SECTION 660:20-3-1. Registration procedure

(a)   Applications filed with OILSR. Application for registration of subdivided land shall be made by submitting to the Administrator at the office of the Department two (2) complete copies of a full registration filed with the OILSR and the OILSR certificate of registration, provided, however, that only one copy of the exhibits to the OILSR filing shall be filed with the Administrator.

(b)   Applications on Form LRF-625. In the event subdivided lands are not to be registered with the OILSR, then a registration shall be undertaken by filing with the Administrator a completed Form LRF-625, adopted by the Administrator as the application form for registration of subdivided lands.

(c)   Exhibits and additional information. Any information required by Section 625 of the Land Sales Act which is not included, or not sufficiently covered in the form of OILSR registration, or any condensed version thereof, shall be covered, expanded or explained by attaching additional sheets to the copies of the OILSR form of registration when necessary and where appropriate. All instruments, documents and other exhibits required by Section 625 of the Land Sales Act shall be included in the registration and those not otherwise attached or included in the form of registration requried by OILSR must be added and attached as exhibits to the copies of the registration submitted to the Administrator for filing with the Department. Only one of each required exhibit shall be filed and such exhibits shall include, when applicable, but shall not be limited to the following:

(1)   When the subdeveloper is a corporation or limited partnership, or if applicable a joint stock company, or business trust, which must be domesticated in Oklahoma to do business in Oklahoma, a copy of a certificate of domestication issued by the Secretary of state of Oklahoma, or if applicable other evidence of authority to do business in Oklahoma.

(2)   If the subdivider is an unincorporated association, joint stock company, business trust or a general partnership using a fictitious name or any other form of business organization which may not file with the Secretary of state of Oklahoma, but which may be required to file copies of a trust instrument or certificates of fictitious name or a similar document with the clerk of the Oklahoma District Court in districts where company offices are located, real estate is owned or business is principally conducted, then a certified copy of each such filed document shall be attached as an exhibit.

(3)   If the subdivider is a trustee, a certified copy of all instruments by which the trust was created or declared, and in which it is accepted and acknowledged.

(4)   If the subdivider is a partnership or unincorporated association, or joint stock company or similar form of business organization, a certified copy of its articles of partnership or association and all other papers pertaining to formation and governance of the organization.

(5)   An executed "Consent to Service of Process" irrevocably appointing the Administrator of the Department or his successor in office, as attorney to receive service of any lawful process in any noncriminal suit, action or proceeding against the applicant or his successor, executor or administrator which arises under the Land Sales Act or any rule or order issued thereunder after the Consent has been filed, with the same validity as if served personally on the person filing the Consent, all as provided in Subsection A of Section 664 of the Land Sales Act, and such "Consent to Service of Process" should be generally in the form of the Uniform Form U-2 promulgated and recommended by the North American Securities Administrators Association.

(6)   A uniform form of "Corporate Resolution," or in the case of another form of business organization, a substantially similar and appropriate resolution, as applicable generally in the form of the Uniform Form U-2A as promulgated by the North American Securities Administrators Association.

(7)   A list of all persons who are intended or expected to represent or assist the subdivider in selling or disposing the subdivided land to Oklahoma residents.

(8)   A copy of agency franchise agreements, sales agreements and a copy of any agreements between the subdivider and salesmen and brokers.

(9)   A detailed statement of the plan under which the subdivider proposes to develop the subdivision, offer and sell lots and generally transact business, sworn to or affirmed by an officer of the subdivider or a person occupying a similar position.

(10)   A copy of all advertising material intended to be used for distribution, publication, or otherwise in connection with the subdivided land.

(11)   An exact description of the real estate to be sold.

(12)   A map or plat prepared by an independent, registered professional land surveyor showing the boundaries, dimensions, setback lines, roads, utility easements, public easements and all other similar information regarding the subdivided land including all common areas and lots of the subdivision.

(13)   Copies of all zoning restrictions and deed restrictions affecting any of the subdivided land included in the filing.

(14)   Copies of conveyances, bearing public record book and page number, by which the subdivider or owner acquired title. If the subdivider does not own the property, also attach copies of all instruments which give the subdivider authority to sell.

(15)   Copies of all instruments presently creating liens, mortgages, encumbrances, reservations or defects upon or otherwise affecting the use or title of land included in the filing. The documents shall reflect the book and page number of the public records where they are recorded.

(16)   A list of units by lot number and section number, as applicable, which relates each lot to all improvements which are dependent upon future performance according to any promise made by the subdivider.

(17)   An up-to-date, current copy of either a master title insurance policy providing coverage for the purchasers of lots or a specimen copy of individual title insurance policies which will provide coverage for the purchasers of lots and an independent, as described in Section 625 of the Land Sales Act, attorney's title opinion regarding title to the subdivided land included in the filing and a consent to use the opinion in connection with the registration.

(18)   A copy of the sales contract, including contract for a deed if applicable, to be used.

(19)   A copy of any note, including mortgage note, to be used.

(20)   A copy of the deed or other instrument to be used by the subdivider in conveying title to the purchasers.

(21)   A copy of any mortgage trust escrow agreement.

(22)   A copy of any improvement escrow agreement.

(23)   A copy of an independent licensed engineer's report regarding the soil and topography of the subdivided land, and a consent to use the report in connection with the registration.

(24)   A copy of any and all contracts for franchises with public utility companies or copies of all documents and instruments providing arrangement for services and facilities in lieu of those provided by any public utility companies.

(25)   A copy of any and all completion bonds, performance bonds and agreements with public authorities which guarantee completion of improvements.

(26)   A copy of all contracts or agreements to be used between any salesmen and the ultimate purchaser.

(27)   An opinion of counsel regarding the legality of the proposed offering of subdivided land and a consent to use such opinion in connection with the registration.

(28)   Audited financial statements including a schedule of real estate assets, and a consent to use the opinion of the independent accountant in connection with the registration.

(29)   Three (3) copies of the Public Offering Statement, for which the federal Property Report with supplements may be used.

(d)   Filing fee. Each Application for Registration shall be accompanied by payment to the Department of the statutory filing fee of Two Hundred Fifty Dollars ($250.00) plus one dollar for each lot included in the offering.

(e)   Examination fees. After filing the Application for Registration and prior to the registration becoming effective, the subdivider shall deposit with the Department, upon request by the Administrator, such amounts as may be reasonably expected to be incurred as expenses by the Administrator and/or his designated representative(s) in the investigation of the subdivision as provided in any or all parts of Subsection E of Section 627 of the Land Sales Act.