South Dakota Assignment of Net Profits Interest

State:
Multi-State
Control #:
US-OG-303
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Assignor grants, assigns, and conveys to Assignee a percentage of the net profit interest in the Working Interest. The Net Profits Interest is the stated percentage interest in the share of monies payable for gross production attributable to the Working Interest less the costs and expenses attributable to the Working Interest.

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FAQ

A net profits interest is an agreement that provides a payout of an operation's net profits to the parties of the agreement. It is a non-operating interest that may be created when the owner of a property, typically an oil and gas property, leases it out to another party for development and production.

South Dakota interest rate laws generally defer to contract law. One exception is a 12 percent limit on judgments. Generally speaking, South Dakota's interest rate limit is 15 percent. Beyond this fact, there is no usury limitation per se in the State of South Dakota..

Interest, Costs and Attorney's Fees Post-judgment interest is payable on all judgments at the statutory rate. SDCL §54-3-5.1. The statutory rate in South Dakota is currently 10 percent per annum. SDCL §54-3-16(2).

Synonymous with net income, net profit is a company's total earnings after subtracting all expenses. Expenses subtracted include the costs of normal business operation as well as depreciation and taxes. Net profit is commonly referred to as a company's ?bottom line? and is a true indicator of a company's profitability.

Example 1: Profits interest ? Let's say that the company is worth $1,000,000 and has $50,000 in annual profits. A worker with a 10% interest grant doesn't have any interest in the company's current market value, but they do have a 10% interest in annual profits, which equates to $5,000.

If there is insufficient profit, that is, the net profit is less than the amount of interest on capital, interest on capital will not be given, but the profit among the partners of the business firm will be distributed in their capital ratio.

A profits interest is an equity-like form of compensation that limited liability companies (LLCs) can offer to employees and other service providers. The value of a profits interest is based on the growing value of the LLC, which allows employees (or ?partners?) to benefit from the LLC's appreciation in value.

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South Dakota Assignment of Net Profits Interest