La. Admin. Code tit. 43 § I-917

Current through Register Vol. 50, No. 6, June 20, 2024

Section I-917 - Content of Application

A. Each application shall contain the information required by Act 296 of 1979 and by this rule, §917

1. Information as to the Lessee. Set forth the name of the lessee and the address of its principal executive offices and describe, insofar as practicable, the lease or leases of the lessee which it is proposed to transfer and the operations or other activities currently being conducted in relation to such lease or leases.

2. Information as to the Applicant. If the applicant is a corporation, partnership, limited partnership, syndicate or other group of persons, the application shall set forth its name, the state or other place of its organization, its principal business, the address of its principal executive offices and the information required by Subparagraphs A.2.e and f below. If the applicant is natural person, the application shall set forth the information specified in Subparagraphs A.2.a-g below with respect to such person(s). If the applicant is a corporation not subject to the reporting requirements of the federal securities laws, there shall be filed as exhibits audited financial statements for its three most recent fiscal years and interim financial statements for any subsequent period through the end of the last preceding calendar quarter for which such statements are available:

a. name;

b. residence or business address;

c. present principal occupation or employment and the name, principal business and address of any corporation or other organization in which such employment or occupation is conducted;

d. material occupations, positions, offices or employments during the last five years, giving the starting and ending dates of each and the name, principal business and address of any business corporation or other organization in which occupation, position, office or employment was carried on;

e. whether or not, during the last five years, such person has been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors) and, if so, giving the dates, nature of conviction, name and location of court, and penalty imposed or other disposition of the case;

f. whether or not the applicant has, during the last five years, been a party to, or materially adversely affected by, any judicial or administrative proceeding under any law or regulation regulating exploration, development, production or other operations involving any solid minerals or other extractive industry or activity, or under any law or regulation regulating the discharge of materials into the environment or otherwise relating to the protection of the environment, and if so, describing fully any such proceeding, including the disposition thereof. Copies of all material pleadings and of all orders and judgments therein shall be filed as exhibits;

g. citizenship(s):

i. instruction. If the application is filed by a partnership, limited partnership, syndicate or other group, the information called for by §917. A.2 shall be given with respect to:

(a). each partner of such partnership;

(b). each partner who is denominated as a general partner or who functions as a general partner of such limited partnership;

(c). each member of such syndicate or group; and

(d). each person controlling such partner or member;

ii. if the statement is filed by a corporation, or if a person referred to in Subclause (a), (b), (c), or (d) of Clause A.2.g is a corporation, the information called for by the above mentioned items shall be given with respect to:

(a). each officer and director of such corporation;

(b). each person controlling such corporation; and

(c). each officer and director of any corporation ultimately in control of such corporation.

3. Manner of Transfer. The application shall set forth the manner in which the applicant proposes to effect the transfer of the lease or leases (including, without limitation, the manner in which the transfer is to be financed and the terms of any agreement or understanding with respect to the transfer) and the applicant shall file as exhibits all relevant contracts and agreements, together with any documents required to be filed under any other law or regulation in consequence of such proposed transfer. The application shall also set forth a description of the background of the proposed transfer.

4. Information about the Applicant's Relevant Experience

a. The applicant shall fully describe his or its experience and capabilities to assume responsibility for operations under the lease or leases, including (without limitation) the following information.

i. Applicant's experience in the solid minerals and other extractive industries during the five years next preceding the application.

ii. If the applicant is other than a natural person, the names, titles and addresses of the officers or other persons who would have primary responsibility for the conduct of operations under the lease or leases and, as to each such person, his educational background, his professional background, including his present job responsibilities, and the information called for under Paragraph A.2 of this Section.

iii. The names and addresses of any expert in the field of expertise relevant to the lease or leases or operations thereunder who has been retained by the applicant at any time during the past five years and a statement of the nature of such retention. Copies of any report(s) rendered to the applicant by any such expert(s) shall be filed as exhibits.

b. Instruction. It is not sufficient compliance to recite the applicant's intention to rely upon the lessee's experience unless the applicant and lessee have entered into a formal written agreement for a term ending with or after the unexpired portion of the lease, under which the lessee will manage the property or properties subject to the lease. Any such agreement shall be filed as an exhibit to the application.

5. Plans of the Applicant with Respect to the Lease. The application shall describe any plans or proposals of the applicant which relate to exploration, development, production or other operations under the lease or leases, including, without limitation, any loan or proposal to do the following:

a. to increase, reduce or abandon such operations;

b. to retain any person to conduct such operations;

c. to transfer the lease or leases;

d. to seek modification of its or their terms.

La. Admin. Code tit. 43, § I-917

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 6:132 (March 1980).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:143.