Is Your Company Thinking Of Doing A Name Change?
The Oklahoma Corporation Commission (OCC) must be advised in writing of any name change within thirty (30) days of the change. Determination will be made by the OCC Surety Section based on the following information, if a new operator number will be necessary to be assigned or whether the company may retain the current operator number issued under the company's prior name.
If the name change involves a CORPORATION:
Did the operator have to...
- file "Amended Articles of Incorporation" with the Oklahoma Secretary of State (it does not matter whether the Corporation was domestic or foreign).
- file with the Internal Revenue Service (IRS) for a new Federal Employer Identification (FEI) number, if so, then a new operator number will have to be assigned. If the IRS did not require a new FEI number than the old operator number will remain in effect, but, the Operator, will need to provide to the Surety Department a notarized letter on letter head that the IRS had determined that a new FEI number was not necessary.
- If "Amended Articles" were filed and the FEI number remained the same--the company can keep the current operator number. Prior to changing the name on the OCC records, a copy of the "Amended Certificate of Good Standing" from the Oklahoma Secretary of State must be received along with a letter requesting the name change and stating that the FEI number shall remain the same.
- If there has been a merger between two (2) corporations, one has been dissolved and the other surviving, then the operator number of the surviving corporation will be retained and the Form 1073 and 1073I are required to be filed to change the operatorship on the wells still listed under the non-surviving company name.
- When the corporation experiences a Reorganization, Revival, or Reincorporation the FEI Number remains the same, no new operator number will be required.
If the name change involves a PARTNERSHIP: ...
- If a majority of the membership changes, then a new operator's number will be required.
- In a husband/wife partnership, a divorce will always constitute the need for a new operator's number.
- In a husband/wife partnership when one of the other becomes deceased, this constitutes a change from a partnership to a sole proprietor and a new operator number will be required (unless this was the only marriage for both the husband and wife, in which case the surviving spouse can keep the same number). If the surviving spouse remarries, a new number will need to be issued.
If the name change involves a SOLE PROPRIETORSHIP: ...
- If the operator changes their name, it is generally a new owner and a new operator number will be required.
- If the sole owner was originally set using their initials and the change reflects that they now want to use their full name, the OCC can use the same number, if the operator provides to the OCC a letter requesting such a change. (The same procedure will hold true for any company formerly using initials, and now wanting the name spelled out, providing the company officers have not changed from the last filing of their Form 1006B).
- If the operator was previously a sole proprietorship and has now formed a new corporation:
- If a new FEI number has been issued, then the new operator number will need to be issued.
- If previously the operator has always filed using a Social Security Number and now has a FEI number, then the operator number can remain the same.
- If the FEI number remains the same, the operator can retain the same operator number, but a copy of the "Articles of Incorporation" must be provided to the OCC
For specific questions concerning name changes contact one of the following:
Surety Department of the Oklahoma Corporation Commission at 405-521-2331 or
Taxpayer Assistance of the Oklahoma Tax Commission at 405-522-5883 or 405-522-5884