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Tobacco Product Manufacturer Certificate Of Compliance Form. This is a Maine form and can be use in Attorney General Statewide.
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Maine - 2008
Tobacco Product Manufacturer Certificate of Compliance
[Failure to fill out this form completely may result in delay or denial of certification]
PART 1: TOBACCO PRODUCT MANUFACTURER IDENTIFICATION
Company Name
Physical Address
Mailing Address (if different)
Website (if any)
Physical Address of all Factories/Plants at which Products are Fabricated
Telephone Number
Fax Number
E-mail Address
Name/Title of Person Completing Report
Name of any manufacturer with whom the applicant has an agreement or contract regarding fabrication of tobacco products
The tobacco product manufacturer identified above, as of the date of this Certification, is (check one):
A participating manufacturer under the Tobacco Master Settlement Agreement.
A non-participating manufacturer as defined in 22 M.R.S.A. § 1580-H(9), and in full compliance with 22 M.R.S.A.
§ 1580-G, et seq.
If the applicant certified it is a Non-Participating Tobacco Product Manufacturer, the named applicant is the Tobacco
Product Manufacturer because (check one)
it is the fabricator of the listed brands in this Certification which are intended to be sold in the
United States including cigarettes intended to be sold in the United States through an importer.
it is a successor of any entity described in 22 M.R.S.A. § 1580-H(9)(A) or 22 M.R.S.A. § 1580-H(9)(B).
it is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that
the manufacturer does not intend to be sold in the United States. If this option is checked, identify the following:
cigarette fabricator
physical plant address
mailing address
contact person
telephone and facsimile numbers
relationship to the applicant.
identify the situs of the transfer of ownership and attach a copy of any agreement or contract
between the applicant and fabricator
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Has the applicant has ever had a complaint filed against it or had any judgment entered against it in any State
concerning MSA obligations?
Yes
No
If yes, please provide a copy of the judgment or complaint.
If a judgment has been paid, please provide evidence that the judgment amount has been paid in full.
PART 2: BRAND FAMILY IDENTIFICATION (ATTACH ADDITIONAL SHEETS IF NECESSARY)
A. Participating Manufacturers
The participating manufacturer identified in Part 1 has the following brand families, each of which the manufacturer
hereby affirms are to be deemed its cigarettes and/or roll-your-own (RYO) for purposes of calculating its payments
under the Master Settlement Agreement for the relevant year, in the volume and shares determined pursuant to the
Master Settlement Agreement.
Brand Families
B. Non-Participating Manufacturers (attach additional sheets if necessary)
The non-participating manufacturer identified in Part 1 has the following brand families1, each of which the
manufacturer affirms are to be deemed its cigarettes or RYO for purposes of 22 M.R.S.A. §§ 1580-G, et seq. Attach
a sample of the packaging and labeling for each Brand Family identified.
Units Sold:
Brand Family
2007
Units Sold:
2008 as of date
of Certification
Name and address of other manufacturers of
brand family in preceding or current calendar
year.2
C. Trademark Holder
(for Participating Manufacturers and Non-Participating Manufacturers)
If you are not the trademark holder(s) of any brand listed above, identify the following:
Brand
Name of Trademark Holder
Contact Person
Address
Telephone
1
You must list all brand families, not only those brand families sold in Maine. Indicate with an asterisk (*) those brand families that
will not be sold in Maine.
2
All current manufacturers of a brand family must file a proper certification before a brand family will be included on the directory.
If you are the exclusive manufacturer of the brand family, write the word “None” in this space. DO NOT LEAVE BLANK.
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PART 3: NON-PARTICIPATING MANUFACTURER ADDITIONAL INFORMATION
A. Registered Agent for Service of Process
Please certify as follows:
The non-participating manufacturer identified in Part 1 is domiciled in the State of Maine.
The non-participating manufacturer identified in Part 1 is a non-resident or foreign non-participating manufacturer that has
registered to do business in the State of Maine as a foreign corporation or business entity.
The non-participating manufacturer identified in Part 1 has appointed and continues to engage the following agent located in
Maine for service of process on whom all process, and any action or proceeding against it concerning or arising out of the
enforcement of 22 M.R.S.A. §§ 1580-G, et seq. and 22 M.R.S.A. § 1580-L may be served in any manner authorized by law:
Agent Name
Company
Address
Telephone Number
Fax Number
E-mail Address
Please attach proof of the appointment and availability of the Agent.
B. Qualified Escrow Fund – Financial Institution
Name of Institution
Address
Representative Name
Telephone Number
Escrow Account Number
State Sub-Account Number
Has the Escrow Agreement been
approved by the Attorney General?
ٱ
ٱ
Yes
No
By Whom
Approval Date
Please attach an executed copy of the current Non-Participating Manufacturer’s Escrow Agreement.
C. Escrow Deposit/Withdrawal History for Maine (attach additional sheets if necessary)
Date
Deposit
Total:
Withdrawal*
Total:
Balance
Total:
Please attach copies of records of the financial institution confirming the foregoing.
*Withdrawals must comply with 22 M.R.S.A. § 1580-I. Verification of compliance must be provided.
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D. Quarterly Payments
Has the applicant has ever had a complaint filed against it or had any judgment entered against it in any State
concerning non-compliance with escrow statutes?
Yes
No
If yes, please provide a copy of the judgment or complaint.
If a judgment has been paid, please provide evidence that the judgment amount has been paid in full.
Has the applicant failed to pay escrow when due in any State?
Yes
No
What was the amount not paid? $__________________________
Explain the current status. _________________________________________________________
E. Stamping Agents/Distributors
Complete this section for each stamping agent/distributor selling manufacturer’s product in Maine.
Distributor
Distributor Address
Brand
PART 4: EXECUTION BY AUTHORIZED DESIGNEE
Under penalty of perjury, I state that the information contained in this Certification, including but not
limited to any accompanying statements or attachments, is true and accurate, and that I am a person
authorized to bind the tobacco product manufacturer making this Certification under both the laws of
the State of Maine and of the jurisdictions where the tobacco product manufacturer is organized and
where the tobacco product manufacturer conducts business.
sign
here ► ______________________________________ _______________________________
Designee (Print Name)
Title
______________________________________ _______________________________
Signature of Designee
Date
Subscribed and sworn to before me on this date: ______________________________________________
Signature of Notary Public: __________________________________ County of ___________________
My Commission Expires: ________________________________
Mail the completed certificate of compliance to:
Maine Office of Attorney General
6 State House Station
Augusta, Maine 04333-0006
Attention: Laurie Simpson
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