OAG 2024-3 — BUSINESS/TRUST EXEMPTION
Exhibit to Deed
AFFIDAVIT OF LAND OR MINERAL OWNERSHIP: EXEMPT BUSINESS OR TRUST
STATE OF ______________________________________ )
COUNTY OF _____________________________________ )
TO: THE ATTORNEY GENERAL OF THE STATE OF OKLAHOMA
Before me, the undersigned _____________________________________________________________________________ (list legal name and any aliases) (the “Affiant”), who, having been first duly sworn, deposes and states as of the date of this Affidavit:
- I am eighteen (18) years of age or older and have personal knowledge of the statements made herein.
- I am a/an _____________________________________________________________ (role, such as titled officer or trustee) of __________________________________________________________________ (legal name, along with any trade or fictitious names, of business, trust, or other legal entity) (referred to herein as the “Entity”). I am duly authorized to record this Affidavit on behalf of the Entity, which took title to the real property identified in the Deed to which this Affidavit is attached (the “Property”), and to bind the Entity for the consequences of any false statements in this Affidavit.
- This Affidavit is executed in accordance with and pursuant to 60 O.S. § 121, which provides in part as follows: No alien or any person who is not a citizen of the United States shall acquire title to or own land in this state either directly or indirectly through a business entity or trust, except as hereinafter provided, but he or she shall have and enjoy in this state such rights as to personal property as are, or shall be accorded a citizen of the United States under the laws of the nation to which such alien belongs, or by the treaties of such nation with the United States, except as the same may be affected by the provisions of Section 121 et seq. of this title or the Constitution of this state. Provided, however, the requirements of this subsection shall not apply to a business entity that is engaged in regulated interstate commerce in accordance with federal law.
- For purposes of this Affidavit, I acknowledge and understand that to be “engaged in regulated interstate commerce in accordance with federal law,” means all the Entity’s business activities in Oklahoma must be either: (a) expressly permitted by federal regulation or federal law, or (b) not prohibited by federal regulation or federal law. I further acknowledge and understand that an entity engaged in or supporting the cultivation of marijuana in Oklahoma is not “engaged in regulated interstate commerce in accordance with federal law.” I have read the provisions of 60 O.S. § 121 and this Affidavit and certify that the Entity is engaged in regulated interstate commerce in accordance with federal law.
- No funding source is being used in the sale or transfer of the Property in violation of section 121 or any other state or federal law.
- I acknowledge and understand that making or causing to be made a false statement in this affidavit may subject me to criminal prosecution for perjury and/or subject me and/or the Entity to being liable for actual damages suffered or incurred by any person or other entity as a result or consequence of the making of or reliance upon such false statement.
FURTHER AFFIANT SAYETH NOT.
AFFIANT, individually and as authorized agent of the Entity Date
The foregoing instrument was subscribed and sworn to before me this ____ day of __________________, 20____, by ___________________.
My Commission Expires: ________________________________
My Commission Number: ________________________________