N.J. Admin. Code § 13:69D-1.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:69D-1.4 - Records regarding ownership

(a) In addition to other records and information required by this section, each casino licensee shall maintain the following records regarding the equity structure and owners:

1. If a corporation:

i. A certified copy of articles of incorporation and any amendments thereto;

ii. A copy of by-laws and amendments thereto;

iii. A current list of officers and directors;

iv. The minutes of all meetings of stockholders and directors;

v. A current list of all stockholders and stockholders of affiliates, including their names and the names of beneficial owners of shares held in street or other name where any beneficial owner has a beneficial interest in two percent or more of the outstanding shares of any class, addresses and the number of shares held by each and the date acquired;

vi. A complete record of all transfers of stock;

vii. A record of amounts paid to the corporation for issuance of stock and other capital contributions and dates thereof;

viii. A record, by stockholder, of all dividends distributed by the corporation; and

ix. A record of all salaries, wages, and other remuneration (including perquisites), direct and indirect, paid during the calendar or fiscal year, by the corporation, to all officers, directors, and stockholders with an ownership interest at any time during the calendar or fiscal year, equal to or greater than five percent of the outstanding capital stock of any class of stock.

2. If a partnership:

i. A schedule showing the amounts and dates of capital contributions, the names and addresses of the contributors, and percentage of interest in net assets, profits, and losses held by each;

ii. A record of the withdrawals of partnership funds or assets;

iii. A record of salaries, wages, and other remuneration (including perquisites), direct and indirect, paid to each partner during the calendar or fiscal year; and

iv. A copy of the partnership agreement and certificate of limited partnership, if applicable.

3. If a sole proprietorship:

i. A schedule showing the name and address of the proprietor and the amount and date of his or her original investment;

ii. A record of dates and amounts of subsequent additions to the original investment and withdrawals therefrom; and

iii. A record of salaries, wages, and other remuneration (including perquisites), direct or indirect, paid to the proprietor during the calendar or fiscal year.

4. If a limited liability company:

i. The certificates of formation, amendment, and cancellation;

ii. The operating agreement;

iii. A current list of all members and managers;

iv. A schedule showing the amounts and dates of contributions by members, the names and addresses of the contributors, and percentage of interest in net assets, profits, and losses held by each member and manager;

v. A record of the distributions of limited liability company funds or assets; and

vi. A record of salaries, wages, and other remuneration (including perquisites), direct and indirect, paid to each member and manager during the calendar or fiscal year.

(b) All records regarding ownership shall be maintained at a location as determined by the casino licensee provided that the Division is notified of such location where the records are to be stored. The Division shall be granted prompt and unfettered access to all such records upon request.

(c) Each casino licensee or applicant shall, upon request by the Division, provide a list of all record holders of any or all classes of publicly traded securities issued by any holding company or by any other affiliated entity which is required to qualify as a financial source pursuant to subsection 85.1e of the Act (N.J.S.A. 5:12-85.1e).

N.J. Admin. Code § 13:69D-1.4