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Model Certificate Of Compliance By Non-Participating Manufacturer Regarding Escrow Payment Form. This is a Indiana form and can be use in Attorney General Statewide.
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State of Indiana
Model Certificate of Compliance by NonParticipating Manufacturer
Regarding Escrow Payment
GENERAL INFORMATION
What is the definition of a tobacco product manufacturer?
• Any entity that directly manufactures cigarettes anywhere that such manufacturer intends to be
sold in the United States including cigarettes that are intended to be sold in the United States
through an importer;
• The first purchaser anywhere for resale in the United Sates of cigarettes manufactured anywhere
that the manufacturer does not intend to be sold in the United States; or
• A successor of any entity described above.
Who is required to file a certificate of compliance?
• Any tobacco product manufacturer that:
(1)
sells cigarettes within the State of Indiana (whether directly or through any
distributor, retailer, or similar intermediary) and
(2)
has not become a participating manufacturer in the tobacco Master Settlement
Agreement executed on 11/23/98 (the MSA).
If you satisfy these requirements, you must file a certificate of compliance to report the units of
cigarettes manufactured by you and sold in the State of Indiana and pay the amount calculated
into your qualified escrow fund. You may use this Model Certificate of Compliance to fulfill that
obligation.
What is a nonparticipating manufacturer?
A nonparticipating manufacturer is any tobacco product manufacturer who has not signed onto
the MSA .
What is a qualified escrow fund?
A nonparticipating manufacturer required to file a certificate of compliance must establish a
qualified escrow fund. This means an escrow arrangement with a U.S. federal or U.S.
statechartered financial institution having no affiliation with any tobacco product manufacturer
and having assets of at least $1,000,000,000, where such arrangement (1) requires that the
financial institution hold the escrowed funds' principal for the benefit of the State of Indiana (and
possibly other "Releasing Parties" as defined in the MSA) and (2) prohibits the nonparticipating
manufacturer from using, accessing, or directing the use of the funds' principal except as
consistent with Ind. Code § 2433 et seq.
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When is a certificate of compliance due?
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Please file a certificate of compliance on or before April 30 of the year following the sales year.
For 1999, the sales year for tobacco products sold in Indiana is July 1, 1999 –December 31
1999. After 1999, the sales year is a calendar year, from January 1, through December 31.
When must I make my escrow payment?
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You must deposit all escrow payments into your qualified escrow fund on or before April 15 of
the year following the sales year. After you have made your deposit, forward a copy of your
receipt or other proof of deposit from your financial institution to the Office of the Attorney
General of the State of Indiana, along with a signed and notarized certificate of compliance.
SPECIFIC INSTRUCTIONS:
Part 1: Manufacturer's Identification. Write your name, address, telephone and fax number.
Part 2: Sales Year. Write the sales year.
Part 3: Units Sold. Write the number of individual cigarettes manufactured by you and sold
during the sales year in Indiana.
Part 4: Escrow Rates and Payments. Multiply the units sold by the appropriate rate for the sales
year and write the result as your subtotal. Calculate the appropriate inflation adjustment
according to Exhibit C of the tobacco Master Settlement Agreement and enter the amount. Add
the subtotal and the inflation adjustment amount to arrive at the total deposit to be paid into your
qualified escrow account for the applicable sales year. These rates and inflation adjustment rates
can be found in Model Certificate of Compliance.
Part 5: Financial Institution. Write the name and address of the financial institution holding
your escrow account. Include your escrow account number. Also write the total cumulative
amount currently in your escrow account for the benefit of Indiana.
Part 6: Signature. An authorized notary public must also sign and date this certificate of
compliance.
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State of Indiana
Model Certificate of Compliance by NonParticipating Manufacturer
Regarding Escrow Payment
Part 1:
Manufacturer's Identification
Name: ___________________________________________________________________________________
Address: ___________________________________________________________________________________
Phone: ______________________________________________FAX __________________________________
Part 2:
Sales Year
The Year of Sales for this Certificate of Compliance is: (Complete a separate certificate for each year of sales)
______________
Part 3:
Units Sold
Number of individual cigarettes sold by the Manufacturer identified above during the sales year in ________ is as follows:
(See instructions for details.) __________________________________________________________
Part 4:
Escrow Rates and Payments
For the sales year:
(Use the rates listed below to figure the appropriate deposit subtotal amount)
1999 The rate per cigarette is .……………………………………………….0.0094241
2000 The rate per cigarette is ....................………………………………….0.0104712
2001 2002 The rate per cigarette is ........………………………………….. 0.0136125
2003 2006 The rate per cigarette is ..........………………………………… 0.0167539
2007 and thereafter The rate per cigarette is…………………………………..0.0188482
The appropriate deposit subtotal is $_______________________________
(Multiply units in Part 3 by the appropriate rate in Part 4)
The appropriate inflation adjustment for the sales year is $__________________________________
(multiply the greater of 3% or the CPI on the Inflation Adjustment Percentage applicable to payments due in the prior year. The
inflation adjustment for the 2001 payment for 2000 sales is the subtotal times 3%. The inflation adjustment for the 2002 payment
for 2001 sales is the subtotal times 9.68307% . The inflation adjustment for the 2003 payment for 2002 sales is the subtotal times
12.97356%. The inflation adjustment for the 2004 payment for 2003 sales is the subtotal times 16.36276%. The inflation
adjustment for the 2005 payment for 2004 sales is the subtotal times 20.15103%. The inflation adjustment for the 2006 payment for
2005 sales is the subtotal times 24.25497%. The inflation adjustment for the 2007 payment for 2006 sales is the subtotal times
27.98262%) The inflation adjustment for the 2008 payment for 2007 sales is the subtotal times 33.20594%. Refer to Exhibit C of
the tobacco Master Settlement Agreement.
The total amount that has been paid into the Qualified escrow fund
by the Manufacturer identified above for the sales year.
(add deposit subtotal and the inflation adjustment amount )
$ __________________________________
Note: Please attach a copy of your executed escrow agreement and for all deposits attach copies of your receipt or
other proof of deposit from your financial institution.
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Part 5:
Financial Institution
Name of Institution: ___________________________________________________________________________
Address: ____________________________________________________________________________________
Escrow Acct No: _____________________________________________________________________________
Total Amt. Held for the State of Indiana: __________________________________________________________
Part 6:
Signature
Under penalties for perjury, I state that, to the best knowledge, all of the information contained in this
Certificate of compliance is true and accurate.
This certificate of compliance must also be signed and dated by an authorized notary public.
Name of Authorized Agent: _______________________________________ Title: _____________________
Signature of Authorized Agent: ______________________________________ Date: _____________________
Subscribed and sworn to before me on this date: _____________________________________________________
Signature of Notary Public: _____________________________________City or County of__________________
My Commission expires: ________________________________________
Mail this certificate of compliance to:
State of Indiana
Office of the Attorney General
Attn: TOBACCO NPM ESCROW MATTERS
302 West Washington Street
IGCSo., Fifth Floor
Indianapolis, IN 46204
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