Okla. Stat. tit. 71, § 71-602
This is the official text of Okla. Stat. tit. 71, § 71-602, part of Oklahoma’s Stat. tit. 71, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 71,." Browse the sections below, each linked to its official government source.
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Definitions
Official statutory text
In this Code, unless the context otherwise requires;
1. "Administrator" means the Administrator of the Department of
Securities;
2. "Advertising" means:
a. material published or designed for use in social media
or a newspaper, magazine, or other periodical, or for
radio, television, telephone solicitations or tape
recordings, videotaped displays, signs, billboards,
motion pictures, telephone directories other than
routine listings, websites, other public media, and
any other written or electronic communication
distributed or made generally available to customers
or the public and used in connection with a
disposition, an offer to dispose of, or any inducement
to any person to purchase or acquire an interest in
the title to any subdivided lands including any
leasehold interest or land contract,
b. any material used to induce prospective purchasers to
visit any subdivided lands or submit to a presentation
by a subdivider or any of the subdivider's
representatives or agents including but not limited to
websites, prospectuses, pamphlets, circulars, form
letters, market letters, telemarketing scripts,
seminar texts, research reports, surveys, performance
reports or summaries, and reprints or excerpts of any
Oklahoma Statutes - Title 71. Securities Page 134
other advertisement, sales literature, or published
material, and
c. the entire promotional plan for the disposition of
subdivided lands including promotional displays at
public or private events, parties, dinners, or other
meetings;
Advertising shall not mean stockholder communications including, but
not limited to, annual reports and interim financial reports, proxy
materials, registration statements, securities prospectuses, and
application for listing securities on stock exchanges;
communications addressed to and relating to the account of any
persons who have previously executed a contract for the acquisition
of any of the subdivider's lands except where directed to the
disposition of additional lands; press releases or other
communications delivered to newspapers or other periodicals for
general information or public relations purposes, provided no charge
is made by and nothing of value is given to such newspapers, their
employees or other periodicals for the publication or use of any
part of such communication;
3. "Agent" means any person who, directly or indirectly,
disposes of, or offers to dispose of, or advertises for disposition
any lot in a subdivision and includes a real estate salesman, broker
or subdivider so engaged;
4. "Blanket encumbrance" means any trust deed, mortgage,
judgment, lien or other financial encumbrance securing or evidencing
debt and affecting lands to be subdivided or affecting more than one
lot of subdivided land, and any agreement by which the subdivider
holds more than one lot under an option, contract or deed, contract
to purchase or trust agreement. Blanket encumbrance shall not mean
a lien or other encumbrance arising as a result of the imposition of
a tax assessed by a public authority so long as no portion thereof
is past due;
5. "Commission" means the Oklahoma Securities Commission;
6. "Department" means the Department of Securities;
7. "Disposition" or "dispose of" means every sale, lease,
assignment, award by lottery, option, or exchange of a lot and every
contract for, or contract to do, any of the foregoing for value, or
when given as an incident of any of the foregoing;
8. "Lot" means any portion, parcel, piece, division, unit or
undivided interest in land if such interest includes the right to
the exclusive use of a specified portion of the land;
9. "Notice" means a communication from the Administrator.
Notice to a subdivider shall be deemed complete when personally
served upon the subdivider or mailed to the subdivider at the last-
known address on file with the Administrator;
10. "Offer" means any inducement, solicitation or attempt to
land if such interest includes the right to
the exclusive use of a specified portion of the land;
9. "Notice" means a communication from the Administrator.
Notice to a subdivider shall be deemed complete when personally
served upon the subdivider or mailed to the subdivider at the last-
known address on file with the Administrator;
10. "Offer" means any inducement, solicitation or attempt to
encourage a person to acquire an interest in a lot in a subdivision;
Oklahoma Statutes - Title 71. Securities Page 135
11. "Option" means, and is limited to, an offer to sell or
purchase respecting which a consideration of not more than fifteen
percent (15%) of the total purchase price is exchanged to guarantee
that the offer will not be withdrawn or revoked for an agreed period
of time;
12. "Person" means an individual, corporation, partnership,
association, joint stock company, or trust where the interests of
the beneficiaries are evidenced by a security, an unincorporated
organization, government, political subdivision of a government or
any other entity;
13. "Purchaser" means a person who acquires, attempts to
acquire, is solicited to acquire, or succeeds to any interest in a
lot in a subdivision, excluding a security interest;
14. "Subdivision" and "subdivided land" means any land,
wherever located, whether improved or unimproved, contiguous or not,
which is divided into lots or proposed to be divided for the purpose
of disposition pursuant to a common promotional scheme or plan of
advertising and disposition. If the land is designated or
advertised as a common unit or by a common name, the land shall be
presumed, without regard to the number of lots covered by each
individual offering, to be offered for disposition as part of a
common promotional plan. Where the context so requires, it shall
also include any lot in a subdivision and any interest therein; and
15. "Subdivider" means a person whose interest in subdivided
lands is advertised, offered, or disposed of by the subdivider or
another person.
1. "Administrator" means the Administrator of the Department of
Securities;
2. "Advertising" means:
a. material published or designed for use in social media
or a newspaper, magazine, or other periodical, or for
radio, television, telephone solicitations or tape
recordings, videotaped displays, signs, billboards,
motion pictures, telephone directories other than
routine listings, websites, other public media, and
any other written or electronic communication
distributed or made generally available to customers
or the public and used in connection with a
disposition, an offer to dispose of, or any inducement
to any person to purchase or acquire an interest in
the title to any subdivided lands including any
leasehold interest or land contract,
b. any material used to induce prospective purchasers to
visit any subdivided lands or submit to a presentation
by a subdivider or any of the subdivider's
representatives or agents including but not limited to
websites, prospectuses, pamphlets, circulars, form
letters, market letters, telemarketing scripts,
seminar texts, research reports, surveys, performance
reports or summaries, and reprints or excerpts of any
Oklahoma Statutes - Title 71. Securities Page 134
other advertisement, sales literature, or published
material, and
c. the entire promotional plan for the disposition of
subdivided lands including promotional displays at
public or private events, parties, dinners, or other
meetings;
Advertising shall not mean stockholder communications including, but
not limited to, annual reports and interim financial reports, proxy
materials, registration statements, securities prospectuses, and
application for listing securities on stock exchanges;
communications addressed to and relating to the account of any
persons who have previously executed a contract for the acquisition
of any of the subdivider's lands except where directed to the
disposition of additional lands; press releases or other
communications delivered to newspapers or other periodicals for
general information or public relations purposes, provided no charge
is made by and nothing of value is given to such newspapers, their
employees or other periodicals for the publication or use of any
part of such communication;
3. "Agent" means any person who, directly or indirectly,
disposes of, or offers to dispose of, or advertises for disposition
any lot in a subdivision and includes a real estate salesman, broker
or subdivider so engaged;
4. "Blanket encumbrance" means any trust deed, mortgage,
judgment, lien or other financial encumbrance securing or evidencing
debt and affecting lands to be subdivided or affecting more than one
lot of subdivided land, and any agreement by which the subdivider
holds more than one lot under an option, contract or deed, contract
to purchase or trust agreement. Blanket encumbrance shall not mean
a lien or other encumbrance arising as a result of the imposition of
a tax assessed by a public authority so long as no portion thereof
is past due;
5. "Commission" means the Oklahoma Securities Commission;
6. "Department" means the Department of Securities;
7. "Disposition" or "dispose of" means every sale, lease,
assignment, award by lottery, option, or exchange of a lot and every
contract for, or contract to do, any of the foregoing for value, or
when given as an incident of any of the foregoing;
8. "Lot" means any portion, parcel, piece, division, unit or
undivided interest in land if such interest includes the right to
the exclusive use of a specified portion of the land;
9. "Notice" means a communication from the Administrator.
Notice to a subdivider shall be deemed complete when personally
served upon the subdivider or mailed to the subdivider at the last-
known address on file with the Administrator;
10. "Offer" means any inducement, solicitation or attempt to
land if such interest includes the right to
the exclusive use of a specified portion of the land;
9. "Notice" means a communication from the Administrator.
Notice to a subdivider shall be deemed complete when personally
served upon the subdivider or mailed to the subdivider at the last-
known address on file with the Administrator;
10. "Offer" means any inducement, solicitation or attempt to
encourage a person to acquire an interest in a lot in a subdivision;
Oklahoma Statutes - Title 71. Securities Page 135
11. "Option" means, and is limited to, an offer to sell or
purchase respecting which a consideration of not more than fifteen
percent (15%) of the total purchase price is exchanged to guarantee
that the offer will not be withdrawn or revoked for an agreed period
of time;
12. "Person" means an individual, corporation, partnership,
association, joint stock company, or trust where the interests of
the beneficiaries are evidenced by a security, an unincorporated
organization, government, political subdivision of a government or
any other entity;
13. "Purchaser" means a person who acquires, attempts to
acquire, is solicited to acquire, or succeeds to any interest in a
lot in a subdivision, excluding a security interest;
14. "Subdivision" and "subdivided land" means any land,
wherever located, whether improved or unimproved, contiguous or not,
which is divided into lots or proposed to be divided for the purpose
of disposition pursuant to a common promotional scheme or plan of
advertising and disposition. If the land is designated or
advertised as a common unit or by a common name, the land shall be
presumed, without regard to the number of lots covered by each
individual offering, to be offered for disposition as part of a
common promotional plan. Where the context so requires, it shall
also include any lot in a subdivision and any interest therein; and
15. "Subdivider" means a person whose interest in subdivided
lands is advertised, offered, or disposed of by the subdivider or
another person.
Status: in_force · Read it on the official government site
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