Superfund: CERCLA Section 104(e) Information Request Questions - Other Financial Entities
- List all officers and/or directors who held positions in BOTH corporate entities. In your response please provide the type of positions held, dates of service and duties and responsibilities of each position.
- List all persons who while not holding a formal position in either corporate entity was in a position to exercise authority over financial and/or business matters of both corporate entities. In your response please provide the dates of service and duties and responsibilities of each individual identified.
- Please describe to the best of your knowledge the extent of all relationships,
correspondence and discussions between these two corporate entities concerning:
- Sales of the subsidiary. This response is to include the decision of what geographical areas the subsidiary will sell in contrast to the geographic areas where the parent sells; the type of product line; sales and marketing techniques to be used (if the sales and marketing people utilized are also utilized by the parent include the specifics with your response).
- Major purchase, acquisition, asset exchange or asset disposal of the subsidiary. This response is to include but is not limited to any formal or informal dollar level threshold or other mechanism that requires approval of or input from either the parent corporation or director, officer, shareholder or employee of the parent corporation.
- Intercompany exchanges. This response is to include all exchanges of assets between the two corporate entities as well as exchanges between the subsidiary and any other subsidiary or affiliate of the parent. In your response include a description of the exchange process such as invoice control and accounting method utilized to recognize the intercompany exchange.
- Intercompany correspondence. In your response identify all formal or informal procedures whereby the parent company is informed of the actions of the subsidiary. This response is to include the type of situation where the correspondence requires the approval of the parent or where a copy of the subsidiary correspondence is forwarded to the parent corporation or director, officer, shareholder or employee of the parent corporation.
- Please describe all input from any director, officer, shareholder or employee of the parent corporation on the selection, retention, promotion or demotion of any director, officer, or employee of the subsidiary corporation.
- Please describe all input from any director, officer, shareholder or employee of the parent corporation on the production processes utilized by the subsidiary.
- Please describe all input from any director, officer, shareholder or employee of the parent corporation on the disposal practices and methods utilized by the subsidiary.
- Please describe all joint ventures that include both corporate entities. This response is to include all actions, discussions and correspondence in which both entities appear or in which one of these corporate entities co-signs, endorses or guarantees the actions of the other corporate entity.
- Please provide a copy of all corporate minutes of the parent corporation which contain discussions on or refer to any action or situation which involve the subsidiary.
- Please provide a description and/or flow chart which describes the relationship of this entity and/or subsidiary to the parent and/or corporation. In your description include the name and a brief description indicating the major business purpose for all other entities affiliated with these two companies. This description is to include an explanation of and relationship to all other related entities such as other sister entities, parent entities of the parent identified in this request and all other subsidiaries to these entities.
- Describe all related transactions that apply to this entity. This is to
include all transactions between this entity and any and all of the following:
- Affiliated business entities, affiliated partnerships or other business entity that although it is not owned by this partnership may have the same owner/investor as does this partnership.
- The parent entity, all subsidiary entities of the parent and all subsidiaries of this partnership.
- Has Respondent ever, verbally or in writing, guaranteed the performance of its subsidiaries/entities with respect to compliance with any federal, state or local environmental or other governmental law, regulation or policy? If so please identify the date(s) of such guarantee and the circumstances surrounding the guarantee. Provide copies of all documents evidencing such guarantees.
- State what financial assistance (loans of money, rental of equipment or services) you gave to each of the corporations or entities. Provide copies of promissory notes or lease agreements evidencing such loans of money or rental of equipment or services to such corporations or entities. State which loans have been repaid, which have been forgiven, and which are outstanding.
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