Business Entity FAQ’s

Warning: Always Get Legal Advice before filing any business structure or before making any change to your existing entity

Where do I go to find forms to file a business entity?

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

What type of entity should I form?

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.

Can I file a certificate of formation online?

Yes. Certificate of formation can be filed online through WWW.SOS.OK.GOV 24 hours a day, 7 days a week.

What is a registered agent? What are the agent’s duties?

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 entities 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.

How do I form a “C” corporation, an “S” corporation, or a “501(c)(3)” corporation?

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.

Will filing a certificate of formation keep others from using my company name?

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.

Now that I’ve filed my business entity, does the secretary of state issue my federal employer identification number (EIN OR FEIN)?

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

How can I determine an inactive date online and/or how many years are owed?

This information is not available online. Please call the Annual Certificate Department at (405)522-2822 for this data.

My entity status online reads as Terminated or Expired? What does this mean?

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.

How do I get my entity reinstated or back in good standing?

The forms to reinstate may be downloaded from the Secretary of State’s website at https://www.sos.ok.gov/business/forms.aspx. 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.


Charities


What is the difference between a non profit organization and a charitable organization?

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.

Who is exempt from registering?

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