Virginia Assignment and Conveyance of Net Profits Interest

State:
Multi-State
Control #:
US-OG-295
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Grantor assigns and conveys to Grantee, a net profits interest equal to a percentage of the Net Proceeds attributable to Grantor's Interest.
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FAQ

An overriding royalty interest (ORRI) is an interest carved out of a working interest. It is: A percentage of gross production that is not charged with any expenses of exploring, developing, producing, and operating a well.

An overriding royalty interest (ORRI) is similar to a royalty interest in that it is also a portion of the proceeds from the sale of production. However, it is not retained under the terms of the oil and gas lease. An ORRI is granted, assigned and created under the terms of a separate document.

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.

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.

You may convey overriding royalty interest on either an Assignment of Record Title Interest (Form 3000-3), a Transfer of Operating Rights (Form 3000-3a), or on a private assignment. We only require filing of one signed copy per assignment plus a nonrefundable filing fee found at 43 CFR 3000.12.

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.

A net profits interest is an agreement that provides a payout of an operation's net profits to the parties of the agreement.

Profits interests are a unique solution to ownership and incentive planning available under current US tax law. Properly designed, profits interests convey an ownership share of future profits and equity upside without a capital stake in the past.

Essentially, NPRI is the royalty severed from minerals just as minerals are severed from the surface interest. Unlike mineral owners, non-participating royalties do not have executive rights in lease negotiations, leasing incentives, or rental payments. They just receive the actual production proceeds.

ORRIs are created out of the working interest in a property and do not affect mineral owners. An overriding royalty interest (ORRI) is often kept or assigned to a geologist, landman, brokerage, or any entity that was able to reserve an interest in the properties.

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Virginia Assignment and Conveyance of Net Profits Interest