LLC – Distilled Spirits Plant

 

Required

 

·         Lease Agreement or Proof of Property Ownership - If you are leasing the property/premises where you will be conducting your operations, you must submit a copy of your lease agreement. This agreement must show that the property owner knows the intended use of the proposed operations at that location and gives consent for the building/land to be leased for this purpose.  Such an agreement is necessary even if the owners or officers of the company own the property and are “leasing” to the company.   If you own the property/premises, provide proof of ownership.

·         Bond Form – Form 5110.56, Distilled Spirits Bond

·         Copy of Drivers License or Official State ID Card – TTB is not currently requiring the submission of a copy of Driver's license or official state ID card, but may require such documentation upon request.

·         Articles of Organization AND/OR Certificate of Organization – submit both if both were issued/approved by the State

·         Diagram – detailed with the dimensions, identifying equipment, loading docks, doors, windows, etc.  This is also required if you are part of an Alternating Proprietorship or Alternating Premises

·         Source of Funds Documentation - For each owner (whether it is an individual, company, or trust), you must supply copies of documentation to support the sources of funding for the investment showing on this application.   Examples of these sources of funding and details outlining what is required to be submitted are shown below: 

o   Financial Gifts – The name of any individual making a gift, along with the amount of the gift, must be shown on the application.   You must submit a statement from the individual stating that they have no interest in the business.  You also must submit a financial record or bank statement showing your receipt of the gift.

o   Loans – You must submit a copy of the promissory note or a statement from the entity providing any loan made as part of the source of funds.  You must also submit a financial record or bank statement showing your receipt of the loan amount.

o   Bank Account Records – If the source of funds invested in the business is from a savings account, checking account, or other source(s), you must submit a current bank statement with a balance which includes that amount present, and the bank statements for each of the three months prior to that month.  If the funds have already been used, you must submit a bank statement from the month that the funds were removed for business purposes, and the bank statements for each of the three months prior to that month.   In addition, you must submit any documentation (copies of checks, details within bank statement, etc.) showing that the funds were used for business purposes.

§  If the bank account is a jointly owned account (such as with a spouse), please submit a signed letter from the other party stating that they have no control or ownership in the proposed business (if applicable).

§  If a company has a current, official, detailed Financial Statement covering the proposed operations, it may be submitted in lieu of the above-mentioned bank account records.

·         Signing Authority Authorization - one of the following is required:

 

·         LLC Resolution – required if you will be granting Signing Authority to individuals or positions through a Board Meeting decision as opposed to such authority being specifically granted within the corporation's organizational documents (Articles, Operating Agreement)
OR

·         Articles of Organization OR Operating Agreement– submit if you will be granting Signing Authority to individuals or positions through specific designation contained within the corporation's organizational documents
OR

·         Signing Authority For Corporate or LLC Officials Form – submit TTB Form 5100.1, completed and signed

 

Required Depending on Circumstances

·         Proof of Trade Name Registration – TTB is not currently requiring the submission of proof of trade name registration, but may require such documentation upon request.

·         Bottling On Account For Trade Name Letter – required if you are adding a Bottling on Account For Trade Name

·         Alternating Proprietorship Agreement – required if you indicated you were part of an Alternating Proprietorship, or if you indicated you were part of an Alternating Premises arrangement with a different owner

·         Consent of Surety Form – if required based on your proposed operations, Form 5000.18

·         Transfer of Spirits in Bond Form – required if you are going to receive bulk spirits in bond from another Distilled Spirits Plant or Alcohol Fuel Plant, Form 5100.16

·         Operating Agreement – required if your State required creation of Operating Agreement

·         Certificate to Operate in Foreign State - required if you organized in a State other than State where premises are located

·         Power of Attorney Form – required if you are assigning Power of Attorney to other individuals within the application, Form 5000.8