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Is Your Company Thinking Of Doing A Name Change?

The Oklahoma
Corporation Commission (OCC) must be advised in writing of any name change
within thirty (30) days of the change. Determination will be made by
the OCC Surety Section based on the following information, if a new operator
number will be necessary to be assigned or whether the company may retain
the current operator number issued under the company's prior name.
If the name change
involves a CORPORATION:
Did the operator have
to...
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file "Amended
Articles of Incorporation" with the Oklahoma Secretary of State (it
does not matter whether the Corporation was domestic or foreign).
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file with the
Internal Revenue Service (IRS) for a new Federal Employer
Identification (FEI) number, if so, then a new operator number will
have to be assigned. If the IRS did not require a new FEI number
than the old operator number will remain in effect, but, the Operator,
will need to provide to the Surety Department a notarized letter on
letter head that the IRS had determined that a new FEI number was not
necessary.
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If "Amended
Articles" were filed and the FEI number remained the same--the company
can keep the current operator number. Prior to changing the name
on the OCC records, a copy of the "Amended Certificate of Good
Standing" from the Oklahoma Secretary of State must be received along
with a letter requesting the name change and stating that the FEI
number shall remain the same.
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If there has been
a merger between two (2) corporations, one has been dissolved and the
other surviving, then the operator number of the surviving corporation
will be retained and the Form 1073 and 1073I are required to be filed
to change the operatorship on the wells still listed under the
non-surviving company name.
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When the
corporation experiences a Reorganization, Revival, or Reincorporation
the FEI Number remains the same, no new operator number will be
required.
If the name change
involves a PARTNERSHIP: ...
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If a majority of
the membership changes, then a new operator's number will be required.
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In a husband/wife
partnership, a divorce will always constitute the need for a new
operator's number.
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In a husband/wife
partnership when one of the other becomes deceased, this constitutes a
change from a partnership to a sole proprietor and a new operator
number will be required (unless this was the only marriage for both the
husband and wife, in which case the surviving spouse can keep the same
number). If the surviving spouse remarries, a new number will
need to be issued.
If the name change
involves a SOLE PROPRIETORSHIP: ...
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If the operator
changes their name, it is generally a new owner and a new operator
number will be required.
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If the sole owner
was originally set using their initials and the change reflects that
they now want to use their full name, the OCC can use the same number,
if the operator provides to the OCC a letter requesting such a change.
(The same procedure will hold true for any company formerly using
initials, and now wanting the name spelled out, providing the company
officers have not changed from the last filing of their Form 1006B).
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If the operator
was previously a sole proprietorship and has now formed a new
corporation:
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If a new FEI number has
been issued, then the new operator number will need to be issued.
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If previously
the operator has always filed using a Social Security Number and
now has a FEI number, then the operator number can remain the
same.
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If the FEI
number remains the same, the operator can retain the same operator
number, but a copy of the "Articles of Incorporation" must be
provided to the OCC
For specific questions concerning name changes
contact one of the following:
Surety Department of the Oklahoma Corporation
Commission at 405-521-2246 or 405-522-6196
Taxpayer Assistants of the Oklahoma Tax
Commission at 405-522-5883 or 405-522-5884
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