§ 556.402. How do I make the necessary showing to qualify and obtain a qualification number?
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/us/cfr/t30/s§ 556.402·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)If BOEM has already issued you a qualification number, you may present that number to BOEM. If not, in order to become qualified, you must provide the information in paragraph
(b)or
(c)of this section before BOEM will issue you a BOEM qualification number.
(b)A natural person must be a citizen or national of the United States, or a resident alien, to qualify. A United States citizen or national must submit written evidence acceptable to BOEM attesting to United States citizenship or national status. A resident alien must submit an original or a photocopy of the United States Citizenship and Immigration Services form evidencing legal status as a resident alien.
(c)A person who is not a natural person must submit evidence (refer to paragraph
(d)of this section) acceptable to BOEM that:
(1)It is authorized to conduct business under the laws of a State, the District of Columbia, or any territory or insular possession subject to United States jurisdiction under which it is organized;
(2)Under the operating rules of its business, it is authorized to hold OCS leases; and
(3)Includes an up-to-date list of persons, and their titles, who are authorized to bind the corporation, association or other entity when conducting business on the OCS. It is up to you, in accordance with your organizational structure or rules, to identify the individual, or group of individuals, who has actual authority to bind your organization, and the title(s) they will use when they sign documents to bind the organization. You must maintain and regularly update the information as to who has the authority to bind the organization whenever that information changes.
(d)Acceptable evidence under paragraph
(c)of this section includes, but is not limited to:
(1)For a corporation,
(i)A statement by the Secretary of the corporation, over corporate seal, certifying that the corporation is authorized to hold OCS leases; and
(ii)Evidence of authority of holders of positions entitled to bind the corporation, certified by Secretary of the corporation, over corporate seal, such as:
(A)Certified copy of resolution of the board of directors with titles of officers authorized to bind corporation;
(B)Certified copy of resolutions granting corporate officer authority to issue a power of attorney; or
(C)Certified copy of power of attorney or certified copy of resolution granting power of attorney.
(2)For a Limited or General Partnership,
(i)A statement by an authorized party certifying that the partnership is authorized to hold OCS leases;
(ii)A copy of your signed partnership formation documents, including a partnership agreement;
(iii)A statement from each partner indicating, as appropriate, U.S. citizenship or incorporation or organization under the laws of a State, the District of Columbia, or any territory or insular possession subject to U.S. jurisdiction; and
(iv)Documentation evidencing the existence of the partnership and that it was properly created, either from the Secretary of State of the State in which the partnership is registered or by an equivalent State or governmental office.
(3)For a Limited Liability Company or Limited Liability Corporation,
(i)A certificate of formation of the LLC;
(ii)A statement by an individual authorized to bind the LLC, as listed under (c)(4) above, certifying that the LLC is authorized to hold OCS leases;
(iii)A statement from each member indicating, as appropriate, U.S. citizenship, or incorporation or organization under the laws of a State, the District of Columbia, or any territory or insular possession subject to U.S. jurisdiction; and
(iv)Evidence of authority of holders of positions entitled to bind the LLC, certified by an individual authorized to bind the LLC.
(4)For a Trust,
(i)A copy of the trust agreement or document establishing the trust and all amendments, properly certified by the trustee; and
(ii)A statement indicating the law under which the trust is established and that the trust is authorized to hold OCS leases.
(e)In the event that a person may be eligible to hold OCS leases, but that type of person is not listed in paragraphs
(c)or
(d)of this section, evidence of such eligibility will be submitted and certified by the highest level of management of the person authorized to do so pursuant to its operating agreement or governance documents.
(f)Any person who obtains a qualification number from BOEM is responsible to ensure that it is not using the qualification number approved by BOEM for any purpose that its operating rules do not allow.
(g)Any evidence submitted in response to paragraphs (c), (d), or
(e)of this section is submitted subject to 18 U.S.C. 1001.
(h)A person may not hold leases on the OCS until the evidence requested in this section has been accepted and approved by BOEM and BOEM has issued a qualification number to that person.
(i)If use of a corporate seal is required by this section, you may meet the requirement as specified in § 556.107.
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§ 556.402
How do I make the necessary showing to qualify and obtain a qualification number?
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