We received an Oil & Gas Division Order today in the mail from a company, “Cooper Operating LLC”, that we have not heard of before. The only activity we know about and have paperwork on for Fedderson 14-1 is:
Signed Division Order- Koch Oil Co, 1983. 1/5 x .0000147 RI (.0000030)
Signed Division Order- Kerr-McGee, 1989, .0000089 RI
Signed Division Order- Petroleum Investment, Ltd, 1985. (Owner# 005767, 307508), .0000059 RI & .0000030 RI
Anadarko Minerals, Inc 2018
Two questions: How did they come about being the operator and we’ve heard nothing about them? Also, they want to accrue proceeds until it equals “$100” or pay “Yearly” whichever occurs first.
In a previous post about DO’s, M Barnes stated “I would recommend that you add a line that says the minimum royalty be set at $25 instead of $100”. That makes perfect sense. Does the “Yearly” stay in there or should it be sooner? Do we write that line on the DO above their statement of $100/Yearly or where does it go? And do we sign it? There is no W-9 included with it.
Fedderson 14-1 was drilled by C.W. Culpepper in 1977. It has changed operators at least five times. Kerr and Petroleum are in the list below. Form 1073. Operators change all the time. The DO is the notice that you receive. The newest change is not listed on the OCC yet.
You do not have to sign a DO in OK. You can send a letter in lieu of DO and protect some of your legal rights that a DO may give away. Here is my post about the issue
Many of you have asked about a letter to send in lieu of a Division Order in Oklahoma. Division Orders are not required in OK, but you probably want to get paid without having Federal Income Tax taken out. In light of recent court cases and OK statute 52, this is the letter template that I am using. (I am not giving legal or accounting advice.)
Fill in the items marked in red with those that pertain to your well and situation-use the Division Order information as a guide. The Property ID, wellname and the Owner number are on the Division Order. (Then turn them black) Be sure and give your address and send the most recent version of the IRS W-9.
IRS form W-9 OCT 2018 blank.pdf (129.0 KB) You may give your email and phone number on the letter so that the Division Order Analyst can contact you if there is a question.
Send the letter by certified mail (fill in the numbers of Certified Mail receipt on the letter so you can track it) and keep a copy of the letter, the green card that is returned and a copy of the original Division Order for your files. Mark your calendar for when to send a second request for payment and interest if needed if the 180 days past first sales passes. You can look up the date of first sales on completion report at the OCC well records site (Test . Form 1002A) or the OK tax site. (https://oktap.tax.ok.gov/oktap/web/_/ . Use the HELP Public PUN Search option).
Here is what you need to put in a letter to get the royalties to be set to $25.00:
Attn: Division Order Department
Re: Minimum Royalty Release
Owner #
To Whom It May Concern:
As per Oklahoma Statute 52 OS § 570.10 (A), please remit revenue when the proceeds have accrued to $25.00 or greater for the above referenced owners, as codified in OK HB 1481.
