Caveat: Oklahoma has enacted the Revised Uniform Partnership Act, codified at 54 O.S. §§ 1-100 through 1-1207. On or after January 1, 2000, the Oklahoma Revised Uniform Partnership Act will govern all partnerships and limited liability partnerships formed under Oklahoma law, including general partnerships formed prior to the enactment of the Revised Uniform Partnership Act.

Title Examination Standards
Chapter 1, App.
Chapter 13. Partnerships and Joint Ventures
§13.2. Identity of Partners.

The examiner may rely without further inquiry on the presumption that individuals executing conveyances of partnership-owned real property:

(a) as partners of a general partnership, including a fictitious name partnership; or (b) as general partners of a limited partnership,

were in fact such members of the partnership on the date of execution, in the absence of recorded evidence or knowledge of facts to the contrary.

Authority: 54 O.S. § 307; 16 O.S. §§ 1, 52, and 53(a)(7).

Comment: Section 1-303(a) of the Oklahoma Revised Uniform Partnership Act, effective November 1, 1997, permits the filing of Statements of Partnership Authority with the office of the Secretary of State of the State of Oklahoma, with a certified copy thereof being filed in the office of the county clerk in the counties in which partnership real property is to be conveyed. A Statement of Partnership Authority (duly certified by the Oklahoma Secretary of State), if filed and recorded, must include the identity of partners authorized to execute instruments transferring real property, record title to which is vested in the partnership by name. Although the filing of a State of Partnership Authority is optional, a statement of the authority to convey will be conclusive (and not merely a presumption) in favor of a transferee for value without knowledge to the contrary (Section 1-303(d)). A Statement of Partnership Authority applies not only to general partnerships formed after November 1, 1997, but also, from and after January 1, 2000, to previously formed general partnerships.

Adopted as 17, November 16, 1946, 17 O.B.A.J. 1729 (1946), printed, id. at 1753; became 19 on renumbering in 1948, 19 O.B.A.J. 223, 226 (1948); amended December 8, 1955, 27 O.B.A.J. 176 (1956). Substantially amended December 2, 1965. Resolution No. 8, 1965 Real Property Committee, 36 O.B.A.J. 2094 & 2182 (1965), and Exhibit E, id ., at 2098 & 2186. Approved by Real Property Section and adopted by House of Delegates, 37 O.B.A.J. 437, 438 (1966). Further amendments proposed by the 1985 Report of the Title Examination Standards Committee, 56 O.B.J. 2537 (1985), proposal amended by Real Property Section, November 14, 1985, and adopted by House of Delegates, as amended by the Section, November 15, 1985, 57 O.B.J. 5 (1986).

The 1996 Report of the Title Examination Standards Committee recommended revisions in response to changes in 16 O.S. §§ 1 & 53 and for purposes of clarification. 67 O.B.J. 3247, 3253 (1996). Recommendation approved by the Real Property Section on November 14, 1996 and adopted by the House of Delegates, November 15,1996.

The Title Examination Standards Committee's 2001 Report recommended amendments to reflect the State's adoption of the Revised Uniform Partnership Act (the "Revised Act"), including its treatment of partnerships as entities. 72 O.B.J. 3002 (Oct. 13, 2001). The Real Property Law Section approved the Committee's recommendation on November 16 and the House of Delegates adopted it on November 17, 2001. 72 O.B.J. 3576 (Dec. 8, 2001).