A. The trust funds created under Section 152 of this title shall be applied to the payment of said valid lienable claims and no portion thereof shall be used for any other purpose until all lienable claims due and owing or to become due and owing shall have been paid. B. If the party receiving any money under Section 152 of this title is an entity having the characteristics of limited liability pursuant to law, such entity and the natural persons having the legally enforceable duty for the management of the entity shall be liable for the proper application of such trust funds and subject to punishment under Section 1451 of Title 21 of the Oklahoma Statutes; provided, however, if the value of the property embezzled is Fifteen Thousand Dollars ($15,000.00) or more, the party shall, upon conviction, be guilty of a Class C2 felony offense and shall be punished by imprisonment as provided for in subsections B through F of Section 20M of Title 21 of the Oklahoma Statutes. If the value of the property embezzled is not less than One Thousand Dollars ($1,000.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00), the party shall, upon conviction, be guilty of a Class D3 felony offense and shall be punished by imprisonment as provided for in subsections B through F of Section 20P of Title 21 of the Oklahoma Statutes. For purposes of this section, the natural persons subject to punishment shall be the managing officers of a corporation and the managers of a limited liability company. C. The existence of such trust funds shall not prohibit the filing or enforcement of a labor, mechanic or materialmen's lien against the affected real property by any lien claimant, nor shall the filing of such a lien release the holder of such funds from the obligations created under this section or Section 152 of this title. Added by Laws 1965, c. 58, § 2. Amended by Laws 1968, c. 174, § 2, emerg. eff. April 15, 1968; Laws 1983, c. 111, § 1, eff. Nov. 1, 1983; Laws 1985, c. 191, § 1, emerg. eff. June 24, 1985; Laws 1997, c. 133, § 460, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 334, eff. July 1, 1999; Laws 2000, c. 6, § 9, emerg. eff. March 20, 2000; Laws 2002, c. 460, § 32, eff. Nov. 1, 2002; Laws 2025, c. 486, § 266, eff. Jan. 1, 2026. NOTE: Laws 1999, c. 212, § 5 repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20, 2000. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 460 from July 1, 1998, to July 1, 1999.
Notes of Decisions
Cited in
13
cases, 1977–2007 · leading case:
Manley v. Brown, 1999 OK 79 (Okla. 1999).
Manley v. Brown, 1999 OK 79 (Okla. 1999).
· cites it 2× “The pertinent provisions of 42 O.S.1991 § 153 are: (3) If the party receiving any money under Section 152 of this title shall be a corporation, such corporation and its managing officers shall be liable for the proper application of such trust funds.”
Murphy Oil USA Inc v. Trivental Inc, 438 F.3d 1008 (10th Cir. 2006).
· cites it 2× “” Okla. Stat. tit. 42, § 153 (1) (1968). . Only one lien was filed and perfected by a subcontractor, Mustang Electric Company, in the amount of $27,525.”
Stevens v. Harris, 2002 OK 35 (Okla. 2002).
“Title 42 O.S.2001 § 153, see note 3, supra. 37 .”
Neely v. Edmond (In Re Edmond), 5 B.R. 172 (Bankr. W.D. Okla. 1980).
· cites it 4× “” 42 O.S. § 153 further provides: “(1) Such trust funds shall be applied to the payment of said valid lienable claims and no portion thereof shall be used for any other purpose until all liena-ble claims due and owing or to become due and owing shall have been paid.”
Sandpiper North Apts., Ltd. v. Am. Nat'l Bank & Trust Co. of Shawnee, 680 P.2d 983 (Okla. 1984).
“” [emphasis added] The terms of 42 O.S.1971 § 153 are: "(1) Such trust funds shall be applied to the payment of said valid lienable claims and no portion thereof shall be used for any other purpose until all lienable claims due and owing or to become due and owing shall have…”
Bryan v. Manley (In Re Manley), 135 B.R. 137 (Bankr. N.D. Okla 1992).
“, and 42 O.S. § 153, which provides that (1) The trust funds created under Section 152 of this title shall be applied to the payment of said valid lienable claims and no portion thereof shall be used for any other purpose until all lienable claims due and owing or to become due…”
Owens v. Bolger (In Re Bolger), 351 B.R. 165 (Bankr. N.D. Okla 2006).
“42 O.S. § 153(1). “Oklahoma law is clear that the statutory duty imposed on a general contractor to hold funds in trust for the payment of subcontractors creates a fiduciary relationship between the owner and the contractor.”
— Okla. Stat. tit. 42, § 153(1) — 2 cases
Owens v. Bolger (In Re Bolger), 351 B.R. 165 (Bankr. N.D. Okla 2006).
“42 O.S. § 153(1). “Oklahoma law is clear that the statutory duty imposed on a general contractor to hold funds in trust for the payment of subcontractors creates a fiduciary relationship between the owner and the contractor.”
— Okla. Stat. tit. 42, § 153(2) — 1 case
Neely v. Edmond (In Re Edmond), 5 B.R. 172 (Bankr. W.D. Okla. 1980).
“” 42 O.S. § 153 further provides: “(1) Such trust funds shall be applied to the payment of said valid lienable claims and no portion thereof shall be used for any other purpose until all liena-ble claims due and owing or to become due and owing shall have been paid.”
— Okla. Stat. tit. 42, § 153(3) — 2 cases
Manley v. Brown, 1999 OK 79 (Okla. 1999).
“The pertinent provisions of 42 O.S.1991 § 153 are: (3) If the party receiving any money under Section 152 of this title shall be a corporation, such corporation and its managing officers shall be liable for the proper application of such trust funds.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.