Oklahoma secretary of state public records

For example, roofers must get licenses from the Construction Industries Board; accountants must obtain licenses from the Accountancy Board, attorneys have to be licensed, and so forth. Q: What options do business owners have to complete a filing with the secretary of state's office?

A: You may file online at www. Some customers register by mail, and a few fax their registration to Before you attempt to complete a filing, be sure you have taken the steps described above. Q: What are the greatest challenges the secretary of state's office faces when serving business customers? A: Most issues occur because customers are not prepared to answer the questions about entity type mentioned before, or they have a difficult time navigating our website. Customers can assure themselves of the best possible service by securing their entity name and type before contacting our office.

We are often very busy helping other customers, either at our front desk or on the phone. People sometimes have to wait for what seems a long time. Customers may get frustrated when they try to register before having all the questions answered, and their filing is rejected. The secretary of state's office serves the state solely in a registration and filing capacity. We cannot provide legal or tax advice.

Q: What steps are being taken to improve the quality of service in the secretary's office? A: First, we have a great team with a great attitude and strong skills. Second, we are working to improve our website's appearance and functionality, making it more user-friendly and effective.

Third, we are committed to constantly improving our internal and external processes.

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The provisions of the Records Management Act, Section et seq. As used in this act, "business" includes every kind of private business, profession, occupation, calling or operation of private institutions, whether carried on for profit or not. Unless a specific period is designated by law for their preservation, business records which persons by the law of this state are required to keep or preserve may be destroyed after the expiration of three 3 years from the making of such records without constituting an offense under such laws.


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This section does not apply to minute books of corporation nor to records of sales or other transactions involving weapons, poisons or other dangerous articles or substances capable of use in the commission of crimes. If in regular course of business a person makes reproductions of original business records, the preservation of such reproductions constitutes compliance with any laws of this state requiring that business records be kept or preserved. Nothing in this act shall be construed to diminish the authority of an officer of this state under existing law to permit the destruction of business records.

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This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Photographing, microphotographing or filming of records - Standards - Preservation of original negatives. Any public officer of the state or any county, public trust, authority or agency, city, municipality, district or legal subdivision thereof, may cause any or all records, papers or documents kept by him to be photographed, microphotographed, reproduced on film, or duplicated in a manner acceptable to the State Archives and Records Commission.

The custodian of the records may permit any record to be removed from his office for the purpose of photographic filming or other duplication, and his responsibility for their care and return shall continue during the times of their removal from the area controlled by the custodian of the records during photographic or duplication processes. The custodian of the records shall, before delivering any records for photographing, duplication or microphotographing make a complete catalog list of the records to be filmed and retain the same until the records are returned.

He may require a bond, and shall require written receipt identifying each record removed from his custody.

Such photographic film shall comply with the minimum standards of quality for film, processing, and storage of permanent photographic records promulgated by the Archives and Records Commission. Any other media containing duplicates of records shall comply with standards promulgated by the Archives and Records Commission. The device used to reproduce such records on such film or other media shall accurately reproduce the original thereof in all details.

Such photographs, microphotographs, photographic film or other duplicates shall be deemed to be original records for all purposes, including introduction in evidence in all courts or administrative agencies. A transcript, exemplification, or certified copy thereof, for all purposes recited herein, shall be deemed to be a transcript, exemplification, or certified copy of the original. The original photographs, microphotographs, film or other media containing duplicate records shall be stored in a maximum security vault and only be removed therefrom for the purpose of making copies thereof as the custodian of the records may require.

At the election of the custodian of the records, however, the master negative or copy may, immediately upon being made, be deposited with the Oklahoma Department of Libraries which shall retain it in a maximum security vault and furnish such copies thereof as may be required for the purposes of the custodian of the records. The cost of any photographic, microphotographic, reproduction or filming service requested by and furnished to a state agency or subdivision of government shall be paid to the Department of Libraries rendered on the basis of fee schedules established by the Archives and Records Commission.

A copy of such photographs, microphotographs, reproductions on film or other duplicates properly certified and cataloged shall be placed in conveniently accessible files and provisions made for preserving, examining and using the same, including reproduction of same. There shall be available for use by the public at least two devices for viewing, and at least one of said devices shall provide for reproducing the photographic or other duplicate records. Such copies shall be certified by their custodian as true copies of the originals, and the copies so certified shall have the same force and effect as the originals.

A statement in writing describing the record and certifying it to be a true copy, and attached securely to the reproduction, will be deemed a sufficient certification. Any viewing devices in use at the time of the passage of this act may continue to be used, although such device does not provide a reproducing system.

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The provisions of this section shall not affect and are cumulative to the provisions of the Records Management Act, Section et seq. April 1, March 31, ; Laws , c. Instruments filed for record - Microfilming - Security copies - Sale of copies. The county clerk and ex officio registrar of deeds may record the instruments lawfully filed for record in his office by making and preserving microfilm thereof.

Whenever a system of microfilming is established at least two 2 microfilms shall be made of each recorded instrument which shall be kept separate, in order that they may not be subject to the same hazards. Creation - Composition - Delegation of duties - Authority - Exemptions.

There is hereby re-created until July 1, , in accordance with the Oklahoma Sunset Law, the Archives and Records Commission, hereinafter referred to as the Commission, to be composed of one 1 member to be appointed by the Governor who shall serve as Chairman, the State Librarian as Vice Chairman and Secretary, the Lieutenant Governor, the State Auditor and Inspector and the State Treasurer as members. Any member may appoint and designate a subofficer or employee as his proxy for purposes of carrying on the duties of the Commission.

The Commission shall have sole, entire and exclusive authority of the disposition for all public records and archives of state officers, departments, boards, commissions, agencies and institutions of this state. The authority herein granted shall not apply to records and archives of political subdivisions of the state; provided, however, this act shall not apply to the confidential records and files of the Oklahoma Tax Commission which are exempt from all provisions of this act. May 22, May 30, ; Laws , c. March 30, ; Laws , c. June 7, ; Laws , c. Every state officer and the heads of all departments, boards, commissions, agencies and institutions of the State of Oklahoma who have in their custody public records and archives deemed by them to be unnecessary for the transaction of the business of their offices shall consult with the State Librarian for the purpose of determining if such records and archives are desired for deposit in the archives division of the Oklahoma State Library.

Upon certification by the State Librarian that such records and archives are or are not desired for such purpose, then such custodian shall, in conformity with such determination, apply to the Commission for authorization to destroy or transfer such records and archives to the Oklahoma State Library as hereinafter provided. Upon the filing of such application the Commission shall have authority to authorize or direct the disposition of such records and archives by any one or more of the following methods:. By destruction; provided that, the Commission shall not authorize destruction of records and archives less than five 5 years old except upon a showing of good cause by the agency or the Archives and Records Division of the Oklahoma Department of Libraries and a unanimous vote of the members of the Commission, or their designees, present.

By transfer to the custody and control of the Oklahoma State Library and there retained. The State Librarian may, in his discretion, microfilm such records and archives, especially if so doing would aid in the preservation of their contents. By transfer to the Oklahoma State Library with authorization to the State Librarian to microfilm said records and archives and upon the completion of this process to destroy said records and archives in accordance with the order of the Commission.

Records and archives transferred to the Oklahoma State Library shall never be returned to their former custody except by order of the Commission and written consent of the State Librarian. The Commission is hereby given the authority to request any state officer or the head of any department, board, commission, agency or institution of the State of Oklahoma whose records and archives are being checked to furnish as many persons in the employ thereof, as in its discretion are necessary, to properly check and survey the records and archives of said state officer, department, board, commission, agency or institution.

And it shall be the duty of any state officer, or the head of any department, board, commission, agency or institution to furnish the number of persons requested by the said Commission. Said employees so assigned to the Commission shall be under its direction and supervision in the performance of the functions set out by this act.

Record of destroyed, transferred or microfilmed records or archives - Report to Secretary of State. A record shall be kept of the records and archives which are destroyed or transferred and it shall be in such form as prescribed by the Commission and shall disclose among other things the date and content of the records and archives destroyed, transferred, or microfilmed.

One copy of said record shall be kept by the state officer, department, board, commission, agency, or institution of the State of Oklahoma whose records have been destroyed or transferred.

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The original of such record shall be retained by the Secretary of the Commission. The Secretary of the Commission shall file annually a summary report with the Secretary of State detailing records which have been destroyed, transferred or microfilmed during the previous year. Any microfilm, duplicate created in a manner acceptable to the State Archives and Records Commission, or microphotograph film, of any original record or archives shall be deemed to be an original record or archive for all purposes and shall be admissible in evidence in all courts or administrative agencies the same as the originals.

A facsimile exemplification or certified copy thereof shall for all purposes recited herein be deemed to be a description exemplification or certified copy of the original. All records and archives of any state officer or of any department, board, commission, agency or institution, shall upon the termination of the functions of that office, department, board, commission, or institution, be disposed of in accordance with the provisions of this act.

The Secretary of the Archives and Records Commission in person, or through a deputy authorized by him, shall have the right of access to all public records and archives of this state, except those records and archives classified as confidential by Act of the Legislature, with a view of securing their safety and preservation and determining their administrative or legal value.

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On behalf of the State of Oklahoma and the Oklahoma State Library the Attorney General may replevin any public records or archives illegally removed which were formerly part of the records or files of any public office of the Territory or of the State of Oklahoma. The State Librarian shall acquire and maintain sufficient equipment and supplies to microfilm all records, archives and documents transferred to him for that purpose in conformity with the minimum standards of quality approved for microfilming records and archives by the Archives and Records Commission; and shall maintain a film library with a catalog system or index and adequate equipment to enable the various state officers, departments, boards, commissions, agencies and institutions to effectively use the microfilm service which is hereby established in the Oklahoma Department of Libraries.

Secretary of Archives and Records Commission - Duty to determine preservation or disposition of records - Exception to rule of confidential records. The Secretary of the Archives and Records Commission is authorized to delegate his executive duties under this subsection. If any statute or statutes of the State of Oklahoma as now enacted create any class of privileged or confidential document, record, paper, or archives and provide any penalty or penalties for disclosure of such document, record, paper, or archive it is the intent of the Legislature that such penalty or penalties not be applied in connection with any examination by the Secretary made for the purpose of compliance with this Resolution.

In the event the Secretary examines a confidential or privileged document, record, paper, or archive he is forbidden to divulge or to disclose any information obtained from his examination. Listing of documents to be retained, destroyed or microfilmed, shall be furnished heads of departments. The Secretary of the Archives and Records Commission is directed at such time as he completes the examination of each such agency, authority, board, commission, department, institution, instrumentality, office, officer, official, or society, to furnish to the appropriate head of each agency, authority, board, commission, department, institution, instrumentality, office, officer, official, or society with a listing which shows the type or class of the documents, records, papers, and archives which are to be: a retained, b destroyed, and c microfilmed.

Delivery of records for disposition - Reports for noncompliance. Within thirty 30 days after the head of each such agency, authority, board, commission, department, institution, instrumentality, office, officer, official, or society is furnished with such a listing by the Secretary of such documents, records, papers, and archives are to be delivered to the Secretary of the Archives and Records Commission for disposition as provided. In the event delivery is refused of such documents, records, papers, and archives the Secretary of the Archives and Records Commission is directed not later than ten 10 days after the expiration of thirty-day period of compliance to report such noncompliance to the President Pro Tempore of the Senate, to the Speaker of the House of the Oklahoma Legislature, and to the Governor of the State of Oklahoma, setting forth in detail the extent of noncompliance and the reasons assigned therefor.

In addition the Secretary is directed to file a copy of such report or reports of noncompliance with the Secretary of State of Oklahoma, and the same is to be a public record open for the inspection and information of the public. Preparation of records for retention, microfilming and destruction - Disposition of monies received - Use.

Upon the delivery to the Secretary of the Archives and Records Commission of the documents, records, papers, and archives, the Secretary is authorized and directed to prepare them for retention, microfilming, and destruction, in accordance with the terms of the Archives and Records Act. The Secretary is authorized and directed to deposit the money or monies received from the disposition of such documents, records, papers, and archives in the Official Depository Account Number 21 of the State Treasurer of Oklahoma. The money or monies so received is to be expended at the discretion of the Secretary in the advancement of this program.

Secretary of the Archives and Records Commission means and refers to that office created under the terms of Title 74 O. The phrase "dead storage files" refers to and includes all rooms, storehouses, warehouses, floor space, office space, files, filing cabinets, vaults, and other places in which are stored, kept, maintained, or otherwise held documents, papers, records, and archives not in actual use which belong to, or are in the custody of, any agency, authority, board, commission, department, institution, instrumentality, office, officer, official, or society of the State of Oklahoma.

To be in actual usage such documents, papers, records, and archives must be in continual demand for immediate reference purposes, for actual use in the day-to-day work required of any agency, authority, board, commission, department, institution, instrumentality, office, officer, official, or society of the State of Oklahoma in their principal offices or places of business. Any documents, papers, records, and archives not in such continual usage are to be considered dead storage files.

Disclaimer: These codes may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources. Petition to restore record by certified copy. What necessary when certified copies cannot be had.