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before said date, and that has heretofore or shall within two years from the taking effect of this act, in good faith, comply with the provisions of the Constitution of this state and shall, in good faith, commence the construction of its works contemplated in its articles of incorporation or organization, is hereby declared to be a domestic) corporation under the Constitution and laws of this state.

FOREIGN CORPORATIONS DOING BUSINESS IN STATE ARE DOMESTIC COR

PORATIONS.

Section 2. Every railroad corporation organized under the laws of any other state or territory or of the United States, that has complied with the laws of the Territory of Oklahoma or of the Indian Territory, within three years before the taking effect of the Constitution of this state, to authorize such corporations to transact business in either or both of such territories and organized for the purpose of constructing its line of railroad through the Territory of Oklahoma, or Indian Territory, or either or both of them, are hereby authorized and empowered to construct, maintain and operate its railroad with all proper branches or extensions thereof through the State of Oklahoma or any part thereof formerly constituting the Territory of Oklahoma or Indian Territory or either or both of them, by complying with the conditions of this act and the Constitution of this state and are hereby declared to be domestic corpora tions, under the Constitution and laws of this state.

FOREIGN CORPORATIONS MAY CONSTRUCT LINES THROUGH STATE, HOW.

Section 3. Any railroad corporation organized under the laws of any other state or territory whose chartered line or route passes through the Territory of Oklahoma or Indian Territory or either or both of them, and that shall file with the Secretary of State of this state a resolution of its board of directors duly certified by its president organization, is hereby authorized to prescribe its line or route through the State of Oklahoma by filing with the Secretary of State a copy of a resolution of its board of directors describing the same and a map duly certified by its president and chief engineer showing such route, provided such route may be changed on account of engineering difficulties or for other sufficient reasons by resolution of its board of directors and a duly certified copy of such resolutions and a map showing such change in its route shall be filed with the Secretary of State.

FOREIGN CORPORATIONS MAY DO BUSINESS IN STATE, HOW

Section 4. Every railroad corporation organized under the laws of any other state or territory or the United States, that within three years before the taking effect of the Constitution of this state shall have complied with the laws of the Territory of Oklahoma, or Indian Territory, to authorize such corporation to transact business in the Territory of Oklahoma or Indian Territory, or either or both of them, and that shall file with the Secretary of this state a resolution of its board of directors dluy certified by its president and attested by its secretary under the seal of such corporation accepting the provisions of the Constitution of this state and agreeing that

the Constitution and laws of this state applying to domestic corporations shall apply to such corporation in all respects, is hereby declared to be a domestic corporation under the Constitution and laws of this state.

FOREIGN CORPORATIONS DOING BUSINESS IN THE STATE TO PAY FEES TO STATE.

Section 5. Every railroad corporation organized under the laws of any other state or territory, or the United States, that shall have within the three years prior to the taking effect of the Constitution. of this state, complied with the laws of the Territory of Oklahoma or Indian Territory to authorize such corporation to transact business within the Territory of Oklahoma or of the Indian Territory or either or both of them, and shall have complied with the provisions of this act, whose chartered line or route shall pass through other states or territories, or other states and territories and the Territory of Oklahoma or Indian Territory or either or both of them, and the capital stock of which as provided in its articles of incorporation was or is sufficicnt to construct its contemplated railroad and which has been, or is, in order to construct the same, required by necessity to increase its capital stock, such corporation. that has increased or may increase its capital stock under the laws of the state or territory of its creation, may file with the Secretary of State of this state a certified copy of the proceedings of its board of directors and stockholders authorizing such increase, and a certificate of its chief engineer, under oath, showing the estimated cost of its main line, side track and permanent improvements in the state and such corporation shall pay to the Secretary of State onetenth of one per cent of such estimated cost, and such other fees ffini Roa-( ntXEcSsaideo shrdlu shrdlu shrdl shrdlu shrdlurdlulu as required by law, without being required to pay to the State of Oklahoma the per cent fee required under chapter thirteen (13), article one (1) of the Session Laws of Oklahoma, 1907-8.

DOMESTIC

CORPORATIONS MAKING IMPROVEMENTS TO PAY FEES TO

STATE.

Section 6. Every railroad corporation organized under the laws of the Territory of Oklahoma or of the Indian Territory within three years prior to the taking effect of the Constitution of this. state, that has complied with the Constitution of this state, and the capital stock of which, as provided in its articles of incorporations, was or is insufficient to construct its contemplated railroad, and which has been, or is, in order to construct the same, required by necessity to increase its capital stock, such corporation may increase its capital stock under the laws of this state, and may file with the secretary of State of this state, a certified copy of the proceedings of its board of directors and stockholders authorizing such increase, and a certificate of its chief engineer under oath showing the estimated cost of its main lines, side tracks, and permanent improvements in the state, and such corporation shall pay to the Secretary of State one-tenth of one per cent of such estimated cost, without being re

quired to pay to the State of Oklahoma the per cent fee required under chapter 13, article 1, of the Session Laws of Oklahoma of 1907-8, provided that such corporation shall pay all other fees required by law.

FORFEITURE OF RIGHTS UNDER CHARTER.

Section 7. Every railroad corporation accepting the benefits of this act organized under the laws of any other state or territory or of the United States, or the Territory of Oklahoma or the Indian Territory that shall not within two. years commence, in good faith, its works as contemplated in its charter, shall forfeit all rights hereunder.

DOMESTIC CORPORATION CLAIMING DOMICILE IN ANOTHER STASE FOR

FEITS CHARTER RIGHTS.

Section 8. An attested copy of the writing, in which any corporation which becomes a domestic corporation hereunder, claims a domicile elsewhere than in this state, shall be forthwith made out by the clerk of the court in which such writing is filed, and shall be mailed by such clerk to the Secretary of State. When such attested. copy is received by said Secretary of State, he shall immediately enter upon the records of his office, an order cancelling and annulling all charter rights of such corporation and such corporation shall thereafter enjoy only the privileges of a foreign corporation and shall forfeit all rights hereunder.

Approved March 11, 1909.

CHAPTER 81.

FOREIGN CORPORATIONS.

EXAMINATION OF OFFICERS, AGENTS AND RECORDS.

HOUSE BILL NO. 62.

AN ACT

REQUIRING FOREIGN CORPORATIONS DOING BUSINESS
IN OKLAHOMA TO PRODUCE FOR INSPECTION AND
EXAMINATION, OFFICERS, AGENTS, BOOKS AND
PAPERS IN THE STATE OF OKLAHOMA, PROVIDING
PENALTY FOR FAILURE, AND DECLARING AN EMER-
GENCY.

Be It Enacted by the People of the State of Oklahoma:
EXAMINATION UPON ORDER OF COURT.

Section 1. It is hereby made the duty of each and every foreign corporation doing business in the State of Oklahoma, in any action pending in any court of record within the state wherein the State of Oklahoma or any of the officers in their official capacity are parties, upon the application of said state, or said officers and upon the order

of the presiding judge of said court, for which authority is hereby vested, upon reasonable notice, at a time and place within the state to be fixed by said court, to cause to appear for examination and inspection any of its officers, agents, books and papers.

VIOLATION OF ORDER-PENALTY.

Section 2. Any such corporation named in section I failing or refusing to comply with the order named in section I of this act, shall be fined in the sum of not less than $50.00 nor more than $500.00; and each separate day such corporation fails or refuses to comply with any order as provided in section I of this act, shall constitute a separate offense.

EMERGENCY.

Section 3. An emergency is hereby declared, by reason whereof it is immediately necessary for the preservation of the public peace, health and safety that this act take effect and be in force from and after its approval.

Approved March 24, 1910.

CHAPTER 57.

LICENSE TAX ON CERTAIN CORPORATIONS.

HOUSE BILL NO. 84.

AN ACT

PROVIDING FOR A LICENSE TAX UPON FOREIGN AND DOMESTIC CORPORATIONS.

Be It Enacted by the People of the State of Oklahoma:

STATE LICENSE REQUIRED- -CERTAIN COMPANIES EXCEPTED.

Section I. No corporation heretofore or hereafter incorporated under the laws of this state, or of any other state, shall do or attempt to do business by virtue of its charter or certificate of incorporation in this state without a state license therefor; Provided, however, that the provisions of this act shall not apply to railroad companies, car companies, electric railroad companies, telephone and telegraph companies, heat, light, and among power companies, waterworks, and water power companies, insurance companies, banking and trust companies, building and loan associations; or to any company or corporation not organized for profit.

LICENSE FROM CORPORATION COMMISSION-ANNUAL FEE-PROVISO.

Section 2. It shall be the duty of every corporation incorporated under the laws of this state, and of every foreign corporation now doing business, or which shall hereafter engage in business in this state, to procure annually from the Corporation Commission a license authorizing the transaction of such business in this state.

Each domestic corporation shall pay a license fee of fifty cents for each one thousand dollars of its authorized capital stock or less, and each foreign corporation shall pay a license fee of one dollar

for each one thousand dollars of its capital stock employed in its business done in this state; provided, that the license fees provided for in this act shall not be required on that portion of the capital stock employed by any corporation in any business upon which a production, income or gross receipts tax is required to be paid under the laws of this state; but any corporation claiming exemption from the payment of the license fees on any portion of its authorized capital shall, in addition to all other statements, required by the provisions of this act, file a statement under oath of its president, secretary or other managing officer showing in detail the different kinds of business in which it was engaged, and the portion of its capital employed in that part of its business upon which a production income or gross receipts tax is required to be paid under the laws of this

state.

FEES PAYABLE WHEN AND WHERE.

Section 3. The license fees required by this act shall be paid to the State Treasurer on or before the first day of August of each year, and shall be applied to the payment of the ordinary expense of the state government and no license shall be issued by the Corporation Commission until each such corporation shall file with the Corporation Commission a receipt from the State Treasurer, showing the payment of the fee herein provided for; Provided, however, the incorporating fees now required by law shall be in lieu of the license fees required by this act for the year in which such incorporating fees are paid.

SAME BY FOREIGN CORPORATIONS.

Section 4. Every domestic corporation subject to the provisions of this act shall, during the month of July of each year file in the office of the Corporation oCmmission a statement under oath of its president, secretary or managing officer, showing the list of its stockholders, officers and directors with the residence and post office address of and the amount of stock held by each as the same existed on the thirtieth day of June next preceding.

ANNUAL SWFRN STATEMENT BY DOMESTIC CORPORATIONS.

Section 5. Every foreign corporation, subject to the provisions of this act shall, on or before the thirty-first day of July, of each year, file with the Corporation Commission, a statement under oath of its president, secretary or managing officer or managing agent of such corporation in this state, in such form as the Corporation Commission may prescribe, showing the total amount of its authorized capital stock, the number of shares into which it is divided, the name and location of the office or offices of the company and the name or its designated agent for service of process, residing at the capital of this state; a list of its stockholders, officers and directors, giving the residence and post office address of the amount of stock held by each as the same existed on the thirtieth day of June next preceding, the value of property where situate, and the value of the

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