(a) If the applicant for a lease is a corporation, it shall file evidence of authority of its officers to execute papers; and with its first application it shall also file a certified copy of its articles of incorporation, and, if foreign to the state in which the lands are located, evidence showing compliance with the corporation laws thereof. Statements of changes in officers and stockholders shall be furnished by a corporation lessee to the superintendent January 1 of each year, and at such other times as may be requested.
(b) Whenever deemed advisable in any case the superintendent may require a corporation applicant or lessee to file:
(1) List of officers, principal stockholders, and directors, with post-office addresses and number of shares held by each.
(2) A sworn statement of the proper officer showing:
(i) The total number of shares of the capital stock actually issued and the amount of cash paid into the treasury on each share sold; or, if paid in property, the kind, quantity, and value of same paid per share.
(ii) Of the stock sold, how much remains unpaid and subject to assessment.
(iii) The amount of cash the company has in its treasury and elsewhere.
(iv) The property, exclusive of cash owned by the company and its value.
(v) The total indebtedness of the company and the nature of its obligations.
(vi) Whether the applicant or any person controlling, controlled by or under common control with the applicant has filed any registration statement, application for registration, prospectus or offering sheet with the Securities and Exchange Commission pursuant to the Securities Act of 1933 or the Securities Exchange Act of 1934 or said Commission's rules and regulations under said acts; if so, under what provision of said acts or rules and regulations; and what disposition of any such statement, application, prospectus or offering sheet has been made.
(c) Affidavits of individual stockholders, setting forth in what corporations, or with what persons, firms, or associations such individual stockholders are interested in mining leases on restricted lands within the state, and whether they hold such interest for themselves or in trust.
Cross Reference:
For rules and regulations of the Securities and Exchange Commission, see 17 CFR chapter II.
authority: Sec. 1, 39 Stat. 519; and Sec. 701, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted
source: 22 FR 10622, Dec. 24, 1957, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982.
cite as: 25 CFR 227.6