Summary
The fact that you may need to register with state agencies like Oklahoma Secretary of State is a sneaky misconception that many folks miss.
However, with the rise of remote work, states have begun cracking down and levying penalties for those who (unknowingly) fail to register.
If you're considering operating in Oklahoma, use this guide to:
- Explore the that triggers the need to register with the Oklahoma Secretary of State, including criteria such as physical presence, economic activity, and advertising efforts.
- Determine where and how to register with the Oklahoma Secretary of State.
- Understand additional requirements such as Registered Agents, registration with other state departments, and ongoing annual reports.
What criteria would trigger the requirement to register with the Oklahoma Secretary of State?
Factors Oklahoma Considers "Doing Business"
Physical Presence: Having any of the following in Oklahoma generally creates a strong presumption you're doing business in the state:
- An office, store, warehouse, or other physical location.
- Employees or representatives based in Oklahoma.
- Owning or leasing property (real estate or tangible property) in Oklahoma.
Economic Activity: Engaging in these activities in Oklahoma typically indicates you're doing business:
- Selling goods or services to Oklahoma customers (even through e-commerce or remote sales).
- Providing services within Oklahoma.
- Soliciting or receiving orders within Oklahoma, even if they are filled from outside the state.
- Regularly engaging in business transactions within the state.
Specific Examples The following are likely considered doing business in Oklahoma:
- Operating a physical retail store or restaurant in Oklahoma.
- Maintaining a warehouse or distribution center in Oklahoma to fulfill orders.
- Having a sales team that regularly visits Oklahoma clients.
- Providing consulting, repair, or other professional services to clients in Oklahoma.
- Selling products to Oklahoma residents through an online store or marketplace.
Nexus and Sales Tax Oklahoma follows the concept of nexus – having a sufficient connection with the state to create a tax obligation. Both physical presence and significant economic activity can establish nexus. Oklahoma has specific sales thresholds for remote sellers that trigger sales tax collection obligations.
Where do I register, and what else is required?
- A Certificate of Good Standing is required (dated within the past 60 days)
In addition:
A Registered Agent is required to serve as the company's physical in-state presence to receive important legal documents. Do not fall victim to the common misconception that you can leverage an in-state employee as your Registered Agent. It's far too risky.
You'll want to review the other registrations required in Oklahoma. Here's a Oklahoma specific guide we put together.
What is the registration fee?
The fee charged by Oklahoma is $300.
How long does Oklahoma usually take to process?
Oklahoma usually takes approximately 1 - 2 weeks to process registrations.
What is required ongoing?
Each state has a complex schedule of required annual reports, which can vary by entity type. Let's take a look at Oklahoma's:
C-Corporation
- Filing Date: By the end of the registration anniversary month
- Filing Frequency: Annual
LLC
- Filing Date: By the end of the registration anniversary month
- Filing Frequency: Annual
Non-Profit
- Filing Date: by the end of the registration anniversary month
- Filing Frequency: Annual
There is an Easier Way
Automate registration and annual report tracking in AbstractOps.This guide should definitely help reduce some of the confusion for Oklahoma. However, if you have multiple states to worry about, you may look to:
Automate state registrations and annual reports
Centralize email, snail mail, state ID’s, and registered agents, and
Take control of action items, eliminating risks before they become penalties.
Start the AbstractOps product demo to see how easy this can be.
Note: For the avoidance of doubt, nothing provided here shall contemplate, constitute or include tax or legal advice. Always double check with state agency websites for the most up-to-date requirements.
