I realize that there are a couple of older threads that discuss this topic, but there doesn't seem to be a consensus on how to handle the Owner and Officer Information (OOI) requirements related to the Brewers Notice.
Here's our situation: we are a multi-member LLC with two member-managers. The two member-managers are the only members with ownership above 8%, and the remaining members have zero voting rights. In terms of funding, the vast majority of the investment is from the members with no voting rights.
In reviewing the TTB website we've found multiple examples of language that requires any member of an LLC (disregarding ownership interest) to complete an OOI. We have also found multiple examples of language stating that the requirement only applies to members with at least a 10% interest.
So, the main questions: who needs to fill out an OOI? If the answer is every member of the LLC, what if we bring on another member after we've submitted the Brewers Notice? Should we just wait until we are approved and then submit an amendment? That should work, in theory, as the TTB checks the number of OOIs submitted against the members listed on our Operating Agreement.
If the answer is only members with at least 10% interest, then the total investment (which is requested in the Brewers Notice section where the OOI tracking number is submitted) will be very small. Does the TTB care about the investment figure? I have to guess that there is some sort of reasonability check there.
The paper version of the Notice seems so much easier than Permits Online...
Thanks for your help!
Chris
Here's our situation: we are a multi-member LLC with two member-managers. The two member-managers are the only members with ownership above 8%, and the remaining members have zero voting rights. In terms of funding, the vast majority of the investment is from the members with no voting rights.
In reviewing the TTB website we've found multiple examples of language that requires any member of an LLC (disregarding ownership interest) to complete an OOI. We have also found multiple examples of language stating that the requirement only applies to members with at least a 10% interest.
So, the main questions: who needs to fill out an OOI? If the answer is every member of the LLC, what if we bring on another member after we've submitted the Brewers Notice? Should we just wait until we are approved and then submit an amendment? That should work, in theory, as the TTB checks the number of OOIs submitted against the members listed on our Operating Agreement.
If the answer is only members with at least 10% interest, then the total investment (which is requested in the Brewers Notice section where the OOI tracking number is submitted) will be very small. Does the TTB care about the investment figure? I have to guess that there is some sort of reasonability check there.
The paper version of the Notice seems so much easier than Permits Online...
Thanks for your help!
Chris
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