How To Incorporate In Oklahoma

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1. Choose a Name for Your Oklahoma Corporation

Check on Available Names in Oklahoma: If you want to incorporate your small business in the state of Oklahoma, the first thing you need to do is choose a name for your corporation that is not in use by another registered corporation. To find out if the name that you have in mind for your corporation is available, you will need to search online records and other archives and catalogs. There is a database of registered Oklahoma corporations that you can search available online at Oklahoma Corporation.

Reserve a Corporate Name: You do not need to reserve a corporate name before you can file Articles of Incorporation in Oklahoma. If you decide to reserve a particular name before you file, you can submit a name reservation application to the office of the Oklahoma Secretary of State. It may be a good idea to reserve a name if you are not planning to file right away and you want to reserve a particular name until the time that you do file. You can find the name reservation application form online at Reserve an Oklahoma Corporation Name. The filing fee is $10.00. The name that you submit will be reserved for 60 days.

Filing Trademarks and Doing a Corporate Name Search: Even if a certain corporate name is available in the state of Oklahoma, a corporation registered in another state might be using the same name and you may find that there are some restrictions on how you use the name that you have chosen. You can consult an attorney to learn what these restrictions could be and how you can take steps to trademark the name of your corporation.

Oklahoma Corporate Name Requirements: When you are thinking about a name for your corporation, keep in mind that in the state of Oklahoma corporate names must include the word “corporation,” “incorporated,” “limited,” “company,” “association,” or one of the other recognized corporate words listed on the Certificate of Incorporation form. You could also use an abbreviation of one of these words.

2. Find a Registered Agent in Oklahoma 

You need to choose a registered agent before you can file to incorporate your small business. Your registered agent will act as an agent for service of process and receive all legal and tax documents for your corporation.  You can choose an adult resident of Oklahoma or a corporation as your registered agent, but your corporation cannot act as its own registered agent. There is a list of registered agent services provided in Oklahoma online at *.  

3. File Certificate of Incorporation with the Oklahoma Secretary of State

Minimum Requirements: When you are ready to incorporate your small business, you will need to prepare to file a Certificate of Incorporation with the Oklahoma Secretary of State. You can download the form for this document at File an Oklahoma Corporation or you can file online at Oklahoma Corporation Set up. The Certificate of Incorporation of your corporation will need to include the name of your corporation, the name and address of your registered agent for service of process, the purpose of your corporation, the number of shares authorized by your corporation, and the name and address of each incorporator and director. The Certificate of Incorporation needs to be signed by the incorporators before you submit the document to the Secretary of State.

Other Oklahoma Legal Provisions: In your Articles of Incorporation document, you can include additional provisions to go along with the minimum requirements listed above. You can consult an attorney when you are thinking about which additional provisions you should include. An attorney will help you to include the additional legal provisions that are important for your corporation.

Where to Submit Form: You should submit the signed Certificate of Incorporation document to the office of the Secretary of State, 2300 N Lincoln Blvd., Room 101, Oklahoma City, Oklahoma 73105-4897.

Filing Fee: The minimum fee to file a Certificate of Incorporation in Oklahoma is $50.00, but the total fee depends on the total authorized capital of the corporation. The total fee will be $1.00 per $1,000.00 of the authorized capital. See the Certificate of Incorporation form for more information.

4. Create Other Oklahoma Incorporation Documents (Corporate Kits)

You can begin to take other actions in your corporation once you have filed Articles of Incorporation. Other actions might include appointing officers and directors, adopting corporation bylaws, issuing stock certificates, obtaining a tax ID number, and acquiring the appropriate business license. You can also create other types of corporate documents like buy-sell agreements, shareholders agreements that determine when stock can be sold, and documents that describe what happens if an owner decides to leave the company one day. These types of corporate documents are especially useful when a corporation has multiple owners. You can consult an attorney when it is time to draft these documents so that you can make sure to be in compliance with all legal requirements. Take note that there are also corporate service companies that can help you to prepare these types of important corporate documents.

5. Qualify Your Oklahoma Corporation to Do Business in Other States

You will need to qualify your corporation to do business in other states before you can do business out of state.  If the main office of your corporation is located in another state, you need to qualify your corporation before you can do business in that state, and you most likely will be required to pay taxes in your home state. You can find more information about how to qualify your corporation to do business in other states online by visiting Doing Business in other states.

6. Make Annual Filings and Pay Annual Fees and Taxes in Oklahoma

In Oklahoma corporations need to file an annual report. The minimum fee for this report is $10.00. You can file your annual report online at Oklahoma Corporation Fee. For more information, contact the Oklahoma Secretary of State.

All corporations that are registered in Oklahoma are subject to Oklahoma state income taxes. You will need to file a corporate income tax form with the state and pay the required income taxes each year. You can find information about the corporate tax in Oklahoma by visiting the official website of the Oklahoma Tax Commission at Oklahoma Corporation Tax. You should consult a professional accountant when it is time to prepare your tax documents so that you avoid mistakes that could cost you extra taxes.

You need to make many decisions when you are incorporating your small business. These decisions can often be complex, especially if your corporation has multiple owners. If you consult an attorney and an accountant when you are incorporating your small business, you can have confidence that the paperwork for your corporation is being prepared correctly.

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This site is for informational purposes only and does not constitute legal, financial or tax advise. The information on this site should not be relied upon as an official source of information and should be independently verified.


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