{"data":{"id":"us-ok/okla.-stat.-tit.-71-71-818","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 71, § 71-818","heading":"Application of act - Offer to sell, communication thereof","body":"and acceptance - Service of process and agent therefor.\n\nA. The provisions of the Oklahoma Business Opportunity Sales\n\nAct concerning sales and offers to sell apply to persons who sell or\n\noffer to sell when:\n\n1. An offer to sell is made in this state;\n\n2. An offer to purchase is made and accepted in this state; or\n\n3. The purchaser is domiciled in this state and the business\n\nopportunity is or will be operated in this state.\n\nB. For the purpose of this section, an offer to sell is made in\n\nthis state, whether or not either party is then present in this\n\nstate, when:\n\n1. The offer originates from this state; or\n\n2. The offer is directed by the offeror to this state and\n\nreceived at the place to which it is directed or at any post office\n\nin this state in the case of a mailed offer.\n\nC. For the purpose of this section, an offer to sell is\n\naccepted in this state when acceptance:\n\n1. Is communicated to the offeror in this state; and\n\n2. Has not previously been communicated to the offeror, orally\n\nor in writing, outside this state; and acceptance is communicated to\n\nthe offeror in this state, whether or not either party is then\n\npresent in this state when the offeree directs it to the offeror in\n\nthis state reasonably believing the offeror to be in this state and\n\nit is received at the place to which it is directed or at any post\n\noffice in this state in the case of a mailed acceptance.\n\nD. An offer to sell is not made in this state when:\n\n1. The publisher circulates or there is circulated on his or\n\nher behalf in this state any bona fide newspaper or other\n\npublication of general, regular and paid circulation which is not\n\npublished in this state, or which is published in this state but has\n\nhad more than two-thirds (2/3) of its circulation outside this state\n\nduring the past twelve (12) months; or\n\n2. A radio or television program originating outside this state\n\nis received in this state.\n\nE. Every seller shall file with the Administrator, in such form\n\nas the Administrator may prescribe, an irrevocable consent\n\nappointing the Administrator or the Administrator’s successor in\n\noffice to be the seller’s agent to receive service of any lawful\n\nprocess in any noncriminal suit, action, or proceeding against the\n\nseller or the seller’s successor, executor, or administrator that\n\narises under the Oklahoma Business Opportunity Sales Act or any rule\n\nor order hereunder after the consent has been filed, with the same\n\nforce and validity as if served personally on the person filing the\n\nconsent. Service on the Administrator may be made by leaving a copy\n\nof the process in the office of the Administrator, but is not\n\neffective unless:\n\n1. The plaintiff, who may be the Administrator, in a suit,\n\naction, or proceeding instituted by the plaintiff, promptly sends\n\nnotice of the service and a copy of the process by certified mail,\n\nreturn receipt requested and delivery restricted to the addressee,\n\nto the defendant or respondent at the defendant’s or respondent’s\n\nlast address on file with the Administrator; and\n\n2. The plaintiff’s affidavit of compliance with this subsection\n\nis filed in the suit, action or proceeding on or before the return\n\ndate of the process, if any, or within such further time as the\n\ncourt, or the Administrator in a proceeding before the\n\nAdministrator, allows.\n\nF. When any person, including any nonresident of this state,\n\nengages in conduct prohibited or made actionable by the Oklahoma\n\nBusiness Opportunity Sales Act or any rule or order hereunder, and\n\nthe person has not filed a consent to service of process under\n\nsubsection E of this section, that conduct shall be considered\n\nequivalent to the person's appointment of the Administrator or the\n\nAdministrator's successor in office to be the person's agent to\n\nreceive service of any lawful process in any noncriminal suit,\n\naction or proceeding against the person or the person's successor,\ner, and\n\nthe person has not filed a consent to service of process under\n\nsubsection E of this section, that conduct shall be considered\n\nequivalent to the person's appointment of the Administrator or the\n\nAdministrator's successor in office to be the person's agent to\n\nreceive service of any lawful process in any noncriminal suit,\n\naction or proceeding against the person or the person's successor,\n\nexecutor or administrator which grows out of that conduct and that\n\nis brought pursuant to the Oklahoma Business Opportunity Sales Act\n\nor any rule or order hereunder with the same force and validity as\n\nif served on the person personally. Service on the Administrator\n\nmay be made by leaving a copy of the process in the office of the\n\nAdministrator, and it is not effective unless:\n\n1. The plaintiff, who may be the Administrator in a suit,\n\naction or proceeding instituted by the Administrator, promptly sends\n\nnotice of the service and a copy of the process by certified mail,\n\nreturn receipt requested and delivery restricted to the addressee,\n\nto the defendant or respondent at the defendant's or respondent's\n\nlast-known address or takes other steps that are reasonably\n\ncalculated to give actual notice; and\n\n2. The plaintiff's affidavit of compliance with this subsection\n\nis filed in the suit, action, or proceeding on or before the return\n\nday of the process, if any, or within such further time as the\n\ncourt, or the Administrator in a proceeding before the\n\nAdministrator, allows.\n\nG. Service by mail shall be effective on the date of receipt by\n\nthe defendant or respondent or, if refused, on the date of refusal\n\nby the defendant or respondent. Acceptance or refusal of service by\n\nmail by a person who is fifteen (15) years of age or older shall\n\nconstitute acceptance or refusal by the party addressed. Acceptance\n\nor refusal by any officer or by any employee of the registered\n\noffice or principal place of business who is authorized to or who\n\nregularly receives certified mail shall constitute acceptance or\n\nrefusal by the party addressed. A return receipt signed at such\n\nregistered office or principal place of business shall be presumed\n\nto have been signed by an employee authorized to receive certified\n\nmail.\n\nH. Refusal by any person to accept delivery of the certified\n\nmail provided for in this section, or the refusal to sign the return\n\nreceipt, or the lack of knowledge of the Administrator of any\n\naddress to which process may have been mailed, shall not in any\n\nmanner affect the legality of the service, and the person shall be\n\npresumed to have had knowledge of the contents of the process.\n\nI. Service as provided for in subsection E or F of this section\n\nmay be used in a suit, action, or proceeding before the\n\nAdministrator, or by the Administrator where the Administrator is\n\nthe moving party. When process is served under this section, the\n\ncourt, or the Administrator in a proceeding before the\n\nAdministrator, shall order such continuance as may be necessary to\n\nafford the defendant or respondent reasonable opportunity to defend.","path":["OK Code","Title 71"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os71.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"884f7eaa10c87682a463ac49c677c994e94767fc636d808580b99bf8444b2b6e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-71-71-817","next":"us-ok/okla.-stat.-tit.-71-71-819"},"notice":"GroundRules: Original legal text. Not legal advice."}