Okla. Admin. Code § 165:30-3-51

Current through Vol. 41, No. 19, June 17, 2024

Section 165:30-3-51 - Name changes

(a) An application to change the name or business name of the holder of an intrastate motor carrier license, without any change in the legal identity of the holder or any change in the ownership of the license, except as provided in subsections (c), (d) or (e) below, shall be filed on the appropriate form prescribed (TDF3) under the permanent PIN of the holder with appropriate sub-number designation and with such filing fee as prescribed by law or by Commission rule. 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 an intrastate motor carrier license, except as provided in subsections (c), (d) or (e) below, 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 license.

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

(d) A change in legal entity from a corporation, limited liability corporation or a limited liability partnership to a sole proprietorship, a partnership, a limited liability corporation or a limited liability partnership in which the sole proprietor, partners or shareholders hold the majority of all issued and outstanding shares of the corporation shall be deemed a name change.

(e) The merger of two or more corporations in which the survivor is the holder of a current license shall be deemed a name change.

(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 not be deemed a name change.

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

Okla. Admin. Code § 165:30-3-51

Amended at 12 Ok Reg 1005, eff 1-1-95 (emergency); Amended at 12 Ok Reg 2077, eff 7-1-95; Amended at 13 Ok Reg 2419, eff 7-1-96