§ 355.2 Evidencing U.S. citizenship; affidavit guide.

In order to establish that a corporation is a citizen of the United States within the meaning of 46 U.S.C. 50501, as amended, the form of affidavit to be used as a guide is hereby prescribed for execution on behalf of the primary corporation and filing with an application or, if required, subsequent filing within 30 days after the annual meeting of the stockholders (if the primary corporation is a wholly owned subsidiary and contrary to the bylaw provision does not hold the annual meeting of stockholders, the subsequent filing should be annually and related to the date of the original filing) as evidence of the continuing U.S. citizenship of a filing entity:

Affidavit of U.S. Citizenship (NAME OF CORPORATION) State of ＿＿＿＿_) 　　　　　　　　　) ss.: County of ＿＿＿＿) Note:(give name and nationality of all Non-Citizen officers and directors, if any);(Number)[ The foregoing list should include the officers, whether or not they are also directors, and all directors, whether or not they are also officers] and that each of said individuals is a citizen of the United States by virtue of birth in the United States, birth abroad of U.S. citizen parents, by naturalization, by naturalization during minority through the naturalization of a parent, by marriage (if a woman) to a U.S. citizen prior to September 22, 1922, or as otherwise authorized by law, except however, the By-laws of the Corporation provide that of the directors are necessary to constitute a quorum; therefore, the alien directors named represent no more than a minority of the number necessary to constitute a quorum; and that each of said individual stockholders is a Citizen of the United States by virtue of birth in the United States, birth abroad of U.S. citizen parents, by naturalization during minority through the naturalization of a parent, by marriage (if a woman) to a U.S. citizen prior to September 22, 1922, or as otherwise authorized by law. (Name),(Physical residence address, city, and state),I, of being duly sworn, depose and say:(Title of office(s) held)(Name of Corporation),(Business address),1. That I am the of a corporation organized and existing under the laws of the State of ＿＿_ (hereinafter called the “Corporation”), with offices at in evidence of which incorporation a certified copy of the Articles or Certificate of Incorporation (or Association) is filed herewith (or has been filed) together with a certified copy of the corporate Bylaws. [Evidence of continuing U.S. citizenship status, including amendments to said Articles or Certificate and Bylaws, should be filed within 30 days after the annual meeting of the stockholders or annually, within 30 days after the original affidavit if there has been no meeting of the stockholders prior to that time.];2. That I am authorized by and on behalf of the Corporation to execute and deliver this Affidavit of U.S. Citizenship;3. That the names of the Chief Executive Officer, by whatever title, Vice Presidents or other individuals who are authorized to act in the absence or disability of the Chief Executive Officer, by whatever title, the Chairman of the Board of Directors, and the Directors of the Corporation are as follows:[Select and complete the applicable paragraph 4 describing the Corporation's stock ownership and strike inapplicable paragraphs 4]4. Information as to stock, where a non-publicly traded Corporation has 30 or more stockholders:(Date),(Number)(Class or series),(Number)That I have access to the stock books and records of the Corporation; that said stock books and records have been examined and disclose (a) that, as of the Corporation had issued and outstanding shares of the only class or series of stock of the Corporation has issued and outstanding [if such is the case], owned of record by stockholders, said number of stockholders representing the ownership of the entire issued and outstanding stock of the Corporation, and (b) that no stockholder owned of record as of said date five per centum (5 percent) or more of the issued and outstanding stock of the Corporation of any class. [If different classes or series of stock exist, give the same information for each class or series issued and outstanding, showing the monetary value and voting rights per share in each class or series. If there is an exception to the statement in clause (b), the name, address, and citizenship of the stockholder and the amount and class or series of stock owned should be stated.](Number)(Number)(Class or series)That the registered addresses of owners of record of shares of the issued and outstanding stock of the Corporation are shown on the stock books and records of the Corporation as being within the United States, said ＿＿_ shares being ＿＿_ per centum (＿＿_ percent) of the total number of shares of said stock (each class or series). [The exact figure as disclosed by the stock books of the corporation must be given and the per centum figure must not be less than 65 per centum, except that for a corporation operating a vessel in the coastwise trade, the per centum figure must be not less than 95 per centum. These per centum figures apply to corporate stockholders as well as to the primary corporation.](The same statement should be made with reference to each class or series of stock, if there is more than one class.)4. Information as to stock, where Corporation's shares are publicly traded on a U.S. stock exchange:That the Corporation has diligently employed, administered, and adhered to methods such as those identified at 46 CFR 355.3(d) to monitor the Corporation's stock ownership.[In the case of Corporation seeking to demonstrate controlling interest ownership (greater than 50 percent U.S. Citizen ownership) use the following]:That, based on the foregoing, the percentage of shares of the Corporation owned by U.S. citizens eligible to document vessels in their own right is greater than 50 per centum.[In the case of a Corporation seeking to demonstrate eligibility for a coastwise endorsement (at least 75 percent U.S. ownership), use the following]:That, based on the foregoing, the percentage of shares of the Corporation owned by U.S. citizens eligible to document vessels in their own right is 75 percent or greater.4. Information as to stock, where Corporation has less than 30 stockholders:1That the information as to stock ownership, upon which the Corporation relies to establish that the required percentage of the stock ownership is vested in Citizens of the United States, is as follows:25. That the controlling interest (or 75 percent of the interest) in (each) said Corporation, as established by the data hereinbefore set forth, is owned by citizens of the United States; that the title to a majority (or 75 percent) of the stock of (each) said Corporation is vested in Citizens of the United States free from any trust or fiduciary obligation in favor of any person not a citizen of the United States; that such proportion of the voting power of (each) said Corporation is vested in citizens of the United States; that through no contract or understanding is it so arranged that the majority (or more than 25 percent) of the voting power of (each) said Corporation may be exercised, directly or indirectly, on behalf of any person who is not a Citizen of the United States; and that by no means whatsoever, is control of (each) said Corporation (or any interest in said Corporation in excess of 25 percent) conferred upon or permitted to be exercised by any person who is not a citizen of the United States; and6. That affiant has carefully examined this Affidavit and asserts that all the statements and representations contained therein are true to the best of their knowledge, information, and belief.Dated: ______see also,Penalty for False Statement: A fine or imprisonment, or both, are provided for violation of the proscriptions contained in 18 U.S.C. 1001 ( 18 U.S.C. 286, 287).NameTitleCitizen of the United States NameTitleYes/No Name of StockholderNumber of shares owned(each class)Percentage of shares owned(each class or series) NameNumber and ClassNumber and Class 1 75 percent if Corporation is operating in the coastwise trade, on the Great Lakes, or on bays, sounds, rivers, harbors, or inland lakes of the United States; and controlling interest if Corporation is operating solely in the foreign trade, both terms as defined in 46 U.S.C. 50501. 2 Strike inapplicable language. (Name and title of affiant)