Tribal Employment Rights Ordinance APPLICATION FOR CERTIFICATION AS AN INDIAN PREFERENCE FIRM. Application & Questionnaire
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1 Confederated Tribes and Bands Established by the Treaty Of the Yakama Nation of June 9, 1855 Tribal Employment Rights Ordinance APPLICATION FOR CERTIFICATION AS AN INDIAN PREFERENCE FIRM Application & Questionnaire Non-Refundable Filing Fee: $ Payable to the Yakama Nation TERO Fee Account. Instructions to the applicant: You must provide, with this questionnaire; a copy of its financial statement as audited or reviewed for its last fiscal year prepared in accordance with the standards of the American Institute of Certified Public Accountants. An independent certified accountant must prepare the statement. Balance Sheets, Income Statements, a Statement of Retained Earnings, Supporting Schedules, notes, and the opinion of the independent auditor must accompany the financial statement. A compiled financial statement is not acceptable. Additional information may be furnished for consideration at any time. If your financial position or significant changes occur within the structure of your organization, you must file a new Application Questionnaire and Financial Statement.
2 1. IDENTIFICATION: (Exactly as it appears on all documents) Name of Firm: Address: Telephone: Fax: Contact: Telephone: Fax: Address: Type of Business. Federal Employer Identification Number: (Available from IRS.gov website or local IRS Office.) Number of Employees: Number of Indian Employees: Year Business was established: Yakama Nation Business License Number: Available from Yakama Nation Tribal Council X-4324(Provide copy) Indian Owner(s); Tribe, Enrollment Number: (Provide copy)
3 1. OWNERSHIP A. Type of ownership (check one) Sole Proprietorship Partnership (Attach copy of any partnership agreement with all amendments since creation of the partnership) Corporation (Attach copy of Certificate of Incorporation, Articles of Incorporation and By Laws, including all amendments since creation of the corporation.) B. Percent of Indian Ownership: C. For each Indian owner, provide name, address, Tribal Affiliation, Enrollment Number; percent of ownership, amount of investment in the firm, method of investment (cash, equipment, loan or promissory note indicating who the loan is from), percent of voting control and position in the firm. D. Proof of Profit Share for each Indian owner, provide financial documents that substantiate the Indian owner(s) 51% share of the firm or entities profit. E. For each non-indian owner, provide name, address, percent of ownership, amount of investment in firm, method of investment (cash, equipment, loan or promissory note indicating who the loan is from), percent of voting control, position in firm, name of all other firms in which the owner holds or has within the past year held, and ownership interest (other than publicly-held corporations and similar ownerships sole for investment) or a management position. F. List any management fee, equipment rental, bonuses or other arrangements that will provide payment to non-indian owners beyond their share of profits and salaries, as indicated above. G. Describe or attach any stock options or other ownership options that are outstanding and any agreements between owners or between owner and third parties which restrict ownership or control of Indian owner(s). H. Identify any owner or management official of the named company who is or has been an employee of another company that has an ownership interest in or a present business
4 relationship with the named company; present business relationships include shared space, equipment, financing, or employees as well as both companies having some of the same owners. I. Indicated if this company or other companies denied with any of the same officers have previously received or been denied certification or participation as an Indian Preference Firm and describe the circumstances. Indicate the name of the certifying authority and the date of such certification or denial. 3. MANAGEMENT A. For each owner of more than 5% interest, all senior management personnel and members of the Board of Directors provide the following: 1. Name, address, social security, Indian Tribe, and enrollment Number. 2. Present Position (description of all duties). 3. Previous Business experience. 4. Previous work experience in the area in which firm intends to engage. 5. Other previous work experience. 6. Education and training. 7. Other jobs presently held. B. Control of company. Identify by name, race, sex, and title in the company those individuals (owners and non-owners) who are responsible for day-to-day management, including, but not limited to those with prime responsibility for: 1. Financial decisions 2. Management decisions, such as; a. Marketing and sales; b. Hiring and firing;
5 c. Purchase of major equipment or supplies; d. Supervision of field personnel. 4. CAPITAL AND EQUIPMENT A. Equipment, List all costing $ or more. On additional sheet include Quantity, Description, Price (book value), how obtained (purchased, provided by owner, etc.). B. Capital 1. Attach a current balance sheet. 2. Identify amount and source of original and present capital (e.g. contributed by owner, bank loan, if loan, indicate name(s) of those legally bound to repay of other than corporation). C. Additional Submissions. Each applicant must submit the following with this application: 1. List of Officers, principal stock holders, and directors, with addresses and number of shares held each. 2. A sworn statement of the proper officer showing: a. The total number of share of the capital stock actually issued and the amount of cash paid into the treasury on each share sold; or, if paid in property, the kind, quantity, and value of the same per share. B. Of the stock sold, how much remains unpaid and subject to assessment. c. The amount of cash the company has in its treasury and elsewhere. d. The property, exclusive of cash, owned by the company its value. e. The total indebtedness of the company and the nature of its obligations.
6 5. CERTIFICATION I herby certify the information provided in this application is true and complete to the best of my knowledge and belief. I further hereby certify that I have read the applicable ordinances of the Yakama Nation, criteria and procedures, and do hereby submit to the jurisdiction provided herein. Name of Firm: Signature of Authorized Official and Title: Print or type Name and Title: Subscribed and sworn to me this day of, 20. Notary Public in and for the State of Residing at Corporate Seal Notary Seal Post Office Box 151, Fort Road, Toppenish, WA (509)
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