against officers, directors and shareholders - Statute of limitations. A. Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; it may determine the ultimate rights of the parties on either side, as between themselves, and it may grant to the defendant any affirmative relief to which he or she may be entitled. In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others whenever a several judgment may be proper. The court may also dismiss the petition with costs, in favor of one or more defendants, in case of unreasonable neglect on the part of the plaintiff to serve the summons on other defendants, or proceed in the cause against the defendant or defendants served. B. No suit or claim of any nature shall be brought against any officer, director or shareholder for the debt or liability of a corporation of which he or she is an officer, director or shareholder, until judgment is obtained therefor against the corporation and execution thereon returned unsatisfied. This provision includes, but is not limited to, claims based on vicarious liability and alter ego. Provided, nothing herein prohibits a suit or claim against an officer, director or shareholder for their own conduct, act or contractual obligation, not within the scope of their role as an officer, director or shareholder, arising out of or in connection with their direct involvement in the same or related transaction or occurrence. C. Members and managers of limited liability companies shall be afforded the same substantive and procedural protection from suits and claims as the protections provided to officers, directors and shareholders of a corporation as set forth in subsection B of this section. D. The statute of limitations on any claim precluded by this section, either against an officer, director or shareholder of a corporation or a member or manager of a limited liability company,
shall not accrue until judgment is obtained against the corporation and execution thereon returned unsatisfied. R.L. 1910, § 5124. Amended by Laws 2013, c. 265, § 1, eff. Nov. 1, 2013; Laws 2016, c. 116, § 1, eff. Nov. 1, 2016.
Notes of Decisions
Cited in
23
cases (
15 in the last 5 years), 1974–2026 · leading case:
Maree v. Neuwirth, 2016 OK 62 (Okla. 2016).
Maree v. Neuwirth, 2016 OK 62 (Okla. 2016).
“ANALYSIS T7 The Respondent's court minute denying Petitioner's request to add additional defendants relied solely upon 12 O.S. § 682 (B). At the time of the court's ruling this subsection provided: B.”
Kinter v. Baskin, 520 P.2d 679 (Okla. 1974).
· cites it 2× “12 O.S.1971 §§ 682, 683; Hambright v. City of Cleveland, Okl.”
First Mortg. Co. LLC v. Strategic Mortg. Fin. Grp. LLC (W.D. Okla. 2021).
· cites it 4× “2 Okla. Stat. tit. 12 § 682(B) provides that [n]o suit or claim of any nature shall be brought against any officer, director or shareholder for the debt or liability of a corporation of which he or she is an officer, director or shareholder, until judgment is obtained therefor…”
Maree v. Neuwirth, 2016 OK 62 (Okla. 2016).
· cites it 3× “" In response, the Nursing Home objected to the Motion to Amend Petition for the following reasons: 1) the statute of limitations barred the claims against these other individuals and entities; 2) Petitioner has caused undue delay in naming these parties, the amendment would be…”
Floyd v. BP p.l.c. (N.D. Okla. 2021).
· cites it 3× “Kinder Morgan asserts that they cannot state a valid claim for five separate reasons: (1) the claim is an impermissible suit against EPEC’s sole shareholder pursuant to Okla. Stat. tit. 12, § 682 ; (2) the Floyd Family has not alleged the necessary elements of a fraudulent…”
Dennis v. Good Deal Charlie, Inc. (N.D. Okla. 2021).
· cites it 3× “61];2 (2) McIllwain moves to dismiss all counts against him for failure to state a claim upon which relief can be granted in light of Okla. Stat. tit. 12, § 682 (B) (suits against officers, directors, and shareholders) [Doc.”
Cmty. Health Dev. Partners LLC v. Osborne (W.D. Okla. 2025).
· cites it 3× “Section 682(b) Next, Defendants argue any claims against them “in their individual capacity are barred as premature” under Okla. Stat. tit. 12, § 682 (B).8 [Doc. No.”
Lowe v. United Servs. Auto. Ass'n (W.D. Okla. 2019).
· cites it 2× “See Okla. Stat. tit. 12, § 682 (B). GIC alleged that Plaintiff’s petition lacks sufficient facts to state a viable claim against USAA under either a contractual or tort-based theory of recovery and, thus, “USAA should be ignored for purposes of determining diversity of the…”
SMH US LLC v. 1110 Linwood Blvd LLC (W.D. Okla. 2023).
· cites it 2× “Irish’s request for dismissal is based on Okla. Stat. tit. 12, § 682 . This statute prohibits bringing suit against a member or manager of a limited liability company for the company’s liability until a judgment is obtained against the company and returned unsatisfied.”
Renfrow v. Pettigrew (Bankr. N.D. Okla 2018).
· cites it 2× “§ 1124 and 12 O.S. § 682 precluded Pettigrew from suing Renfrow personally for defamation and intentional infliction of emotional distress is just plain wrong.”
— Okla. Stat. tit. 12, § 682(B) — 4 cases
First Mortg. Co. LLC v. Strategic Mortg. Fin. Grp. LLC (W.D. Okla. 2021).
“2 Okla. Stat. tit. 12 § 682(B) provides that [n]o suit or claim of any nature shall be brought against any officer, director or shareholder for the debt or liability of a corporation of which he or she is an officer, director or shareholder, until judgment is obtained therefor…”
SMH US LLC v. 1110 Linwood Blvd LLC (W.D. Okla. 2023).
“Irish’s request for dismissal is based on Okla. Stat. tit. 12, § 682 . This statute prohibits bringing suit against a member or manager of a limited liability company for the company’s liability until a judgment is obtained against the company and returned unsatisfied.”
— Okla. Stat. tit. 12, § 682(C) — 1 case
— Okla. Stat. tit. 12, § 682(b) — 1 case
Cmty. Health Dev. Partners LLC v. Osborne (W.D. Okla. 2025).
“Section 682(b) Next, Defendants argue any claims against them “in their individual capacity are barred as premature” under Okla. Stat. tit. 12, § 682 (B).8 [Doc. No.”
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