Declaration of Election to Convert Overriding Royalty Interest to Working Interest

State:
Multi-State
Control #:
US-OG-312
Format:
Word; 
Rich Text
Instant download

Understanding this form

The Declaration of Election to Convert Overriding Royalty Interest to Working Interest is a legal document used to formalize the conversion of an overriding royalty interest into a working interest. This is typically done when the required payout from the oil or gas production has occurred, entitling the declarant to make this election. This form distinguishes itself by specifically addressing the transition of interests related to oil and gas leases, which is an important step in the management of mineral rights.

Key components of this form

  • Declarant's name and contact information.
  • Effective date of the conversion.
  • Details of the original assignment, including volume and page numbers.
  • Specifics regarding the overriding royalty interest and the undivided working interest.
  • Acknowledgment of the termination of the overriding royalty interest.
  • Signature of the declarant for validation.

When to use this document

This form should be used when there is a continuous production from the lease and the payout has been achieved as defined in the associated assignment. It is suitable for situations where the declarant wishes to convert their overriding royalty interest into a working interest in the oil or gas lease. This conversion may be necessary for those looking to take on a more active role in the management of mining resources or to share in the operational benefits of production.

Who can use this document

  • Individuals or entities holding an overriding royalty interest in an oil or gas lease.
  • Declarants seeking to convert their interest to a working interest.
  • Legal practitioners representing clients in oil and gas matters.

Steps to complete this form

  • Identify the declarant and provide their name and address.
  • Enter the effective date of the conversion.
  • Include reference details of the assignment, such as volume and page numbers.
  • Specify the overriding royalty interest percentage and the new working interest details.
  • Sign and date the declaration to confirm the election for conversion.

Does this document require notarization?

This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

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We protect your documents and personal data by following strict security and privacy standards.

Mistakes to watch out for

  • Failing to provide the correct assignment details, such as volume and page numbers.
  • Omitting the effective date or entering an incorrect date.
  • Not signing the form, which can invalidate the election.

Why complete this form online

  • Convenient access to a draft prepared by licensed attorneys.
  • Immediate download and use without waiting for mailing or shipping.
  • The ability to easily edit specific fields to suit personal needs.

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FAQ

The royalty mineral owner retains ownership of the interest after production stops. Holders of overriding royalty interests have no ownership rights to the minerals under the ground but a non-possessory undivided interest.

Net revenue is the amount that is shared among the property owners. To determine net revenue interest, multiply the royalty interest by the owner's shared interest. For example, if you have a 5/16 royalty, your net royalty interest would be 25% multiplied by 5/16, which equals 7.8125% calculated to four decimal places.

Royalty Interest an ownership in production that bears no cost in production. Royalty interest owners receive their share of production revenue before the working interest owners. Working Interest an ownership in a well that bears 100% of the cost of production.

An overriding royalty interest (ORRI) is an undivided interest in a mineral lease giving the holder the right to a proportional share (receive revenue) of the sale of oil and gas produced. NRI = Working Interest Royalty Interests. 100 25 = 75 percent (NRI) $1,000,000 $250,000 = $750,000 (monthly NRI)

An overriding royalty interest generally entitles the owner of the interest to a specified share of the oil and gas produced under the terms of the lease. In Texas and in many other oil-producing states, overriding royalty interests are generally treated as interests in real estate.

A gross overriding royalty can be created on a mine which produces a product like petroleum in that it can be sold without alteration of its basic character.The costs of smelting and refining the gold will reduce the proceeds to the mine owner, a percentage of which will be paid as royalty.

Overriding Royalty Interest (ORRI) a percentage share of production, or the value derived from production, which is free of all costs of drilling and producing, and is created by the lessee or working interest owner and paid by the lessee or working interest owner.

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Declaration of Election to Convert Overriding Royalty Interest to Working Interest