Superfund: CERCLA Section 104(e) Information Request Questions - Financial - Parent Corporations
- List all names under which your company or business has ever operated and
has ever been incorporated. For each name, provide the following information:
- whether the company or business continues to exist, indicating the date and means by which it ceased operations (e.g., dissolution, bankruptcy, sale) if it is no longer in business;
- names, addresses, and telephone numbers of all registered agents, officers, and operations management personnel; and
- names, addresses, and telephone numbers of all subsidiaries, unincorporated divisions or operating units, affiliates, and parent corporations if any, of the respondent.
- Provide all copies of the Respondent's authority to do business in [state]. Include all authorizations, withdrawals, suspensions and reinstatements.
- Provide all existing prospectus, brochures, or other printed material that has been or is currently being used to offer and/or promote the acquisition of shares or other interest(s) in the business.
- Provide a copy of all minutes of the meetings of the Board of Directors, Executive Committee, Finance Committee, Management Committee and all other committees which the Company might have, from the date of its incorporation to the present.
- Identify all meetings and communications which the officers, directors, or employees of Company X participated in or attended regarding the operations of the facility.
- State whether you were ever an a) officer of Company X, 2) a shareholder, and/or 3) member of the board of directors. If so identify the position(s) you held and the dates you held such position(s) and/or owned stock.
- Identify what, if any, reports, statements, or other documents the officers or directors wrote or received regarding the operations of the facility and describe what, if any, information the officers and directors received concerning the operations of the facility.
- Identify any employees, officers, or directors who participated in discussions or other communications regarding any decision to utilize or continue to utilize the Site for disposal of waste materials from the plant.
- State whether any officers or directors of ____________ approved, authorized, discussed, or had knowledge or awareness of any arrangement to dispose of wastes from the facility at the Site. Describe the nature and extent of such approval, authorization, discussion, knowledge, or awareness.
- Were any reports discussing waste disposal practices at the Facility ever received by officers or directors of the corporation? If your answer to this question is in the affirmative indicate (i) when such reports were received, (ii) who the originator of such reports was, (iii) who such reports were directed to, and (iv) the content of such reports. If such reports are in your possession or control, submit copies of such reports to EPA.
- 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 corporate entity, all subsidiary entities of the parent corporation and all subsidiaries of this corporation.
- The stock holders of this corporation.
- Provide a copy of your U.S. Corporate Income Tax Returns for the last five years for: individual Schedule A, B, C, etc., Form 1120 for corporate, and/or Form 1065 if U.S. Partnership. You are to provide a facsimile of the tax return submitted to the Internal Revenue Service that contains any and all attachments that would be required by the Internal Revenue Service at the time of filing. Furthermore, if any of the income, loss or gain reported on the return related from partnership, trust or subchapter S sources please provide a copy of the 1065, 1041 or 1120S return as well as any and all attachments that would be required by the Internal Revenue Service at the time of filing. Furthermore, if any of the returns provided have been audited, corrected, amended or changed; or if you have been notified of an audit, please describe the circumstances pertaining to that event.
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