Okla. Stat. tit. 16, sec 12.2

Rebuttable Presumptions Concerning Corporate Instruments Executed in Proper Form

Adopted as 33, December 1959, 30 O.B.A.J. 2091, 2092 (1957). Statutory citation in first group of "Authorities" changed to "6 O.S. § 414" from "6 O.S. § 108(f)" to reflect statutory amendment, December 3, 1966, Resolution No. 4, 1966 Real Property Committee, 37 O.B.A.J. 2382, 2383 (1966) and adopted by House of Delegates, id . at 2538, 2539. Substantial changes in second paragraph of standard recommended by 1983 Title Examination Standards Committee, 54 O.B.J. 2379, 2381-82 (1983), approved by Real Property Section, November 3, 1983, and adopted by House of Delegates, November 4, 1983. The final "Comment" was added by the Real Property Section before its approval. In 1986, the Oklahoma Legislature revised Title 18. As a result, the 1987 Title Examination Standards Committee recommended changing many of the statutory citations included in this standard. It was also recommended that the fifth (now sixth) paragraph of the body of the standard be amended to reflect the change in significance of the subject matter of that paragraph prior to and after the 1986 amendments, 58 O.B.J. 2839, 2842 (1987). These recommendations were approved by the Real Property Section, November 12, 1987, and adopted by the House of Delegates, November 13, 1987. The 1988 amendment to 16 O.S. § 27a changing from ten (10) to five (5) years the period of recordation necessary to cure defective corporation executions, acknowledgments, recordings or certificates of recording was reflected in the proposal in the 1988 Report of the Title Examination Standards Committee, 59 O.B.J. 3098, 3102-03 (1988) to conform this standard to the amended statute. The Real Property Section approved the proposal, December 8, 1988 and the House of Delegates adopted it, December 9, 1988. In 1994 the legislature amended Title 16 O.S., prompting the 1995 Title Examination Standards Committee to recommend a complete rewriting of this standard to reflect the impact of the new statutes on corporate executions, jurisdictional issues and the use of affidavits. 66 O.B.J. 3256, 3257 (10/21/95). The Real Property Section approved the Committee's recommendation on November 9, 1995; the House of Delegates adopted it on November 10, 1995, 66 O.B.J. 3751 (1995).

Title Examination Standards
Chapter 1, App.
Chapter 12. Corporations
§12.2. Rebuttable Presumptions Concerning Corporate Instruments Executed in Proper Form.

A. the persons executing the instrument were the officers they purported to be, B. the officers were authorized to execute the instrument on behalf of the corporation, C. the corporation was authorized to acquire and sell the property affected by the recorded instrument, and D. the corporation was legally in existence when the instrument was executed.
From and after September 1, 1994, recorded instruments must be signed on behalf of a domestic corporation by a president, vice president, chairman or vice chairman of the board of directors. A corporate instrument executed in another state may be accepted if it is executed either by the proper officers under Oklahoma law or by the proper officers under the laws of the state where the instrument was executed.
Before September 1, 1994, corporate instruments were required to be executed by a corporate president or vice president, attested by a corporate secretary or assistant secretary, and impressed with the corporate seal. Instruments from banks could be attested by a cashier or assistant cashier.
Authority: 16 O.S. §§ 53; 93.

If a recorded instrument from a corporation is executed and acknowledged in proper form, the title examiner may presume that:

In 1986, the Oklahoma Legislature revised Title 18. As a result, the 1987 Title Examination Standards Committee recommended changing many of the statutory citations included in this standard. It was also recommended that the fifth (now sixth) paragraph of the body of the standard be amended to reflect the change in significance of the subject matter of that paragraph prior to and after the 1986 amendments, 58 O.B.J. 2839, 2842 (1987). These recommendations were approved by the Real Property Section, November 12, 1987, and adopted by the House of Delegates, November 13, 1987.

The 1988 amendment to 16 O.S. § 27a changing from ten (10) to five (5) years the period of recordation necessary to cure defective corporation executions, acknowledgments, recordings or certificates of recording was reflected in the proposal in the 1988 Report of the Title Examination Standards Committee, 59 O.B.J. 3098, 3102-03 (1988) to conform this standard to the amended statute. The Real Property Section approved the proposal, December 8, 1988 and the House of Delegates adopted it, December 9, 1988.

In 1994 the legislature amended Title 16 O.S., prompting the 1995 Title Examination Standards Committee to recommend a complete rewriting of this standard to reflect the impact of the new statutes on corporate executions, jurisdictional issues and the use of affidavits. 66 O.B.J. 3256, 3257 (10/21/95). The Real Property Section approved the Committee's recommendation on November 9, 1995; the House of Delegates adopted it on November 10, 1995, 66 O.B.J. 3751 (1995).