Key Takeaways

  • Filing articles of incorporation Oklahoma with the Secretary of State legally establishes a corporation in the state.
  • The document must include specific information, such as corporate name, purpose, registered agent, incorporators, and share structure.
  • Oklahoma offers multiple filing methods—mail, in-person, fax, and online—with varying turnaround times.
  • Corporations must also consider post-filing requirements like annual certificates, business licenses, and IRS compliance.
  • Special rules apply to nonprofit corporations, including filing different forms and additional IRS steps.
  • LLCs in Oklahoma follow a similar but separate process using the Articles of Organization.

Articles of incorporation Oklahoma must be filed to start a corporation in the state.

Oklahoma Articles of Incorporation

Before you can start a corporation, you must prepare and file the articles of incorporation. Upon approval of this document, your business will receive approval for the name and will be legally created as a corporation in the state of Oklahoma.

Your business will need the approval of its articles of incorporation before it can:

  • Sign contracts
  • Apply for tax identification numbers (TIN)
  • Obtain a business license
  • Conduct business

In order to incorporate in the state, your company's articles of incorporation must be filed with the Oklahoma Secretary of State. When filing your articles of incorporation, you will need to send the document to the Business Filing Department of the Oklahoma Secretary of State.

Use the Certificate of Incorporation form. You can file the form in person, by mail, by fax, or online at the Secretary of State's filing website. For a business with up to $50,000 in authorized shares, the filing fee is $50. If you need same-day service for your articles of incorporation, you must file in person and pay an additional $25 expediting fee.

When filing by mail, the turnaround time is about 7 to 10 business days. Filing online takes about one business day, as does filing in person and paying the expedited processing fee. The law that governs the formation of corporations in the state of Oklahoma is found in the state statutes, title 18, §1000 et seq. The owners of a business may provide a general statement, such as any lawful activity or act that allows a corporation to be organized under the general state law.

Filing Options and Processing Times in Oklahoma

Oklahoma provides several ways to file your articles of incorporation, giving flexibility to business owners. You may file:

  • Online: The quickest option, often processed within one business day.
  • By mail: Typically processed in 7–10 business days.
  • In person: Same-day processing is available for an additional $25 expedite fee.
  • By fax: Available if paying with a credit card and including the required cover sheet.

Each method requires the official Certificate of Incorporation form, which is filed with the Oklahoma Secretary of State. The standard filing fee is $50 for up to $50,000 in authorized shares, with additional fees if more shares are issued.

Required Data in the Oklahoma Articles of Incorporation

A corporation operating in the state of Oklahoma must have at least one director. The articles of incorporation must include certain key information:

  • Business name
  • Name and address of the corporation's registered agent
  • The corporation's duration (if applicable)
  • The corporation's purpose
  • Mailing address
  • The number of shares of stock the business is authorized to issue, as well as each stock's class and pare value
  • Incorporator's name and address

The incorporation of a business in the state of Oklahoma must also be at least 18 years of age and a legal resident of the country. However, no requirement exists that the incorporator must reside in the state.

In order to classify stock under section 1244, a corporation must have a larger application of the business loss deductions to ordinary income than stock that is classified under the standard classification. The standard stock classification allows the owner(s) to offset up to $3,000 against the company's standard income. When the business issues section 1244 stock, it can claim up to $100,000 in ordinary loss deduction.

A corporation in the state of Oklahoma must also appoint a registered agent. This individual or business must be physically located in Oklahoma and available to receive service of process. The person or business you appoint as the registered agent must be available at their physical address during standard business hours in order to accept any crucial tax and legal documents on behalf of your corporation. If you choose to authorize a business, it must be a corporation that holds the authorization to be a registered agent.

Additional Considerations for Oklahoma Corporations

Beyond the required data, corporations in Oklahoma should be mindful of several important points:

  • Corporate Purpose: While many corporations list “any lawful purpose,” specific industries (such as banking or insurance) may require detailed descriptions.
  • Stock Structure: If issuing more than one class of stock, details on rights, preferences, and limitations must be included.
  • Duration: Most corporations choose perpetual existence, but a limited duration may be specified.
  • Registered Agent Requirements: The agent must maintain a physical office in Oklahoma (not a P.O. Box) and be available during business hours.
  • Incorporator Eligibility: Incorporators must be at least 18 years old and legally competent, but they do not need to live in Oklahoma.

Post-Filing Requirements for Oklahoma Corporations

Once your articles of incorporation are approved, several follow-up steps are necessary to keep your business compliant:

  1. Annual Certificate: Corporations must file an annual certificate with the Secretary of State to maintain good standing.
  2. Business Licenses and Permits: Depending on the industry, state or local licenses may be required before operations begin.
  3. EIN Registration: Apply for a federal Employer Identification Number (EIN) through the IRS to open bank accounts and hire employees.
  4. Corporate Records: Create bylaws, appoint directors, and hold an initial board meeting. These are internal requirements but crucial for governance.
  5. Franchise Tax Compliance: Oklahoma corporations may owe franchise taxes, which must be paid annually.

Failure to comply with these requirements can lead to penalties or administrative dissolution of the corporation.

Instructions for Oklahoma LLC Articles of Organization by Mail

If you choose to file your articles of organization by mail, make sure to include the name and Oklahoma-based address of your registered agent. This address is not allowed to be a PO Box. Instead, it must be a physical address that is located in the state of Oklahoma.

Instructions for LLC Oklahoma Articles of Organization Online

If you file your articles of incorporation online, make sure to include the address of your principal location. This address also cannot be a P.O. Box. Some examples of acceptable addresses include:

  • The corporation owner's home address
  • The main office address
  • The address of a friend or family member of the owner
  • The address of the corporation's registered agent

As you choose a registered agent, follow the instructions in this helpful lesson to determine who qualifies to serve in this role. When you select the type of agent, you will need to choose whether your registered agent is a business or an individual. Next, enter the name of the agent and their physical street address in the state of Oklahoma.

Oklahoma Nonprofit Articles of Incorporation

Nonprofit corporations in Oklahoma follow a similar filing process but must file the Articles of Incorporation for Nonprofit Corporations form. Key differences include:

  • Purpose Statement: The nonprofit’s mission must be clearly stated.
  • No Stock Information: Nonprofits do not issue shares, so this section is omitted.
  • IRS Compliance: After state approval, nonprofits must apply for federal 501(c)(3) or other tax-exempt status with the IRS.
  • State Tax Exemptions: Additional applications may be required to secure exemptions from Oklahoma state taxes.

Nonprofits also pay a $50 filing fee and may file online or by mail.

Frequently Asked Questions

  1. How much does it cost to file articles of incorporation in Oklahoma?
    The filing fee is $50 for corporations with up to $50,000 in authorized shares. Larger share structures may require higher fees.
  2. Can I file my Oklahoma articles of incorporation online?
    Yes. Online filing is the fastest option, with processing typically completed within one business day.
  3. Do Oklahoma corporations need a registered agent?
    Yes. Every corporation must appoint a registered agent with a physical address in Oklahoma to receive legal and tax documents.
  4. What happens after my articles of incorporation are approved?
    You must obtain an EIN, prepare corporate bylaws, hold an initial meeting, and file an annual certificate to maintain compliance.
  5. Are nonprofit articles of incorporation different in Oklahoma?
    Yes. Nonprofits must file a specific form, state a charitable purpose, and apply separately for federal and state tax-exempt status.

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