USDA - RUS |
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Title of Information Document |
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OMB No. |
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7 CFR 1717, Subpart D |
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0572-0114 |
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SUMMARY OF INFORMATION COLLECTION |
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Mergers and Consolidations of |
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Date Prepared |
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Electric Borrowers |
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Feb-19 |
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INSTRUCTIONS: |
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(f) TOTAL |
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(h) TOTAL |
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(k) TOTAL |
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Use this form when a single information collection document involves multiple reporting and |
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= (e) Average |
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= (g) Average |
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= (j) Average |
recordkeeping requirements. |
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(d) TOTAL |
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(f) TOTAL |
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(i) TOTAL |
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IDENTIFICATION OF REPORTING AND RECORDKEEPPING REQUIREMENTS |
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ANNUAL BURDEN |
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FORM |
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REPORTS |
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NO(s) |
NO. OF |
NO. OF |
TOTAL |
HOURS |
TOTAL |
SECTION OF |
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(If "none" |
RESPON- |
RESPONSES |
ANNUAL |
PER |
HOURS |
REGULATIONS |
DESCRIPTION |
so state) |
DENTS |
PER |
RESPONSES |
RESPONSE |
(Col. f & g) |
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RESPONDENT |
(Col. d & e) |
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(a) |
(b) |
(c) |
(d) |
(e) |
(f) |
(g) |
(h) |
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1717.152 |
I. DOCUMENTATION NEEDED TO LEGALLY CONDUCT BUSINESS WITH A SUCCESSOR |
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In order for RUS to legally advance funds, send bills, and otherwise conduct business with a |
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successor following a merger, these documents must be submitted to RUS regardless of the need for |
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RUS approval of their merger. |
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A. Transmittal letters from each borrower that is a party to the proposed merger. |
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1 |
10 |
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20 |
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This letter is the formal notification to RUS that the borrower intends to merge. In order to allow RUS |
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to prepare the necessary documents, the letter must give tentative timeframes. |
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B. Board resolution from each borrower and non-borrower party to the proposed merger. |
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This resolution affirms the board intention to merge. |
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C. Documents needed to evidence the proposed merger pursuant to state and local law. |
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1 |
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1 |
4 |
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These docments include copies of the merger plan, articles of incorporation, bylaws, and notices and |
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filings required by law. Generally these are copies of document filed elsewhere. |
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D. Letter from counsel to at least one of the borrowers, prior to the merger. |
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1 |
4 |
1 |
4 |
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This letter describes the merger and indicates the state and local laws under which the merger |
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will be consummated. |
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E. Opinion of counsel, after the merger is effective. |
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This letter indicates that the merger has been consummated, and that all documents relating to RUS' |
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security interest have been filed. |
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F. Letter from the successor, after the merger is effective. |
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1 |
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This letter gives the corporate name and address, names of officers, and the taxpayer ID. |
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G. Perfection of RUS' lien and executed loan contract. |
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4 |
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8 |
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RUS will either prepare these documents for the borrower's execution, or give the borrower detailed |
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instructions. |
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RUS Form 36 (07-91) |
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Page 1 of 3 |
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USDA - RUS |
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Title of Information Document |
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OMB No. |
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7 CFR 1717, Subpart D |
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0572-0114 |
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SUMMARY OF INFORMATION COLLECTION |
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Mergers and Consolidations of |
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Date Prepared |
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Electric Borrowers |
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Aug-12 |
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IDENTIFICATION OF REPORTING AND RECORDKEEPPING REQUIREMENTS |
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ANNUAL BURDEN |
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FORM |
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REPORTS |
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NO(s) |
NO. OF |
NO. OF |
TOTAL |
HOURS |
TOTAL |
SECTION OF |
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(If "none" |
RESPON- |
RESPONSES |
ANNUAL |
PER |
HOURS |
REGULATIONS |
DESCRIPTION |
so state) |
DENTS |
PER |
RESPONSES |
RESPONSE |
(Col. f & g) |
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RESPONDENT |
(Col. d & e) |
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(a) |
(b) |
(c) |
(d) |
(e) |
(f) |
(g) |
(h) |
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1717.153 |
II. TRANSITIONAL ASSISTANCE FOLLOWING MERGERS |
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thru |
Some types of transitional assistance are available on the borrower's request, subject to availability |
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1717.155 |
of laon funds; Others are subject to RUS approval. (7 CFR 1717.154(a) and (b)). RUS encourages borrowers |
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to combine documents where possible. For example, if a borrower submits documents under Item I, and |
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Item II at the same time, a single board resolution addressing both will suffice. |
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A. Transmittal letter(s) formally requesting the assistance. |
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10 |
1 |
10 |
2 |
20 |
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If the request is submitted before the effective date of the merger, a separate letter must be submitted |
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by each borrower. If the request is submitted afterwords, the request must be from the successor. |
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B. Board resolution(s). |
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1 |
10 |
1 |
10 |
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If the request is submitted before the effective date of the merger, a separate letter must be submitted |
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by each borrower. If the request is submitted afterwords, the request must be from the successor. |
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C. Merger plan. |
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10 |
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This plan must include a cost benefit analysis of the merger. If the transitional assistance requires |
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RUS approval, the borrower must explain why the assistance is needed. RUS assumes that any |
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prudent business conducts this type of analysis before entering into a merger, and that borrowers will |
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submit copies of analyses prepard for internal use or for the state commissions. |
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1717.615 |
III. APPLICATIONS FOR RUS APPROVAL OF MERGERS |
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Pursuant to 7 CFR 1717.615, published December 29, 1995, very few mergesneed RUS approval. RUS |
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RUS encourages borrowers to conbine documents where possible. See note under Item II. |
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A. Transmittal letters from all parties to the proposed action. |
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10 |
1 |
10 |
2 |
20 |
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This letter is the formal notification to RUS that the borrower intends to merge. In order to allow |
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RUS to prepare the necessary documents, the letter must give tenative timeframes. |
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B. Board resolutions from all parties to the proposed action. |
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10 |
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This resolution affirms the board's intention to merge. |
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C. Analyses and/or other evidence that the successor will be a viable entity. |
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1 |
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RUS assumes that any prudent business conducts that type of anaysis before entering into a merger, and |
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that borrowers will submit copies of analyses prepared for internal use or for their state commissions. |
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RUS Form 36 (07-91) |
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Page 2 of 3 |
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USDA - RUS |
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Title of Information Document |
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|
OMB No. |
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|
|
7 CFR 1717, Subpart D |
|
|
|
0572-0114 |
|
SUMMARY OF INFORMATION COLLECTION |
|
Mergers and Consolidations of |
|
|
|
Date Prepared |
|
|
|
Electric Borrowers |
|
|
|
Aug-12 |
|
IDENTIFICATION OF REPORTING AND RECORDKEEPPING REQUIREMENTS |
|
|
|
ANNUAL BURDEN |
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|
FORM |
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REPORTS |
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NO(s) |
NO. OF |
NO. OF |
TOTAL |
HOURS |
TOTAL |
SECTION OF |
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(If "none" |
RESPON- |
RESPONSES |
ANNUAL |
PER |
HOURS |
REGULATIONS |
DESCRIPTION |
so state) |
DENTS |
PER |
RESPONSES |
RESPONSE |
(Col. f & g) |
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RESPONDENT |
(Col. d & e) |
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(a) |
(b) |
(c) |
(d) |
(e) |
(f) |
(g) |
(h) |
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D. Regulatory Information. |
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4 |
1 |
4 |
1 |
4 |
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Pending Federal or State proceedings pertaining to any of the borrowers partieis that could |
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have material effects on the successor. |
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E. Rate schedules for the successor. |
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1 |
4 |
1 |
4 |
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This includes copies of rate schedules for the successor and information about any pending rate cases |
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before a state commission. |
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F. Area coverage and line extension policies for the successor. |
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1 |
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RUS requires copies of information that distribution borrowers prepare for their own consumers. |
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10 |
10.60 |
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1.32 |
140 |
RUS Form 36 (07-91) |
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Page 3 of 3 |
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