Okla. Stat. tit. 16, sec 13.8 – Recital of Identity, Successorship or Consolidation

Title Examination Standards
Chapter 1, App.
Chapter 13. Partnerships and Joint Ventures
§13.8. Recital of Identity, Successorship or Consolidation.

Unless there is some reason disclosed of record to doubt the truth of the recital (e.g., the recordation of a conflicting certificate prepared pursuant to 54 O.S. § 310.1), after September 1, 1990, but prior to November 1, 1997, a recital of name change or recital of succession by merger or consolidation of one or more domestic limited partnerships with one or more other domestic limited partnerships or other business entities may be relied upon if contained in a recorded title document properly executed by the successor or resulting entity. "Other business entity" is defined as a corporation, a business trust, a common law trust or an unincorporated business including a partnership, whether general or limited. From and after November 1, 1997, the identification of succession through merger must be evidence of record by a Statement of Merger, duly certified by the Oklahoma Secretary of State and filed of record with the county clerk in the county in which the partnership real property is located. The Statement of Merger must include the content required under 54 O.S. § 1-907.

Authority: 54 O.S. § 1-907 and 310.1; 18 O.S. § 1090.2 and § 2054.

Proposed by the Title Examination Standards Committee Report of 1991, 62 O.B.A.J. 3269, to accomodate recent statutory provisions for partnership mergers; approved by the Real Property Section November 14, 1991 and adopted by the House of Delegates November 15, 1991, 62 O.B.A.J. 3531 (1991).

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

The 2021 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 12, 2021. (superseded document available)