INSTRUCTIONS FOR GIFTING STOCK

Transcription

1 INSTRUCTIONS FOR GIFTING STOCK Before gifting your corporate stock, please read the following instructions to understand the procedure and the consequence of gifting your stock: An Aleut Corporation shareholder can gift stock to a child, grandchild, greatgrandchild, a niece, a nephew, a brother, or a sister. Note: This includes children legally adopted into your family, provided the adoption occurred before such children were 18 years of age and you are able to furnish the required substantiating documents. Not included are stepchildren (and the stepchildren of your children or grandchildren), and stepbrothers and stepsisters who have not been legally adopted into your family. By law, the individual receiving the gifted stock must be Native or a descendant of a Native and related to the shareholder giving the gift of stock. Native A citizen of the United States who is a person of one-fourth or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlakatla Indian Community), Eskimo, or Aleut blood, or a combination thereof. Descendant of a Native A lineal descendant of a Native or of an individual who would have been a Native if such individual were alive on December 18, 1971; or an adoptee of a Native or of a descendant of a Native, whose adoption (a) occurred prior to his or her majority, and (b) is recognized at law or in equity. You may gift all your stock or just a portion of your stock to one or more recipients. Gifts must be made in whole shares. Fractional share gifts are not allowed. If you own both village Class A stock and at-large, you must specify which class of stock you wish to gift and to whom. If you gift to a minor (someone under 18 years of age), a custodian must be named to manage the stock until the minor is of legal age. If you do not nominate a custodian, one will be appointed according to the priorities set in state law. The Affidavit For Gifting form must be signed in the presence of a notary. If you are gifting to a minor the Consent To Appointment As Custodian form must be signed in the presence of a notary. The transfer of stock is irrevocable. Once you have gifted stock, you cannot change your mind. You lose all rights to the stock that you gift, and you cannot get the stock back. Once the stock is transferred, dividends and distributions associated with the transferred stock will belong to the person who receives the shares. See back of this page for more instruction

2 INSTRUCTIONS FOR GIFTING ALEUT CORPORATION STOCK In order to document that the persons to whom you wish to gift stock are such relatives, you must provide The Aleut Corporation certified copies of the appropriate birth certificate(s) to establish the relationship between you and the recipient(s) of the gift of stock. If you do not have a copy, contact the Vital Statistics or Social Service department in the state where the recipient was born. EXAMPLES OF TRANSFER SITUATIONS AND REQUIRED BIRTH CERTIFICATES Gift to a Child Your child s birth certificate Gift to a Grandchild Your child s birth certificate (the birth certificate of the parent of your grandchild); and Your grandchild s birth certificate. Gift to a Great Grandchild Your child s birth certificate (the birth certificate of the parent of your grandchild); and Your grandchild s birth certificate (the birth certificate of the parent of your great grandchild); and Your great grandchild s birth certificate. Gift to a Niece or Nephew Your birth certificate; and Your brother s or sister s birth certificate (the parent of your niece or nephew); and Your niece s or nephew s birth certificate. Gift to your Brother or Sister Your birth certificate; and Your brother s or sister s birth certificate. If your name is now different than the name we have on file for you, or if the name of any of the stock recipients differs from the name of his or her birth certificate, you much furnish the legal document or documents to substantiate the name change. This document may be a marriage certification, divorce decree, adoption decree, or other legal document. After completing the required gifting documents, bring them to The Aleut Corporation office or mail the documents to The Aleut Corporation, attention: Shareholder Affairs, 4000 Old Seward Highway, Anchorage, Alaska, It is a good idea to call the corporate office to be sure that your documents were received. If you have questions or need assistance in filling out the forms, call shareholder affairs at , or toll free

3 * If recipient is a minor and you want to designate a custodian, you must list the name and address of the designated custodian. 1 of 2 Affidavit for Gifting Corporate Stock State of: ) County of: ) ss. or Judicial District) I,, being sworn, certify and affirm the following: 1. I am a stockholder of The Aleut Corporation (TAC). My social security number is. My date of birth is. My current address is. My current telephone number is ( ). 2. I own shares of Village Class A stock. I own shares of At-large. 3. I understand that I may only give shares to an Alaska Native, or a descendant of an Alaska Native, who is my child, grandchild, great-grandchild, niece, nephew, brother, or sister who is related to me by blood or adoption (and not simply by marriage); and that it is my responsibility to provide documentation proving Native descent and family relationship. 4. Each of the individuals named below is defined by the Alaska Natives Claims Settlement Act and the 1987 Amendments, thereto, as a Native or descendant of a Native. 5. I authorize The Aleut Corporation to transfer as an irrevocable gift the number of shares listed below to the following recipients:

4 * If recipient is a minor and you want to designate a custodian, you must list the name and address of the designated custodian. 2 of 2 Affidavit for Gifting Corporate Stock Affidavit for Gifting Corporate Stock 6. I affirm that I have not received anything of value nor was I promised anything of value in compensation for the stock I wish to gift and that I execute this instrument as my free and voluntary act for the purposes expressed in it, that I am 18 years of age or older, of sound mind, and under no constraint or undue influence. 7. I affirm that I have read and understand the Instructions for Gifting Aleut Corporation Stock. I affirm that the information that I have provided The Aleut Corporation is true. I agree to defend and hold The Aleut Corporation harmless from any claims, demands, or expenses that result in any way from The Aleut Corporation s reliance upon this affidavit. I understand and agree that The Aleut Corporation may eliminate any fractional shares created by the transfer. I am signing this Affidavit for Gifting Corporate Stock before a Notary Public at: City, State on this day of, 20. Signature: Full legal name SUBSCRIBED AND SWORN to before me on this day of, 20. Notary Public in and for: My Commission Expires:

5

6 Acceptance of Gifted Stock Recipient Not A Minor Name: Full legal name : address: Telephone: Birth Date: Social Security No. Mother s Maiden Name Are you currently an Aleut Corporation Shareholder (circle one): Yes No Are you a Shareholder of any other regional Native corporation (circle one)? Yes No If yes, name(s) of other corporation(s): I, (full legal name) understand that I am to receive shares of Aleut Corporation stock as a gift from (donors full legal name), who is my (state family relationship). I understand that the Alaska Native Claims Settlement Act (ANCSA) defines Native as a citizen of the United States who is a person of one-fourth degree or more of Alaska Indian (including Tsimshian Indians not enrolled in the Metlakatla Indian Community), Eskimo, or Aleut blood, or a combination thereof. I also understand that the ANCSA Amendments of 1987 define descendant of a Native as: 1) a lineal descendent of a Native or of an individual who would have been a Native if such individual were alive on December 18, 1971; or 2) an adoptee of a Native or of a descendant of a Native whose adoption (a) occurred prior to his or her age of majority, and (b) is recognized at law or in equity. I affirm that I am a Native or descendant of a Native, as defined by the ANCSA and the ANCSA Amendments of I also affirm that I have not transferred or promised anything of value to (donor s legal full name) in order to obtain the share(s). If this gift is approved, I understand that I will become the owner of share(s) of Aleut Corporation stock. Signature: Recipient s full legal name Date: SUBSCRIBED AND SWORN to me on this day of, 20 State of: ) ) ss. County of: ) (or Judicial District) Notary Public in and for: My commission expires: SEAL

7 CONSENT TO APPOINTMENT AS CUSTODIAN And Acceptance of Gifted Stock for Minor Minor s Name: Minor s : Social Security No: Telephone No: Mother s Maiden Name: Is Minor currently a TAC Shareholder? (circle one) Yes No Is Minor a shareholder of any other Native regional corporation? (circle one) Yes No If yes, name(s) of other corporation(s): Custodian s Name: Custodian s : Custodian s Telephone No: Is Custodian an Aleut Corporation shareholder? (circle one) Yes No I, (custodian s full legal name), being sworn, certify and affirm that I have been nominated by (donor s full legal name) to act as custodian for a gifting of stock in The Aleut Corporation (TAC) to: (recipient s full legal name), a minor under the age of 18 years. If this gift is approved, I understand that the minor named above will become the owner of (total number of shares) shares of stock in The Aleut Corporation. I understand that the Alaska Native Claims Settlement Act (ANCSA) defines Native as a citizen of the United States who is a person of one-fourth degree or more of Alaska Indian (including Tsimshian Indians not enrolled in the Metlakatla Indian Community), Eskimo, or Aleut blood, or a combination thereof. I also understand that the ANCSA Amendments of 1987 define descendant of a Native as: All further mail from the Shareholder Affairs Department will be sent to the custodian s address as indicated on this affidavit, and can only be changed upon request to Shareholder Affairs. 1 of 2

8 Alaska Statutes Excerpts from the Alaska Uniform Transfers to Minors Act Native corporations; custodians. (a) The stock or membership in a corporation organized under the law of this state under the Alaska Native Claims Settlement Act (43 U.S.C ) that a minor is entitled to receive under that Act shall be held by a custodian. (b) A person making a transfer of stock, whether by gift, devise, or other method, may nominate a custodian. In the absence of a nomination, the custodian shall be determined under the order of priority set out below. The appointment becomes effective upon the corporation's receipt of the custodian's written consent to the appointment. The order of priority is: (1) the legal guardian, if any, of the minor; (2) a parent, if any, of the minor, as selected by the parents; (3) an adult member of the minor's family; in this paragraph, member of the minor's family" has the meaning given in AS , and also includes members of a family with whom the minor has customarily lived. (c) For good cause, a district court or the superior court may vary the order of priority set out in (b) of this section or appoint another suitable person as custodian. (d) The custodianship is governed by this chapter, as modified by the following: (1) [Repealed, 12 ch 60 SLA 1992]. (2) under AS , a third person is responsible for determining whether stock is inalienable under the Act; (3) the custodian shall give an appropriate receipt for property received for the minor; (4) the custodian may not alienate inalienable property except within the limits provided by law; (5) the form of registration or title shall be "as custodian for (name of minor) under the Alaska Native Claims Settlement Act"; (6) a custodian may not receive compensation except, upon application to and approval by the superior court, for unusual and extraordinary services; (7) custodial property includes securities, money, and other real and personal property under supervision as a consequence of the Act. (e) Notwithstanding AS , the stock shall be transferred to the minor when the minor reaches 18 years of age, or to the minor's heirs if the minor dies before reaching 18 years of age. (f) In this section, (1) "Act" means the Alaska Native Claims Settlement Act (43 U.S.C ); (2) "minor" means an individual who is less than 18 years of age; (3) "stock" means the stock or membership in a corporation that is organized under the law of this state under the Act and that a minor is entitled to receive under the Act, whether by gift, devise, or other method; "stock" includes inchoate rights to stock. ( 2 ch 11 SLA 1990; am 8 12 ch 60 SLA 1992) Care of custodial property. (a) A custodian shall (1) take control of custodial property; (2) register or record title to custodial property if appropriate; and (3) collect, hold, manage, invest, and reinvest custodial property. (b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute, except AS , restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain custodial property received from a transferor. (c) A custodian may invest in or pay premiums on life insurance or endowment policies on (1) the life of the minor only if the minor or the minor's estate is the sole beneficiary; or (2) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary. (d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for (name of minor) under the Alaska Uniform Transfers to Minors Act." (e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years. ( 2 ch 11 SLA 1990; am 2 ch 10 SLA 1996) Current through st Reg. Sess. and 2nd Sp. Sess. Amended by Laws 1996, c. 10 2, eff. July 3, NOTE: To be sure the statutory information is up-to-date and complete, custodians should consult the entire Alaska Uniform Transfer to Minors Act, AS This page is provided for the custodian's information and convenience. It does not need to be returned.

9 CONSENT TO APPOINTMENT AS CUSTODIAN And Acceptance of Gifted Stock for Minor 1) a lineal descendant of a Native or of an individual who would have been a Native if such individual were alive on December 18, 1971; or 2) an adoptee of a Native or of a descendant of a Native whose adoption (a) occurred prior to his or her age of majority, and (b) is recognized at law or in equity. I hereby affirm my belief that the minor name above is a Native or descendant of a Native, as defined by the ANCSA and the ANCSA Amendments of In accordance with the Alaska Uniform Transfers to Minors Act (AUTMA), I also affirm that I am duly qualified to act as custodian in that I am: The donor of the gift of stock Another adult appointed by the donor If you are not the donor, what is your relationship to the minor? I further affirm that I have not transferred or promised anything of value in order that the minor would obtain the share(s) of stock. I understand that this custodianship will end when the minor reaches the ago of majority. I understand that the stock is currently restricted by provisions contained in ANCSA and cannot be sold or used as collateral for a loan and cannot be otherwise traded except in limited circumstances permitted by ANCSA. I understand that there may be taxes due as a result of receiving or owning the share(s), and I acknowledge that TAC is not responsible for payment of any such taxes. I hereby accept appointment as custodian of the gift of stock in TAC described above on behalf of the minor named above, and I hereby accept the gift of stock on behalf of the minor. I understand that, under AUTMA, I am not entitled to receive compensation for custodian services except, upon application to and approval by the Superior Court, for unusual and extraordinary services. I swear that I will mange the minor s stock and any monies derived from the stock in conformity with the provisions of the Alaska Statutes governing such custodianships, including those provisions related to care of custodial property and record keeping requirements, and in a manner directly contributing to the benefit of the minor. I agree to provide written authorization to TAC of any changes which may affect the minor s TAC stock records, such as address and name changes. I acknowledge I have received, read, and understood Alaska Statutes and , which are sections of AUTMA that address the appointment, powers, and duties of custodians for minors. Signature: Custodian s full legal name Date: Subscribed and sworn to me on this day of, 20 State of: ) ss. County of: ) (or Judicial District) Notary Public in and for: My commission expires: SEAL All further mail from the Shareholder Affairs Department will be sent to the custodian s address as indicated on this affidavit, and can only be changed upon request to Shareholder Affairs. 2 of 2

10 STOCKHOLDER IDENTIFICATION CRITERIA FOR GIFTING SHARES Before shares can be gifted to anyone, the following information is needed about the individual receiving your shares: 1. Full Legal Name of person receiving your shares: FIRST MIDDLE LAST Birth Date: Mother s Maiden Name: Gender: M F Social Security Number: Current Mailing : Telephone number: ( ) 2. What relationship is this individual to you? Child Grandchild Great Grandchild Niece Nephew Other Name Relationship: 3. Is this individual under 18 years of age? Yes No If yes, who may we contact regarding custodianship? : 4. Is this individual one-fourth or more Alaska Native? Yes No 5. If not one-fourth or more Alaskan Native, is this individual a descendant of a Native? A descendant of a Native is defined as a person who is descended from a Native, or adopted by a Native. For example, you are a descendant of a Native even if only one of your great, great grandmothers was one-quarter Native. Yes No If yes, name the Native ancestor: _ Current address: 6. Is this individual enrolled to any other Region under the Alaska Native Claims Settlement Act? Yes No If yes, please name Region: Please complete this form and return to The Aleut Corporation in the prepaid envelope, which has been provided for your convenience. SIGNATURE YOUR CURRENT ADDRESS: DATE TELEPHONE NUMBER: (_) Area Code (If applicable) J:\SHRAFFRS\SHAREHOLDERFORMS\SICFGSHARES

11 SOCIAL SECURITY NUMBER CERTIFICATION INSTRUCTIONS 1. Print and sign your full legal name. 2. If the IRS has notified you that you are subject to backup withholding because of underreporting interest or dividends on your tax return, you must cross out Section (2) below. 3. Do not cross out Section (2) if you were once subject to backup withholding but have been notified by the IRS that you no longer are. I,, under penalties of perjury, certify the following: 1. is: my own my child s or wards correct Social Security number. The name of my child or ward is: 2. I also certify that I am not (or the above-named child or ward is not) subject to backup withholding because: a. I have not been notified that I am (or the above-named child or ward is) subject to backup withholding by the Internal Revenue Service (IRS) as a result of a failure to report all interest or dividend; or b. The IRS has notified me that I am (or the above named child or ward is) no longer subject to backup withholding. (See instruction #2 above) Signature Date For Shareholder Affairs Department Use Only Shareholder ID No: Verified and Entered by: Date: