Okla. Stat. tit. 71 § 1-612

Current through Laws 2024, c. 453.

Section 1-612 - Fees

A. Unless otherwise provided for by law, the following shall be the fees charged pursuant to the provisions of this act:

1. Broker-dealer registration fee or renewal fee..............................	$300.00
2. Broker-dealer or issuer agent or broker-dealer principal registration fee or renewal fee..........	$50.00
3. Broker-dealer agent on an inactive basis, renewal fee.......................	$10.00
4. Investment adviser registration fee or renewal fee...........................	$300.00
5. Investment adviser annual notice filing fee...............................	$300.00
6. Investment adviser representative registration fee or renewal fee..........	$50.00
7. Mass transfer fee.........................	$10.00 per transferee
8. Mailing list fee..........................	$30.00 per year
9. Review of sales literature package........	$50.00
10. Broker-dealer or investment adviser financial or operating reports...........	$50.00
11. Issuer sales reports......................	$50.00
12. Notice of exemption filing or request for order of exemption...........	$250.00
13. Interpretive opinion or no-action request..................................	$250.00
14. Affidavit request.........................	$10.00
15. Service of process upon the Administrator............................	$10.00
16. Amendments to registration statements or notice filings pursuant to Section 1-302 of this title involving changes to the issuer's application or notice filing form:
a. examination fee.....................	$50.00, and
b. a filing fee computed in the same manner as the filing fee required pursuant to of subsection B of this section for any additional securities being registered.
17. Copying fee.
a. 8 1/2" by 14" or smaller............	$.25 per page
b. Larger than 8 1/2" by 14"...........	$1.00 per page
c. Certified copy 8 1/2" by 14" or smaller..........................	$1.00 per page
d. Certified copy larger than 8 1/2" by 14".........................	$2.00 per page
18. Document search fee for commercial purpose..................................	$20.00 per hour
19. Notice filing fee for a federal covered security under Section 18(b)(4)(D)(ii) and (b)(4)(F) of the Securities Act of 1933 (15 U.S.C. Section 77r(b)(4)(D)(ii) and (b)(4)(F)............................	$250.00
20. Late fee for late notice filing for a federal covered security under Section 18(b)(4)(F) of the Securities Act of 1933 (15 U.S.C. Section 77r(b)(4)(F).....................	$250.00

B. For the purpose of registering securities under this act, any person filing a registration statement shall pay an examination fee of Two Hundred Dollars ($200.00) and a filing fee computed upon the aggregate offering price of the securities sought to be registered in Oklahoma as follows:

a fee equal to one-tenth of one percent (1/10 of 1%) of said price; provided, in no event shall the filing fee be less than Two Hundred Dollars ($200.00) or more than Two Thousand Five Hundred Dollars ($2,500.00).

C. Any person making a notice filing pursuant to subsection A of Section 1-302 of this title, or renewing such a filing, shall pay a filing fee of Five Hundred Dollars ($500.00) with each such notice or renewal filed.

D. A person required to pay a filing or notice fee under this section may transmit the fee through or to a person designated by rule adopted or order issued under this act. All fees and other charges collected by the Administrator shall be deposited in the General Revenue Fund with the State Treasurer, except for the fees deposited in the Oklahoma Department of Securities Revolving Fund and the amounts deposited in the Oklahoma Department of Securities Investor Education Revolving Fund.

E. There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Securities to be designated the "Oklahoma Department of Securities Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of fees and other charges collected by the Administrator as follows:

1. The fees collected pursuant to paragraphs 1, 4, 5, 8, 14, 15, 17 and 18 of subsection A of this section;

2. The fees collected pursuant to the provisions of Section 1504 of this title as provided in paragraph 9 of subsection A of this section;

3. The examination fees designated in paragraph 16 of subsection A and in subsection B of this section;

4. The amounts collected pursuant to subsection D of Section 1605 of this title set forth in paragraph 13 of subsection A of this section; and

5. One Hundred Fifty Dollars ($150.00) of each filing fee collected pursuant to subsection C of this section.

The Oklahoma Department of Securities Revolving Fund shall be a continuing fund, not subject to fiscal year limitations. Expenditures from the Oklahoma Department of Securities Revolving Fund shall be made pursuant to the laws of this state and the statutes relating to the Oklahoma Department of Securities, and without legislative appropriation. Expenditures from the Oklahoma Department of Securities Revolving Fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.

F. There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Securities to be designated the "Oklahoma Department of Securities Investor Education Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all amounts collected pursuant to court order or judgment in actions brought by the Administrator, and amounts received in multistate settlements participated in by the Department, and interest attributable to the investment of the fund that shall be deposited in the Oklahoma Department of Securities Investor Education Revolving Fund. The Fund may be invested in any investment instrument allowed by Oklahoma Statutes to the State Treasurer for the investment of state funds. Any amounts received from any court settlement in excess of One Million Dollars ($1,000,000.00) shall be transferred to the General Fund. The Administrator shall use the moneys in this fund exclusively for the specific purposes of research for education and education of Oklahoma residents in matters concerning securities laws and general investor protection. The Oklahoma Department of Securities Investor Education Revolving Fund shall be a continuing fund, not subject to fiscal year limitations. Expenditures from the Oklahoma Department of Securities Investor Education Revolving Fund shall be made pursuant to the laws of this state and the statutes relating to the Oklahoma Department of Securities, and without legislative appropriation. Expenditures from the Oklahoma Department of Securities Investor Education Revolving Fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.

G. There is hereby created a petty cash fund for the Oklahoma Department of Securities. The Director of the Office of Management and Enterprise Services and the Administrator are hereby authorized and it shall be their duty to fix the maximum amount of the petty cash fund, not to exceed Five Hundred Dollars ($500.00). The Director of the Office of Management and Enterprise Services shall prescribe all forms, systems, and procedures for administering the petty cash fund. The fund shall be used solely to pay:

1. Examination, investigation and litigation expenses of the Department, including, but not limited to, court costs, filing fees, copying fees, and witness fees; and

2. Incidental operating expenses of the Department not to exceed One Hundred Dollars ($100.00) per transaction.

H. Once paid, fees shall be nonrefundable.

I. Section 211 of Title 62 of the Oklahoma Statutes shall not apply to the Oklahoma Department of Securities or the Oklahoma Securities Commission.

Okla. Stat. tit. 71, § 1-612

Amended by Laws 2022 , c. 77, s. 41, eff. 11/1/2022.

Laws 2003 , SB 724, c. 347, § 50, eff. 7/1/2004; Amended by Laws 2004 , HB 2068, c. 265, § 1, eff. 7/1/2004; Amended by Laws 2012 , HB 3079, c. 304, § 644.