Business Entity FAQ’s

Go to the Forms Page to download and print a form or you may file Online Portal.

The Office of the Secretary of State cannot help you determine the best entity type for your particular business needs. For personalized assistance, you should consult your private attorney or CPA.

Yes. Certificate of formation can be filed with our Online portal. It is available 24 hours a day, 7 days a week.

A registered agent may be either an individual Oklahoma resident or a domestic or foreign corporation, limited liability company or limited partnership that is reflected upon the Secretary of State’s records and in good standing or it may be the entity itself when filing on behalf of an Oklahoma entity.

The registered agent is responsible for receiving and forwarding service of process or official notices addressed to an entity.

An entity's registered office address must be a physical address in the State of Oklahoma where the registered agent can be personally served with process during normal business hours.

Filing a certificate of formation with the Secretary of State creates a for-profit corporation, professional corporation, not for profit corporation, limited liability company or limited partnership. Designations such as “S”, “C” or “501(c)(3)” refer to federal tax provisions. For information on federal tax issues, including how they might affect what you need to include in your certificate of formation, consult a private attorney, CPA and/or contact the Internal Revenue Service.

No. Generally, every business must protect its own intellectual property and good will. Filing a certificate of formation only prevents the Secretary of State from filing a subsequent certificate of formation for an entity with a name that the Secretary of State determines is the same as or indistinguishable to your company name.

No, the Secretary of State does not issue employer identification numbers. For information on EIN’s, contact the Internal Revenue Service.

This information is not available online. Please call the Filing Department at (405)522-2520 for this data.

It means the LLC or LP is not in good standing with the State of Oklahoma due to a late Annual Certificate. Annual Certificates are due on the formation date of the entity each year, and a 60 days grace period is given to file them. After 60 days if there has been no Annual Certificate filed, the entity becomes inactive and not in good standing.

The forms to reinstate may be downloaded from the Secretary of State’s Forms page. Scroll down to the forms listed under the respective entity type and the forms are listed there. A Reinstatement form has no fee but must be included anytime an entity is inactive, and an Annual Certificate form is required for each year past due.

A non profit organization is an entity recognized by the state of Oklahoma when a “Non Profit Certificate of Incorporation” has been filed with the Business Division of the Secretary of State. A charitable organization is defined in Title 18 Section 552.2.

Certain types of entities and people are exempt from registration requirements. Please find these exemptions in Title 18 Section 552.4

No, you do not have to make an appointment. Please bring your document(s) and complete the receipt form provided at the Apostille window in the lobby.

Processing time for documents brought into the office is 10-15 minutes per document. Please understand this can vary depending on the number of documents presented for processing, and the number of clients currently in line.

Yes. You can bring the documents in for another individual. They do not have to be present to complete the apostille process.

No. We cannot notarize any documents in our office because it would be a conflict of interest. If your document needs to be notarized, please have it notarized before bringing it into our office.

If you are unsure, please follow the link provided below to view the countries listed as members of the Hague Convention. If the country in which you will be using the document(s) is listed as a member to the Hague Convention you will need an Apostille. If the country is not listed as a member, you will need to have your document(s) Authenticated. http://www.hcch.net

Yes. Please print the attached form in place of your cover letter and mail along with all documents and form of payment. Please remember we cannot accept personal checks for Apostille/Authentication requests.

The typical processing time for Apostille/Authentication requests received by mail in is 1-2 business days. Once the document(s) are processed, they are returned by mail. Please understand this processing time may vary depending on the number of documents submitted for processing and the location they will be traveling to.

Yes. You are welcome to include a prepaid, self-addressed envelope. If you do not send a prepaid envelope, we will return the document(s) via USPS to the address provided on your cover letter. Please note there is no tracking information for documents sent via USPS.

No. We cannot provide an Apostille/Authentication for any Birth Certificate, court certified document, or document notarized by a notary from another state. Please contact the issuing state for certification procedures.