Official Sos 0017 Form Fill Out This Document Online

Official Sos 0017 Form

The SOS 0017 form, officially titled the Certificate of Withdrawal for Foreign Corporations, is a legal document that facilitates the withdrawal of a foreign corporation's authority to conduct business in the state of Oklahoma. It outlines the requirements for a corporation to revoke its registered agent's authority and consent to service of process directly through the Oklahoma Secretary of State, contingent on a strict set of stipulations including the provision of a corporate dissolution certificate or a court decree if applicable. For foreign corporations seeking to cease operations in Oklahoma, completing this form accurately is a critical step.

To ensure compliance and understand the intricacies of this process, clicking the button below to fill out the form is highly recommended.

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Outline

When a foreign corporation decides to cease its operations in Oklahoma, the SOS 0017 form, known as the Certificate of Withdrawal, becomes a crucial document. This form, necessitating a filing fee of $100.00, serves as the formal notice to the Oklahoma Secretary of State located at 2300 N Lincoln Blvd., Room 101, State Capitol, Oklahoma City, Oklahoma. It outlines the steps a foreign corporation must take to effectively withdraw its authority to conduct business within the state. The process is guided by the provisions of Title 18, Section 1135, which require the corporation to renounce its registered agent’s authority to accept service of process on its behalf. Furthermore, this certificate mandates that any legal actions arising from the corporation’s activities in Oklahoma continue to be directed to the corporation via the Secretary of State, albeit with conditions tied to the company’s original jurisdiction of incorporation or a court’s dissolution order. Essential elements include the corporation’s name, any fictitious name used within Oklahoma, the address for future service of process, and requisite signatures from the company's president or vice president and secretary or assistant secretary. This ensures a clear and manageable exit for foreign corporations from Oklahoma business activities, while maintaining a channel for legal accountability. The inclusion of a copy of the dissolution certificate or court order (if applicable) further aligns with the state’s requirements for a complete withdrawal, spotlighting the state’s thorough approach in maintaining an accurate record of active and inactive business entities within its jurisdiction.

Form Sample

CERTIFICATE OF WITHDRAWAL

(Foreign Corporation)

Filing Fee: $100.00

TO: OKLAHOMA SECRETARY OF STATE 2300 N Lincoln Blvd., Room 101, State Capitol Oklahoma City, Oklahoma 73105-4897 (405) 522-2520

PLEASE NOTE:

In the event the corporation was dissolved in the jurisdiction of its incorporation, a copy of the certificate of dissolution issued by the proper official of such jurisdiction MUST BE ATTACHED HERETO.

In the event the corporation was dissolved by a court order or decree, a copy of the order or decree, certified by the court clerk or other official body, under the official seal of the court or official body or clerk thereof MUST BE ATTACHED HERETO.

I hereby execute the following articles for the purpose of surrendering a foreign corporation’s authority to transact business in the state of Oklahoma pursuant to the provisions Title 18, Section 1135:

1.Name of the corporation:

2.If different, the fictitious name which the company transacts business under in the state of Oklahoma:

3.State or other jurisdiction of its formation:

4.The corporation hereby revokes the authority of its registered agent in Oklahoma to accept service of process and consents that process against the corporation in any action, suit or proceeding, based upon any cause of action arising in Oklahoma during the time the corporation was authorized to transact business in this state, may be served upon the Oklahoma Secretary of State in the manner provided by law.

5.Address to which service of process against the corporation may be mailed:

Street Address

City

State

Zip Code

The certificate of withdrawal must be signed by the president or vice president of said corporation and attested to by its secretary or assistant secretary.

• Signed this

 

day of

 

,

 

by:

Signature of President or Vice President

Attested to by:

Printed Name

Signature of Secretary or Assistant Secretary

Printed Name

(SOS FORM 0017-07/12)

Form Breakdown

Fact Detail
Form Number SOS FORM 0017
Title Certificate of Withdrawal (Foreign Corporation)
Filing Fee $100.00
Addressed To Oklahoma Secretary of State 2300 N Lincoln Blvd., Room 101, State Capitol Oklahoma City, Oklahoma 73105-4897
Contact Number (405) 522-2520
Requirement for Dissolved Corporations A copy of the certificate of dissolution or a court order or decree of dissolution must be attached if the corporation was dissolved.
Governing Law Title 18, Section 1135 of the Oklahoma Statutes
Official Signatories The certificate of withdrawal must be signed by the president or vice president and attested to by the secretary or assistant secretary of the corporation.

Detailed Instructions for Using Sos 0017

Filling out the SOS 0017 form is a key step for foreign corporations that wish to withdraw their authority to conduct business in Oklahoma. This form is required to ensure that the process is handled correctly, reflecting the corporation’s intent to cease operations within the state. It's important to provide accurate information and attach any necessary documents to avoid delays. The following instructions will guide you through completing the form step by step.

  1. Begin by noting the filing fee at the top of the form, which is $100.00. Ensure that this amount is ready to be submitted along with the completed form.
  2. Under the section "Name of the corporation," enter the full legal name of the corporation as it is registered in the state or jurisdiction of its formation.
  3. If the corporation operates under a different name in Oklahoma, enter this fictitious name in the space provided.
  4. Indicate the state or other jurisdiction where your corporation was originally formed.
  5. Acknowledge the revocation of your registered agent's authority in Oklahoma by reading the statement in item 4 carefully. This section confirms that any legal actions arising from business conducted in Oklahoma can be served to the Oklahoma Secretary of State.
  6. Provide a mailing address for the service of process in the designated field, including street address, city, state, and zip code.
  7. The form must be signed by either the president or vice president of the corporation. Insert the date and affix the signature where indicated.
  8. The attesting officer, either the secretary or assistant secretary of the company, must attest to the form. Include the printed name and signature in the corresponding fields.
  9. Review all entered information for accuracy and completeness. Attach any required documents, such as a certificate of dissolution or a court order of dissolution if applicable.
  10. Once the form is complete and all attachments are included, mail the package along with the filing fee to the Oklahoma Secretary of State at the address provided on the form.

After the SOS 0017 form is successfully submitted, the next steps involve the Oklahoma Secretary of State processing your withdrawal request. This may include a review of the submitted documents and the verification of the information provided. Upon approval, your corporation's authority to do business in Oklahoma will be officially withdrawn. It's advised to keep a copy of the submitted form and any correspondence for your records. Should you have questions or require assistance during this process, contacting the Oklahoma Secretary of State's office directly is recommended.

FAQ

  1. What is the SOS 0017 form used for?
  2. The SOS 0016 form, known as the Certificate of Withdrawal, is utilized by foreign corporations seeking to formally withdraw their authority to conduct business in Oklahoma. This procedure is relevant for corporations that were initially registered to operate in Oklahoma but have since decided to cease operations or dissolve in the state. It's a crucial step for ensuring compliance with state laws after a corporation has stopped conducting business within Oklahoma.

  3. Who needs to file the SOS 0017 form?
  4. Any foreign (out-of-state) corporation that has been authorized to transact business in Oklahoma and wishes to terminate its business activities in the state must file the SOS 0017 form. This includes corporations that are dissolving, restructuring, or ceasing operations in Oklahoma for any reason.

  5. What information is required to complete the SOS 0017 form?
  6. To properly complete the SOS 0017 form, the following information must be provided:

    • Name of the corporation.
    • Fictitious name under which the company transacts business in Oklahoma, if applicable.
    • The state or jurisdiction where the corporation was originally incorporated.
    • A revocation of the corporation's registered agent's authority in Oklahoma.
    • An address for mailing service of process after withdrawal.
    • Signatures from the corporation's president or vice-president and attestation by the secretary or assistant secretary.

  7. Is there a filing fee for the SOS 0017 form?
  8. Yes, there is a filing fee of $100.00 required for the submission of the SOS 0017 form. This fee must be paid to the Oklahoma Secretary of State at the time of filing.

  9. Where should the SOS 0017 form be filed?
  10. The completed SOS 0017 form along with the necessary fee should be submitted to the Oklahoma Secretary of State at the address provided on the form: 2300 N Lincoln Blvd., Room 101, State Capitol, Oklahoma City, Oklahoma 73105-4897.

  11. What documents must be attached to the SOS 0017 form?
  12. If the corporation was dissolved in its jurisdiction of incorporation, a copy of the certificate of dissolution issued by the relevant authority must be attached. Additionally, if the corporation was dissolved by a court order, a certified copy of the order or decree must be included with the form.

  13. How does a corporation revoke the authority of its registered agent in Oklahoma through the SOS 0017 form?
  14. By completing the SOS 0017 form, the corporation expressly revokes the authority of its registered agent in Oklahoma to accept service of process. This action is formally acknowledged through the submission of the completed form to the Oklahoma Secretary of State.

  15. What happens after the SOS 0017 form is filed?
  16. Once the SOS 0017 form is received and processed by the Oklahoma Secretary of State, the foreign corporation is officially withdrawn from conducting business in Oklahoma. This means the corporation is no longer obligated to file annual reports or pay business registration fees in the state. However, it consents to being served via the Oklahoma Secretary of State for any legal actions that arise from its time of operation in Oklahoma.

  17. Can the SOS 0017 form be submitted electronically?
  18. The specific submission options for the SOS 0017 form, including electronic filing, should be verified with the Oklahoma Secretary of State's office. As procedures and options may vary or be updated, it is advisable to contact them directly or check their official website for the most current information.

Common mistakes

Filling out official forms can sometimes be a tricky process, and the SOS 0017 form, known as the Certificate of Withdrawal for a Foreign Corporation in Oklahoma, is no exception. Here are eight common mistakes people make when completing this form:

  1. Not attaching a copy of the certificate of dissolution if the corporation was dissolved in its home jurisdiction. This document is required to prove that the corporation is officially dissolved and qualifies for withdrawal.

  2. Forgetting to include a certified copy of the court order or decree if the corporation was dissolved by judicial action. This oversight can delay the processing of the withdrawal application.

  3. Entering incorrect information for the corporation’s name or, if applicable, the fictitious name it operates under within Oklahoma. Consistency with state records is crucial for validation purposes.

  4. Omitting the state or jurisdiction where the corporation was originally formed. This information helps Oklahoma's Secretary of State verify the entity's foreign status.

  5. Failing to revoke the authority of their registered agent in Oklahoma to accept service of process properly. This step is essential for fully withdrawing the corporation’s business presence in the state.

  6. Not providing a new address for the service of process. It’s vital to indicate where legal documents can be sent after withdrawal from Oklahoma, ensuring the corporation can be reached if needed.

  7. Mistakes in the execution section, including not having the certificate signed by the president or vice president and attested by the secretary or assistant secretary. These signatures are necessary for the form to be valid.

  8. Leaving the date of signing blank or incorrectly filled. The date provides a record of when the application was completed and submitted.

Avoiding these mistakes can streamline the withdrawal process, ensuring a smoother conclusion to a corporation's affairs in Oklahoma. Attention to detail and careful review of the form before submission can prevent unnecessary delays or complications.

Documents used along the form

When a foreign corporation decides to cease operations in Oklahoma, the Certificate of Withdrawal (SOS 0017) form becomes a crucial document. However, navigating the process of withdrawal often requires the submission of additional forms and documents to ensure compliance with legal requirements and to facilitate the smooth termination of business activities in the state. Below is a list of other forms and documents frequently used in conjunction with the SOS 0017 form.

  1. Certificate of Good Standing: Confirms the corporation is in compliance with state requirements and has met all regulatory obligations up to the date of withdrawal.
  2. Articles of Incorporation: The original document filed when the corporation was first established, detailing the corporation's structure and purpose.
  3. Statement of Appointment of Registered Agent: Indicates the appointment of a new registered agent, if applicable, or confirms the revocation of the registered agent’s authority as stated in the SOS 0017 form.
  4. Resolution of Withdrawal: A corporate resolution formally approving the withdrawal from Oklahoma and any related actions, such as the revocation of the registered agent’s authority.
  5. Certificate of Dissolution: If the corporation is dissolving entirely, not just withdrawing from Oklahoma, this document from the company's home state is necessary to prove the dissolution.
  6. Court Order or Decree of Dissolution: If the dissolution is ordered by a court, a certified copy of the court order must accompany the withdrawal documentation.
  7. Tax Clearance Certificate: Shows that the corporation has paid all its taxes and has no outstanding tax liabilities in Oklahoma.
  8. Annual Reports: Up-to-date filings that demonstrate the corporation’s compliance with annual reporting requirements prior to withdrawal.
  9. Notice of Withdrawal to Creditors: Advises creditors of the corporation's intended withdrawal from the state, specifying how claims against the corporation should be submitted.
  10. Consent to Service of Process: A form that designates the Oklahoma Secretary of State as the agent for service of process after withdrawal, for actions arising while the corporation was active in Oklahoma.

In sum, successfully withdrawing a foreign corporation from Oklahoma involves multiple steps and the submission of various documents beyond the SOS 0017 form. Each document serves a specific purpose, from demonstrating compliance with state laws and regulatory obligations to ensuring that all financial responsibilities are satisfied. Careful preparation and comprehensive understanding of the required documentation can ease the withdrawal process and help safeguard the corporation’s interests during this transitional phase.

Similar forms

The "Certificate of Name Change" is quite similar to the SOS 0017 form, as both involve official documentation filed with a state's Secretary of State to record a significant alteration pertaining to a business entity. Specifically, the "Certificate of Name Change" documents the process and approval of changing a corporation's name, similar to how the SOS 0017 form records the withdrawal of a foreign corporation's authority to conduct business in a jurisdiction. Both documents serve as critical updates to a corporation's status and ensure the public record reflects the current state of the entity. Additionally, these forms typically require essential information about the corporation, such as its name, state of incorporation, and an authorized signature to validate the document.

The "Articles of Incorporation" document shares similarities with the SOS 0017 form, as both are filed with the Secretary of State and mark crucial steps in a corporation's lifecycle. The "Articles of Incorporation" are used when a business is first establishing itself as a corporate entity in a particular state, detailing foundational information such as the corporation's name, purpose, and the names of its officers. In contrast, the SOS 0017 form is utilized towards the latter part of a corporation's lifecycle within a state, specifically when withdrawing its authority to operate there. Each document is vital for the official recognition of a corporation's status and its ability to legally conduct business.

The "Annual Report" filed by corporations is another document that bears resemblance to the SOS 0017 form. Both documents are required by the state for regulatory purposes and must be filed with the Secretary of State. The "Annual Report" provides a snapshot of the corporation's current status, including updates on officers, addresses, and business activities. Whereas the SOS 0017 form is used to notify the state of a foreign corporation's cessation of business activities within the state, both forms facilitate ongoing communication between the corporation and the state, ensuring that the public record accurately reflects the corporation's operational status.

A "Certificate of Good Standing" is also parallel to the SOS 0017 form in its function of documenting a corporation’s status with the state. This certificate is a testament from the Secretary of State that a corporation is in compliance with state regulations and is authorized to conduct business. It's often required for transactions, such as opening bank accounts or conducting business across state lines. While the SOS 0017 form signifies a corporation's intention to cease operations in a state, the "Certificate of Good Standing" affirms its compliance and legitimacy during its operational period. Both documents are integral to the administrative life of a corporation, dealing with its legitimacy and status recognition.

Lastly, the "Foreign Qualification" document is closely related to the SOS 0017 form but from an opposite standpoint. When a corporation intends to extend its business operations into a new state, it must file a "Foreign Qualification" to gain authorization to legally conduct business there. This involves specifying the corporation's name, the state of original incorporation, and the business's purpose within the new state, among other details. In contrast, the SOS 0017 form is concerned with the withdrawal of such permissions. Essentially, the "Foreign Qualification" is the beginning phase of a corporation's relationship with a state, while the SOS 0017 marks its end, both outlining the corporation’s operational boundaries within specific jurisdictions.

Dos and Don'ts

When completing the SOS 0017 form, which is required for a foreign corporation to withdraw its authority to transact business in the state of Oklahoma, attention to detail and accuracy is crucial. Here are guidelines to follow:

Do:
  • Ensure all information is current and accurate: Double-check the corporation’s name, the fictitious name (if applicable), and the jurisdiction of its formation for accuracy.
  • Attach necessary documents: If the corporation was dissolved, remember to attach a certified copy of the certificate of dissolution or the court order or decree.
  • Provide a correct address for service of process: This address will be used for any legal documents sent to the corporation.
  • Use the official titles: The form must be signed by either the president or vice president and attested by the secretary or assistant secretary.
  • Include the signing date: Don't forget to fill in the date when the form was signed.
  • Check the filing fee: Ensure the correct amount, which is $100.00, is prepared for submission with the form.
Don't:
  • Omit any sections: Each part of the form is important and must be completed to withdraw properly.
  • Misplace the form: Keep a copy of the form and any attached documents for your records before sending it to the Oklahoma Secretary of State.
  • Use nicknames or abbreviations: When entering the corporation name or the names of the officers, use full, legal names without abbreviations.
  • Delay the submission: Submit the form in a timely manner to avoid any legal or operational complications for the corporation.
  • Forget to review for errors: Before submitting, review the entire form and attachments for any mistakes or omissions.

By following these guidelines carefully, you can ensure the process of withdrawing a foreign corporation's authority to transact business in Oklahoma is smooth and free from delays.

Misconceptions

There are several misconceptions about the SOS 0017 form, or the Certificate of Withdrawal for a Foreign Corporation, that need to be clarified. Understanding these misconceptions is crucial for any corporation looking to withdraw its authority to transact business in Oklahoma.

  • Misconception 1: Any employee can sign the SOS 0017 form.

    In reality, this form must be signed by the president or vice president and attested to by the secretary or assistant secretary of the corporation. This ensures accountability and the accurate representation of the corporation's intent.

  • Misconception 2: The form is valid without attaching dissolution documents.

    If the corporation was dissolved in its jurisdiction of incorporation, a certificate of dissolution or a certified court order must be attached, contrary to what some may believe.

  • Misconception 3: Filing the form terminates all obligations in Oklahoma immediately.

    While filing the SOS 0017 form withdraws a foreign corporation’s authority to do business in Oklahoma, it does not absolve the corporation from obligations or actions that arose during its time of operation in the state.

  • Misconception 4: The filing fee is optional or varies.

    The filing fee for the SOS 0017 form is a fixed amount of $100.00. This fee is mandatory and does not vary.

  • Misconception 5: The form can be filed even if the corporation is still active in its home state.

    This form is specifically for corporations that have been dissolved or are in the process of dissolution in their jurisdiction of incorporation or by a court order.

  • Misconception 6: The form provides an immediate update in the Secretary of State’s records.

    Processing times can vary, and filing the form does not guarantee an immediate update in the Secretary of State’s records.

  • Misconception 7: A foreign corporation can use this form to transfer its incorporation to Oklahoma.

    The SOS 0017 form is strictly for withdrawing authority to conduct business in Oklahoma, not for transferring incorporation or converting to an Oklahoma corporation.

  • Misconception 8: Electronic signatures are acceptable.

    The form requires a wet signature from the authorized officers. Electronic signatures are not mentioned as acceptable, highlighting the importance of submitting signed original documents.

It's imperative for corporations to thoroughly understand these aspects of the SOS 0017 form to ensure compliance with Oklahoma state laws and regulations. Misinterpretations can lead to delays or complications in the withdrawal process.

Key takeaways

Filling out the SOS 0017 form is a critical process for foreign corporations seeking to officially cease their business operations in Oklahoma. Below are key takeaways to ensure the form is completed accurately and effectively.

  • All foreign corporations must attach a copy of the certificate of dissolution from the jurisdiction of their incorporation if dissolved there, ensuring the Oklahoma Secretary of State has definitive proof of the corporation's dissolution status.
  • If dissolution occurred through a court order or decree, a certified copy of either document must be attached, providing legal verification of the corporation's dissolution by judicial means.
  • The form requires the official name of the corporation as registered in its home jurisdiction to accurately identify the entity within Oklahoma's official records.
  • If operating under a different name in Oklahoma, the form mandates disclosing this fictitious name to align withdrawal documentation with the state's business activity records.
  • Corporations must specify the state or jurisdiction of their formation, which helps delineate between domestic and foreign entities within Oklahoma's regulatory framework.
  • By completing the form, the corporation revokes its Oklahoma registered agent's authority to accept service of process, shifting this responsibility to the Oklahoma Secretary of State for matters arising during the corporation's operational period in the state.
  • An address outside of Oklahoma must be provided to which legal documents can be sent, ensuring ongoing communication regarding any legal actions initiated against the corporation.
  • The certificate of withdrawal demands signatures from high-ranking officials, typically the president or vice-president, along with attestation by the secretary or assistant secretary, emphasizing the form's legal importance.
  • A filing fee of $100.00 is required with the submission of the SOS 0017 form, which covers the administrative costs associated with processing the withdrawal.
  • The completed form must be sent to the Oklahoma Secretary of State's office, located at 2300 N Lincoln Blvd., Room 101, State Capitol, Oklahoma City, Oklahoma, emphasizing the need for accuracy and completeness to avoid processing delays.

Thoroughly understanding and adhering to these guidelines when completing the SOS 0017 form will ensure that the process of withdrawing a foreign corporation's authority to do business in Oklahoma is executed smoothly and without legal complication.

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