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
§13.4. Authority of One Partner to Act for All.

When real property is held by a partnership, and a conveyance is made on behalf of the partnership by one or more, but less than all, of the partners, and the conveyance appears to be executed in the usual course of partnership business, it is presumed, in the absence of evidence to the contrary, that the conveyance was made by the partner or partners executing it for the purpose of carrying on in the usual way the business of the partnership; and no further evidence of authority of such partner or partners to execute the instrument should be required by the title examiner. If the partner or partners executing the instrument are shown to have the requisite authority in a Statement of Partnership Authority duly certified by the Oklahoma Secretary of State and recorded in the real estate records in the county in which the partnership property is located, the conveyance is conclusive as to transferees with no knowledge of any limitation to the contrary.

Authority: Crane, Handbook on the Law of Partnership § 49 (2d ed. 1952); 54 O.S. §§ 1-301, 1-302, and 1-303. Comment: The provisions of the Revised Uniform Partnership Act authorizing the voluntary filing and recordation of various statements, and providing conclusive effect thereby, may justify the examiner in requiring that affirmative evidence of authority appear in the real estate records for any conveyance of partnership property in which record title was vested in the partnership by name.

Standard was proposed in the 1973 Report of the Real Property Committee, 44 O.B.A.J. 3319, 3321, 3433, 3537 & 3615 (1973). The proposal was adopted by the House of Delegates on November 30, 1973, 45 O.B.A.J. 652 (1974). It should be noted that, as published, the text of the standard contained a second paragraph. This paragraph was included in the Report of the Committee by error. The minutes of the House of Delegates show that this paragraph was not intended by the Real Property Committee to be a part of the proposed standard and the paragraph was not submitted to the House of Delegates for adoption, 45 O.B.A.J. 652 (1974).

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 17 and the House of Delegates adopted the proposal on November 16, 2001, 72 O.B.J. 3576 (Dec. 8, 2001).