Division Orders, Pay Codes, and Ownership Building Procedures
Overview of Division Orders
- Definition and Purpose: A division order (DO) is a document sent to royalty owners whenever a unit "deck" is set up. It contains essential identifying information for the owner and the property.
- Contents of a Division Order:
- Property Numbers and Names: Specific identifiers for the oil or gas property.
- Effective Date: The date the unit becomes active in the system.
- Owner Number: A unique identifier assigned to the royalty owner. This number is required for the owner to:
- Log in to view check details.
- Provide as a reference when calling in with questions.
- Owner Information: Name and address for verification.
- Decimal Interest: The specific numerical interest owned by the individual.
- Interest Breakdown Attachment: An additional piece of paper is typically attached to the division order to explain the decimal interest calculation. It details:
- The specific parcel owned.
- The royalty rate applied to that parcel.
- Resources (on the company website) to help owners calculate how that interest was derived.
- Interest Types: The document specifies whether the owner holds a royalty interest, an overriding royalty interest, or a working interest.
Key Provisions and Legal Nature of Division Orders
- Standard Format: There is a standard format for division orders agreed upon by royalty owners across the industry.
- Legal Status: A division order is not a legally binding document. It does not require notarization.
- Non-Amendment Clause: The document explicitly states that the division order will not amend the original lease or operating agreement.
- Primary Function: By signing, the owner agrees that their name, address, and decimal interest are correct. If a dispute or change in ownership occurs later, the signed DO serves as a record that the owner acknowledged the interest level.
- Tax Documentation: A W-9 form is sent along with the division order so the owner can provide their tax ID number.
Pay Codes and Status Definitions
Pay codes are used to track the status of an owner's payments and paperwork requirements.
- Code "o" (Open/No Division Order Transferred): This is the default code assigned when everyone is initially put into the system. It indicates a division order has been mailed, but a signed copy has not yet been received or processed.
- Code "i" (No Tax ID Number): Used when the company has an address but lacks the owner's tax ID (Social Security number or Employer Identification Number). Owners in this status may receive a follow-up letter requesting the information.
- Code "a" (Bad Address/No Address): Assigned when a valid mailing address is missing. This can happen if the abstract, title opinion, or A2 document does not list an address.
- Code "d" (Suspense - Deceased): Assigned when there are notes in the curative work indicating that an owner is deceased, requiring the interest to be held in suspense until legal heirship is established.
- Code "p" or "Pay": Owners are moved to this status once their division order is returned or if they meet certain criteria for automatic payment.
- Uncashed Check Code: A specific code exists for owners who have been paid but have not cashed their checks; however, this is not used during the initial setup phase.
Division Order Processing and Timelines
- Historical Requirement: Formerly, companies required a signed division order before any payments could be issued.
- Current Policy: While the company prefers a signed copy, a signed division order is no longer strictly required for payment in many cases.
- Thirty-Day Rule:
- Owners start in status o.
- After thirty days, if no signed division order is returned, a report is run to review the owner's details.
- If the company has a valid address and tax ID number, the owner is typically updated to a pay status regardless of whether the DO was signed.
- Lease Overrides: Some lease agreements contain specific language stating the owner agrees to execute division orders, but the 30-day update policy is a standard internal procedure to ensure payment flow.
Early Pay Provisions and Interest
- Early Pay Provision: Certain leases contain an "early pay" provision. Owners with this provision are moved into pay status immediately during initial setup if their tax ID is available.
- Late Payment Interest: Some leases stipulate that any late payments will bear a specific interest rate. An example cited is an interest payment of:
- Filtering for Review: The company filters for owners with these provisions to ensure they are prioritized for payment status updates to avoid penalties.
Workflow for Ownership Building
- Current Phase: The current task is focused on building out the royalty interest (RI).
- Staff must ensure the Decimal Interest (DOI) matches the Rios (internal data system).
- Staff must compare the Chief's Order or DPU (Developmental Production Unit) track breakdown against the Rios to ensure net acreage is consistent.
- Data Verification Sources:
- Abstracts and Title Opinions: Used to catch any owners or details missed in the primary documentation.
- A2 Spreadsheet: Used primarily to cross-reference addresses.
- Chief's Order/DPR/DSU: Used for checking addresses for unleased owners and for verifying the track breakdown at the bottom of the document.
- Validation Example: If the sum of net acres for "Unknown Heirs" and "Gateway" equals a specific value (e.g., net acres), it must match the Rios exactly.
- Future Phase: Lease Review: Once the ownership is built, the next step involves a deep review of individual leases to capture specific legal and financial tags:
- MEG (Marketing Exemptions): Determining if the company can charge the owner for marketing deductions.
- Tax Exemptions: Reviewing specific state taxes (e.g., Ohio ad valorem and severance taxes) to see if they can be charged to the owner.
- SOD (Standard Operating Deductions/Other Agreements): Reviewing for specific agreements, such as transport caps (e.g., limiting transport charges to a specific amount per Mcf).
Questions & Discussion
- Question: "The pay code… for 2o, that means there's no division order transferred. Is that correct?"
- Response: Yes, that is correct. It means a division order has been mailed but not yet returned or updated. The company starts everyone there and then reviews after 30 days.
- Question: "Since I don't have [system] access… do I still have to [look at the abstract for the address]?"
- Response: No. The staff member currently building ownership is not responsible for setting up addresses in the system; that is a separate task. The current goal is to ensure the royalty interest and net acres match the internal Rios and the title opinion.
- Question: "So you're looking at the chief's order for the decimal interest?"
- Response: No, the Chief's Order is used primarily for addresses (especially for unleased owners) and for the net acreage breakdown by track found at the bottom of the document (DPU/DSU section). This ensures the documented acres match what is in the Rios.
- Question: "Is it matching my Rios and that kind of stuff?"
- Response: Yes. The primary focus right now is making sure the royalty interest and the net acres (like the example of acres) align across the records.