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2022 Oklahoma Statutes
Title 18. Corporations
§18-1136. Service of process on nonqualifying foreign corporations.

Universal Citation: 18 OK Stat § 1136 (2022)
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SERVICE OF PROCESS ON NONQUALIFYING FOREIGN CORPORATIONS

A. If any foreign corporation shall transact business in this state without having qualified to do business in accordance with the provisions of Section 1130 of this title, service on the corporation may be made by serving the Secretary of State as its agent as provided in Section 2004 of Title 12 of the Oklahoma Statutes.

B. If any foreign corporation consents in writing to be subject to the jurisdiction of any state or federal court in this state for any civil action, suit or proceeding against it arising or growing out of any business or matter, and if the agreement or instrument setting forth such consent does not otherwise provide a manner of service of legal process in any such civil action, suit or proceeding against it, such foreign corporation shall be deemed to have thereby appointed and constituted the Secretary of State of this state its agent for the acceptance of legal process in any such civil action, suit or proceeding against it. The transaction of business in this state by such corporation or such consent by such corporation to the jurisdiction of any state or federal court in this state without provision for a manner of service of legal process shall be a signification of the agreement of such corporation that any process served upon the Secretary of State when so served shall be of the same legal force and validity as if served upon an authorized officer or agent personally within this state.

C. The provisions of Section 1132 of this title shall not apply in determining whether any foreign corporation is transacting business in this state within the meaning of this section; and "the transaction of business" or "business transacted in this state", by any such foreign corporation, whenever those words are used in this section, shall mean the course or practice of carrying on any business activities in this state, including, without limiting the generality of the foregoing, the solicitation of business or orders in this state. The provisions of this section shall not apply to any insurance company doing business in this state.

Added by Laws 1986, c. 292, § 136, eff. Nov. 1, 1986. Amended by Laws 1988, c. 323, § 29, eff. Nov. 1, 1988; Laws 2017, c. 323, § 36, eff. Nov. 1, 2017.

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