Lease Qualification Frequently Asked Questions
Qualification is required prior to applying for, being issued, or holding an oil and gas lease, exploration license, or permit.
For which Division of Oil and Gas programs must I or my company be qualified?
An individual or company must be qualified in order to participate in any of the following Division of Oil and Gas activities:
- Bid in a competitive oil and gas or geothermal lease sale
- Obtain an oil and gas exploration license or a geothermal prospecting permit
- Apply for, transfer or obtain an interest in a previously issued oil and gas lease, geothermal lease, oil and / or gas exploration license, or permit (also known as assigning an interest)
- State of Alaska regulations 11 AAC 82.200 and 11 AAC 82.205 specify qualification requirements.
Who can qualify?
- Individuals who have reached the age of majority. In Alaska, the age of majority is 18, except for those who are emancipated earlier by marriage or by court order
- A legal guardian, trustee, or other legal representative of a qualified individual
- A corporation qualified to do business in Alaska
- A partnership, joint venture, limited liability company (LLC), or other unincorporated association qualified to do business in Alaska
When do I need to qualify?
- Prior to submitting a bid in an oil and gas or geothermal lease sale
- Prior to or at the time of application for an exploration license
- At the beginning of every calendar year if you have an active oil and gas lease, geothermal lease, oil and/or gas exploration license, or permit.
How can I qualify as an individual?
- You must submit a signed, dated statement including your name, address, telephone number, and certification that you are the age of majority. The Division of Oil and Gas has blank forms available for download here.
What do I need to do to qualify as a legal guardian/trustee/legal representative of an individual?
You must submit:
-
A certified copy of the court order authorizing you to act as the legal guardian/trustee/ legal representative and to fulfill all
obligations arising under the lease or exploration license, OR
An original or certified copy of a notarized power of attorney authorizing you to act on behalf of that individual; - Certification of the age of the person you are representing OR, if the person is deceased, an original or certified copy of the death certificate;
- Certification of your own age (you can use the same form that is available for individual qualifications, available here).
What does my corporation need to do to qualify?
If this is the first time your corporation is filing for qualification with the Division of Oil and Gas, the corporation must first be qualified to do business in Alaska with the Department of Commerce, Community and Economic Development (DCCED). You may apply online here.
Once qualified with the DCCED to do business in Alaska, you must submit to the Division of Oil and Gas:
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Proof that the corporation is qualified with the DCCED to do business in Alaska, either:
- a. A Certificate of Incorporation (domestic corporations only), OR
- b. A Certificate of Authority (foreign corporations only);
- The current address of the corporation;
- A list naming the current officers and their titles who are authorized to act on behalf of the corporation with respect to the lease or exploration license;
- An original or certified copy of a notarized power of attorney authorizing any agent who is not a current officer but who has been authorized by the corporation to act on its behalf with respect to the lease, exploration license, or permit.
- International entities that do not have an office in the United States will need to use the registered agent, as listed on the State of Alaska Department of Commerce, Community, and Economic Development website, as their primary mailing address for Division of Oil and Gas qualification purposes.
If this is not the first time your corporation is filing for qualification with the Division of Oil and Gas, you must submit:
- A Certificate of Compliance (also referred to as a Certificate of Good Standing) for the current calendar year available from DCCED. You may order it online here.
- Any changes to items above.
What does my partnership, joint venture, limited liability company, or other unincorporated association need to do to qualify?
You must submit:
- A statement describing the business relationship between the members of your partnership, joint venture, limited liability company, or other unincorporated association, AND
- The documents required for individuals, legal guardians/trustees/legal representatives, or corporations for each participant as is appropriate.
Before transacting business in this state, a business entity shall register with the Department of Commerce, Community and Economic Development. (AS 3.1.420) Please contact Department of Commerce, Community and Economic Development or 907-465-2550 for information concerning registration, forms, and fees.
How long will I be qualified?
Individuals and legal guardians/trustees/legal representatives will be qualified indefinitely, but must inform the Division of Oil and Gas in writing if there is new pertinent information (i.e. a change of address, etc.).
Corporations are qualified only as long as their information is current. A Certificate of Compliance is only valid for the calendar year in which it is issued, thus a new certificate may be required depending on when the last certificate was issued and the timing of your current activity. Also, you must inform the Division of Oil and Gas in writing if the following changes occur:
- Change in company name
- Change in address
- Change in officers, managers, or members
- Change in authorized agents
How and where do I submit my qualification documents?
With the exception of powers of attorney, which must be original or original certified copies of notarized documents, qualification documents are acceptable in electronic form. Documents may be e-mailed, faxed, mailed, or hand-delivered to:
Division of Oil & Gas
Phone: 907-269-8800
Email: DOG Qualifications