Okla. Stat. tit. 16, sec 12.3

Conclusive Presumptions Concerning Instruments Recorded for More Than Five (5) Years

In 1994 the legislature amended Title 16 O.S., prompting the 1995 Title Examination Standards Committee to adopt this new standard (utilizing the number of the previously repealed standard relating to attestation, which is no longer required on corporate instruments) to reflect the impact of the new statutes on corporate executions,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). The 1999 Title Examination Standards Committee recommended amending the standard because 16 O.S. § 94, requiring attestation of the corporate seal on deeds executed by a corporation, had been repealed more than five years previously. The repeal of said statue and the passage of the five years were deemed to obviate the need to cure a now non-existent defect 70 O.B.J. 2931, 2939 (10/16/1999). The Real Property Section approved the recommendation on November 11, 1999; the House of Delegates adopted it on November 12, 1999. 70 O.B.J. 3376 (11/20/1999). The Title Examination Standards Sub-Committee recommended a change in Title Standards 12.3 and 12.5 to reflect that the standards apply to all legal entities. The Real Property Law Section approved, November 18, 2010, and the House of Delegates adopted the proposal on November 19, 2010. (superseded document available) The 2020 Title Examination Standards Sub-Committee of the Real Property Law Section recommended the following editorial changes to the Title Standards as they appear on OSCN to bring the printed handbook and OSCN into conformity. The Real Property Section approved the proposal, and the House of Delegates adopted the amendment on November 13, 2020. (superseded document available)

Title Examination Standards
Chapter 1, App.
Chapter 12. Corporations
§12.3. Conclusive Presumptions Concerning Instruments Recorded for More Than Five (5) Years.

A. the instrument has not been signed by the proper representative of the legal entity, B. The representative is not authorized to execute the instrument on behalf of the legal entity, C. the instrument is not acknowledged, and D. any defect in the execution, acknowledgment, recording or certificate of recording the same.
Authority: 16 O.S. §§ 1 & 27a.

The following defects may be disregarded after an instrument from a legal entity has been recorded for five (5) years:

The 1999 Title Examination Standards Committee recommended amending the standard because 16 O.S. § 94, requiring attestation of the corporate seal on deeds executed by a corporation, had been repealed more than five years previously. The repeal of said statue and the passage of the five years were deemed to obviate the need to cure a now non-existent defect 70 O.B.J. 2931, 2939 (10/16/1999). The Real Property Section approved the recommendation on November 11, 1999; the House of Delegates adopted it on November 12, 1999. 70 O.B.J. 3376 (11/20/1999).

The Title Examination Standards Sub-Committee recommended a change in Title Standards 12.3 and 12.5 to reflect that the standards apply to all legal entities. The Real Property Law Section approved, November 18, 2010, and the House of Delegates adopted the proposal on November 19, 2010. (superseded document available)

The 2020 Title Examination Standards Sub-Committee of the Real Property Law Section recommended the following editorial changes to the Title Standards as they appear on OSCN to bring the printed handbook and OSCN into conformity. The Real Property Section approved the proposal, and the House of Delegates adopted the amendment on November 13, 2020. (superseded document available)