Okla. Admin. Code § 165:30-13-51

Current through Vol. 42, No. 1, September 16, 2024

Section 165:30-13-51 - Name changes

(a) An application to change the name or business name of the holder of an motor carrier of household goods certificate, without any change in the legal identity of the holder or any change in the ownership of the certificate, shall be filed on the appropriate form prescribed (TDF 3) under the permanent PIN of the holder with appropriate sub-number designation and with such filing fee as prescribed by law or by OAC 165:5. No notice or hearing shall be necessary unless the Commission so requires. Notice, if required, shall be as the Commission shall direct.

(b) Any change in legal identity of the holder of a motor carrier of household goods certificate, including but not limited to incorporation or dissolution of a corporation, formation or dissolution of a partnership or creation or dissolution of a trust shall require an original application for a certificate.

(c) Incorporation by a sole proprietor in which the sole proprietor is the sole shareholder of the corporation shall be deemed a name change. Incorporation by a partnership in which the partners are the sole shareholders of the corporation shall be deemed a name change.

(d) The merger of a corporate holder of a motor carrier of household goods certificate with another corporation under circumstances that the holder is not the survivor therein, shall require an original application for a certificate.

(e) The acquisition, through stock ownership or otherwise, of operating control of the business of the holder of a motor carrier of household goods certificate, by another holder of a certificate or by majority stockholders of a corporate holder, shall require an original application for a certificate.

(f) The transfer of stock in a corporation that shall result in any entity controlling fifty one percent (51%) or more of the aggregate number of voting shares of the corporation, shall require an original application for a certificate.

(g) The employment of incorporation, stock transfer, merger, change of name or similar action directly or indirectly as a device to circumvent the rules of this Chapter is prohibited.

Okla. Admin. Code § 165:30-13-51

Added at 12 Ok Reg 2077, eff 7-1-95; Amended at 27 Ok Reg 1773, eff 7-1-10