§ 71-412. Repealed by Laws 2003, c. 347, § 53, eff. July 1, 2004.

NOTE:  Prior to repeal, this section was amended to read as follows:

(a)  Unless otherwise provided for by law, the following shall be the fees charged pursuant to the provisions of the Oklahoma Securities Act:

(1)  Broker-dealer registration fee or renewal fee              $300.00

(2)  Broker-dealer or issuer agent or broker-dealer principal registration fee or renewal fee              $50.00

(3)  Broker-dealer agent on an inactive basis, renewal fee              $10.00

(4)  Investment adviser registration fee or renewal fee              $300.00

(5)  Investment adviser annual notice filing fee              $300.00

(6)  Investment adviser representative registration fee or renewal fee              $50.00

(7)  Mass transfer fee              $10.00

per transferee

(8)  Mailing list fee              $30.00 per year

(9)  Review of sales literature package              $50.00

(10)  Broker-dealer or investment adviser financial or operating reports              $50.00

(11)  Issuer sales reports              $50.00

(12)  Notice of exemption filing or request for order of exemption              $250.00

(13)  Interpretive opinion or no-action request              $250.00

(14)  Affidavit request              $10.00

(15)  Service of process upon the Administrator              $10.00

(16)  Amendments to registration statements or notice filings pursuant to Section 305.2 of this title involving changes to the issuer's application or notice filing form:

(A)examination fee              $50.00; and

(B)a filing fee computed in the same manner as the filing fee required pursuant to paragraph (1) of subsection (b) of this section for any additional securities being registered.

(17)  Copying fee.

(A)  8 1/2" by 14" or smaller              $.25 per page

(B)  Larger than 8 1/2" by 14"              $1.00 per page

(C)  Certified copy 8 1/2" by 4" or smaller              $1.00 per page

(D)  Certified copy larger than 8 1/2" by 14"              $2.00 per page

(18)  Document search fee for commercial purpose              $20.00 per hour

(19)  Notice filing fee for a federal covered security under Section 18 (b)(4) of the Securities Act of 1933              $250.00

(b)  For the purpose of registering securities under this act, any person filing a registration statement shall pay an examination fee of Two Hundred Dollars ($200.00) and a filing fee computed upon the aggregate offering price of the securities sought to be registered in Oklahoma as follows:

a fee equal to one-tenth of one percent (1/10 of 1%) of said price; provided, in no event shall the filing fee be less than Two Hundred Dollars ($200.00) or more than Two Thousand Five Hundred Dollars ($2,500.00); however, for securities registered pursuant to Section 304.1 of this title, the filing fee shall be computed as follows:  a fee equal to one-twentieth of one percent (1/20 of 1%) of the aggregate offering price; provided, in no event shall the filing fee be less than One Hundred Dollars ($100.00) or more than Two Thousand Five Hundred Dollars ($2,500.00).

(c)  Any person making a notice filing pursuant to Section 305.2(a) of this title, or renewing such a filing, shall pay a filing fee of Five Hundred Dollars ($500.00) with each such notice or renewal filed.

(d)  All fees and other charges collected by the Administrator shall be deposited in the General Revenue Fund with the State Treasurer, except for the fees deposited in the Oklahoma Department of Securities Revolving Fund and the amounts deposited in the Oklahoma Department of Securities Investor Education Revolving Fund.

(e)  There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Securities to be designated the "Oklahoma Department of Securities Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of fees and other charges collected by the Administrator as follows:

(1)  the fees collected pursuant to paragraphs (1), (4), (5), (8), (14), (15), (17), and (18) of subsection (a) of this section;

(2)  the fees collected pursuant to the provisions of Section 402 of this title as provided in paragraph (9) of subsection (a) of this section;

(3)  the examination fees designated in paragraph (16) of subsection (a) and in subsection (b) of this section;

(4)  the amounts collected pursuant to subsection (f) of Section 411 of this title set forth in paragraph (13) of subsection (a) of this section; and

(5)  One Hundred Fifty Dollars ($150.00) of each filing fee collected pursuant to subsection (c) of this section.

All monies accruing to the credit of the Oklahoma Department of Securities Revolving Fund are hereby appropriated and may be budgeted and expended by the Oklahoma Department of Securities as may be necessary to perform the duties imposed upon the said Department by law.  Expenditures from the Oklahoma Department of Securities Revolving Fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

(f)  There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Securities to be designated the “Oklahoma Department of Securities Investor Education Revolving Fund”.  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all amounts collected pursuant to court order or judgment in actions brought by the Administrator, and amounts received in multistate settlements participated in by the Department, and interest attributable to the investment of the fund that shall be deposited in the Oklahoma Department of Securities Investor Education Revolving Fund. The Fund may be invested in any investment instrument allowed by Oklahoma Statutes to the State Treasurer for the investment of state funds. Any amounts received from any court settlement in excess of One Million Dollars ($1,000,000.00) shall be transferred to the General Fund.  The Administrator shall use the moneys in this fund exclusively for the specific purposes of research for education and education of Oklahoma residents in matters concerning securities laws and general investor protection.  All monies accruing to the credit of the Oklahoma Department of Securities Investor Education Revolving Fund are hereby appropriated and may be budgeted and expended by the Oklahoma Department of Securities as may be necessary to perform the duties imposed upon the said Department by law.  Expenditures from the Oklahoma Department of Securities Investor Education Revolving Fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

(g)  There is hereby created a petty cash fund for the Oklahoma Department of Securities.  The Director of State Finance and the Administrator are hereby authorized and it shall be their duty to fix the maximum amount of the petty cash fund, not to exceed Five Hundred Dollars ($500.00).  The Director of State Finance shall prescribe all forms, systems, and procedures for administering the petty cash fund.  The fund shall be used solely to pay:

(1)  examination, investigation and litigation expenses of the Oklahoma Department of Securities, including, but not limited to, court costs, filing fees, copying fees, and witness fees, and

(2)  incidental operating expenses of the Oklahoma Department of Securities not to exceed One Hundred Dollars ($100.00) per transaction.

(h)  Once paid, fees shall be nonrefundable.

Added by Laws 1959, p. 346, § 412, eff. July 1, 1959.  Amended by Laws 1977, c. 233, § 7, emerg. eff. June 15, 1977; Laws 1981, c. 248, § 6, emerg. eff. June 25, 1981; Laws 1983, c. 262, § 14, operative July 1, 1983; Laws 1984, c. 201, § 3, operative July 1, 1984; Laws 1985, c. 287, § 4, emerg. eff. July 23, 1985; Laws 1986, c. 189, § 3, operative July 1, 1986; Laws 1986, c. 223, § 52, operative July 1, 1986; Laws 1987, c. 208, § 97, operative July 1, 1987; Laws 1987, c. 236, § 98, emerg. eff. July 20, 1987; Laws 1988, c. 108, § 20, eff. Nov. 1, 1988; Laws 1988, c. 175, § 3, operative July 1, 1988; Laws 1988, c. 204, § 16, operative July 1, 1988; Laws 1989, c. 150, § 6, operative July 1, 1989; Laws 1992, c. 241, § 20, eff. July 1, 1992; Laws 1994, c. 270, § 2, operative July 1, 1995; Laws 1995, c. 196, § 18, eff. July 1, 1995; Laws 1997, c. 279, § 21, eff. July 1, 1997; Laws 1998, c. 152, § 12, eff. July 1, 1998; Laws 1999, c. 109, § 8, eff. July 1, 1999; Laws 2000, c. 310, § 3, eff. July 1, 2000; Laws 2001, c. 289, § 1, emerg. eff. May 31, 2001; Laws 2002, c. 422, § 1, eff. July 1, 2002; Laws 2003, c. 493, § 9, eff. Nov. 1, 2003.