SERVICE OF SUMMONS

Service on the Secretary of State shall be made by:

  • Filing two (2) copies of the summons and petition. The summons and petition shall be served together.
  • Notifying the Secretary of State that service is being made pursuant to the provisions of 12 O.S. §2004 C(4)
  • Paying the fee pursuant to 18 O.S. §1142 or §2055
  • If a registered agent is listed with the Secretary of State, the plaintiff shall furnish a certified copy of the return showing that service on the registered agent has been attempted and that neither the registered agent nor an officer of the corporation could be found at the registered office.

Fee:

$25.00 for service of summons and petition on any entity for which the Oklahoma Secretary of State is authorized by statute to accept.

Secretary of State as Registered Agent:

If the Secretary of State is the registered agent, the plaintiff may serve the Secretary of State without attempting to serve any other representative of the business entity

Secretary of State is the registered agent for:

  • ousted or withdrawn corporations 18 O.S. §1135
  • foreign corporations transacting business in Oklahoma without having qualified to conduct business 18 O.S. §1136 (A)
  • corporations whose registered agent has resigned over 30 days prior to receipt of the summons and petition 18 O.S.. §1026 (B) & §1133
  • domestic limited liability companies whose agent has been resigned longer than 30 days 18 O.S. §2010.D (3) & E.
  • domestic limited liability companies who have merged into a non-qualified foreign limited liability company 18 O.S. §2054.C (9)
  • foreign limited liability companies whose registered agent has resigned 18 O.S. §2043 (3)(d)
  • foreign limited liability companies that are transacting business in Okla without registering with the Secretary of State 18 O.S. §2048
  • Oklahoma limited partnership whose registered agent has resigned over 30 days prior to receipt of the summons and petition 54 O.S. §305.1(D)

Service of process on a domestic or foreign corporation may be made by serving the Secretary of State as the registered agent if:

  • there is no registered agent for the corporation listed in the records of the Secretary of State; or
  • neither the registered agent nor an officer of the corporation could be found at the registered office of the corporation, when service was attempted.

Before resorting to service on the Secretary of State the plaintiff must have attempted service either in person or by mail on the corporation at:

  • the corporation’s last known address shown on the records of the Franchise Tax Division of the Oklahoma Tax Commission, if any is listed there; and
  • the corporation’s last known address shown on the records of the Secretary of State, if any is listed there; and
  • the corporation’s last address known to the plaintiff
  • If any of these addresses are the same, the plaintiff is not required to attempt service more than once at any address.

The plaintiff shall furnish the Secretary of State with a certified copy of the return or returns showing the attempted service. This shall be attached to the summons and petition. **The Secretary of State does not accept service of process on behalf of individuals, banks, credit unions, foreign insurance companies, state agencies or the State of Oklahoma** Time line:

  • Within three (3) working days after receiving the summons and petition, the Secretary of State shall send notice by certified mail, return receipt requested, directed to the corporation at its registered office or the last known address found in the office of the Secretary of State, or
  • If no address is found there, to the corporation’s last-known address provided by the plaintiff.

Certificate of Proof of Service:

  • An official certificate may be ordered as proof that service of the summons and petition was successfully delivered or not delivered.
  • A $20.00 fee must accompany the order.

For additional questions, please contact the Summons Department at (405) 521-3912