6fa8d5dffe524240a201c880afb340512728f2600c2b7a07","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-68-68-360.4","next":"us-ok/okla.-stat.-tit.-68-68-360.5-1"},"notice":"GroundRules: Original legal text. Not legal advice."}