Okla. Stat. tit. 16, sec 12.5 – Powers of Attorney By Legal Entities

Title Examination Standards
Chapter 1, App.
Chapter 12. Corporations
§12.5. Powers of Attorney By Legal Entities.

A. If a recorded instrument has been executed by an attorney-in-fact on behalf of a legal entity, the examiner should accept the instrument if:
1. 1. the power of attorney authorizing the attorney-in-fact to act on behalf of the legal entity is executed in the same manner as a conveyance by a legal entity,
2. 2. the power of attorney is recorded in the office of the county clerk,
3. 3. the power of attorney shows that the attorney-in-fact had the authority to execute the recorded instrument, and
4. 4. the power of attorney was executed before the recorded instrument was executed.
B. Notwithstanding paragraph A above, if a recorded instrument has been executed by an attorney-in-fact on behalf of a legal entity, the examiner should accept the instrument if the instrument has been of record for at least five (5) years even though power of attorney has not been recorded in the office of the county clerk of the county in which the property is located.
Authority: 16 O.S. §§ 1, 3, 20, 27a, 53, 93.

The 1995 Report of the Title Examination Standards Committee recommended this new standard to respond to statutory changes in Title 16, O.S. 66 O.B.J. 3256, 3257-8 (10/21/95). The Real Property Section approved the Committee's recommendation on November 9, 1995, and the House of Delegates adopted the standard on November 10, 1995, 66 O.B.J.3751 (1995).

The 1997 Report of the Title Examination Standards Committee proposed adding a new subsection B with supporting authority and renumbering the remainder of the standard. 68 O.B.J. 3298 (10/18/97). The Real Property Law Section approved the proposal, November 6, 1997 and the House of Delegates adopted the amendment, November 7, 1997. 68 O.B.J. 3707 (11/15/97).

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 (superseded document available)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)