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Bill of Sale Statement of Consideration Paid Odometer Disclosure Statement document sample
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AMERIC/Ait America's Auto Auction Pensacola
6615 Mobile Hwy, Pensacola Florida 32526
Phone: 850.944.1945 Fax: 850.944.8482
Dealer Registration Checklist
Copy of Dealers License
Copy of Business/County License
Copy of Bond
Copy of Insurance
Copy of Sales Tax
fl C o p y of Federal ID on Social Security Number for all applicants
Copy of Signed Bank Letter
Cash Customer will need a signed W-9
Copy of Drivers License of all applicants
,
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11411111IA Dealer Regis t rat ion Agreement
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) This Dealer Registration Agreement ("Agreement"), dated as o f , is made and
entered into by and between ( " D e a l e r " ) America's Auto Auction, Inc.
and its subsidiaries and affiliated auction (collectively, the "Auction"). In consideration of the following recitals, representations,
guarantees, covenants, and agreements contained herein, Dealer and Auction agree as follows:
1. Dealer represents and warrants that it is a licensed vehicle dealer engaged in the business of buying and selling vehicles. Prior
to engaging in any business at the Auction, Dealer shall provide Auction a completed Dealer Information sheet. Dealer represents
and warrants that all information provided on the Dealer Information Sheet is true and correct.
2. Dealer acknowledges and agrees that Auction is not the seller of any vehicle at auction, nor is it the transferrer required to give
the Federal odometer disclosure statement in connection with the sale of any vehicle at the Auction as contemplated by the motor
Vehicle information and Cost savings Act of 1972 (Pub. L. 92-513), as amended, or similar laws. The seller named on the bill of
sale shall be the transferrer within the contemplation of such laws.
3. All sales at the Auction are conducted under published individual Auction Rules/Policies and Procedures. Dealer acknowledges that
it is responsible for obtaining a copy of the applicable Auction Rules/Policies and Procedures and Dealer agrees to be bound by
such Rules/Policies and Procedures, as amended from time to time.
4. The person(s) indicated on the Agent Authorization Sheet as "Authorized Agent" are duly authorized by Dealer to buy and sell
automobiles, to execute checks or drafts, and to execute bills of sale, odometer disclosure statements, assignments of title, and
warranties of title on behalf of Dealer. The authority of such persons to act on behalf of Dealer shall continue in full force and
effect until terminated by Dealer in writing to the Auction. Dealer does hereby guarantee all transactions made by such persons,
and does indemnify and hold harmless the Auction from all claims, losses, damages, and expenses caused it as a result of any
such transaction including but not limited to losses from dishonored checks or drafts, defective titles, and false or inaccurate
odometer disclosure statements as well as any expense incurred in attempting to collect such losses, including attorneys' fees.
5. Dealer authorizes the Auction to act as Dealer's Attorney-in-fact to purchase, sell and transport vehicle, and on Dealer's behalf
to execute any documents necessary to transfer ownership thereof and any disclosure statements relating thereto. Dealer agrees
to indemnify the Auction, hold the Auction harmless, and defend the Auction against all claims, loss, damage, expense, and
attorneys' fees that the Auction may sustain by reason of so acting for Dealer, unless such claim arises directly from the Auction's
willful misconduct.
6. Dealer assumes all risk of loss, liability, and damage incident to or arising out of any vehicle left on the Auction's premises and
Dealer shall provide insurance for such loss, liability, and damage. Auction disclaims all liability, in tort, contract, or otherwise, for
such loss, liability, and damage.
7. With respect to each and every vehicle delivered by Dealer to an Auction facility for sale, Dealer represents to Auction and to the
buyer of that vehicle that:
(a) The vehicle is in a safe condition to operate on the public highways and complies with applicable laws, including laws
relating to safety, performance and environmental standards;
(b) Dealer will fully and accurately disclose the description, condition, known defects and mileage of the vehicle and to be
solely responsible for such representations:
(c) Dealer is the true and lawful owner of the vehicle;
(d) Dealer has the right and power to sell the vehicle;
(e) Dealer guarantees, without exception, that title to the vehicle is free and clear of all e' ncumbrances and other defects, and
Dealer will hold the buyer and the Auction harmless for any loss, liability, or expense resulting from any defect in such title;
(f) Dealer will deliver good title to the vehicle, free and clear of all liens and encumbrances (together with all related disclosure
statements) to the respective Auction within the time allowed by the respective Auction Rules/Policies and Procedures.
Upon such delivery, the respective Auction agrees to pay Dealer the purchase price of the vehicle, less any fees owed;
(g) Dealer-agrees to pay a fee for every-vehicle run a c r o s s
- setting forth all fees charged by the Auction is included with the Auction Rules/Policies and Procedures. Dealer grants
t h eAuction a possessory lien against any vehicle for which a fee is due as security for the payment of any unpaid fee;
(h) Dealer will hold harmless and indemnify Auction and the buyer of the vehicle against any loss resulting from the breach of
- the Dealer's warranty of title to the vehicle, an inaccuracy included on the Odometer Disclosure Statement or of any
warranty
a u c t i o n or representation contained herein.
respect c k
8. Withb l o to each, and every vehicle purchased by Dealer, Dealer agrees that;
- e v e n
(a) ThefAuction does not inspect vehicles delivered to it for sale; rather, the seller is responsible for all representations of
i t h e
description, condition, mileage and for disclosure statement relating to the vehicle;
(b) e will i c l e
v Dealer h examine any vehicle purchased and accept the vehicle in its present condition;
s
i(c) Dealer will pay Auction the purchase price of the vehicle by check or cash (drafts may be accepted if approved in advance
n by the Auction) immediately upon tender of good title thereto. Upon failure to so pay, Auction may without further notice
o t
l on of such vehicle through a any other damages sale, and Dealer shall be liable to Auction for incurred in
s to Dealer dispose resale of the vehicle, and subsequent auction Auction may sustain, including attorney's feesall costs of
o d .
collection, loss
A collecting payments due;
f e e
s c h e d u l e
(d) The title and ownership of the vehicle shall remain with the seller of the vehicle until any check or draft given as payment
for the vehicle has been honored and paid in full.
9. Dealer agrees to honor payment of any check or draft immediately when presented to Dealer's bank for payment. Dealer will not
under any circumstances, stop payment of its check or draft without the advance written approval of an authorized
representative of the respective Auction; then, if approved, Dealer will return the vehicle at Dealer's expense to the respective
Auction's place of business. Dealer further agrees to hold Auction harmless for andindemnify and defend Auction againstany claims,
losses, damages and expenses as a result of a check or draft of Dealer being dishonored by the bank upon which it is drawn.
10. Dealer hereby authorizes Auction to investigate the credit history of the Dealers and Dealer's principals, which investigation may
include contacting the banks and other financial institutions with whom Dealer does business. Dealer agrees to execute any
documents required by any such bank or financial institution to release financial information to Auction. -
i t Auction, subject to the below terms, conditions, and limitations, guarantees to the buyer that each vehicle bought at one of its
auctions is not stolen or mortgaged at the time of such purchase by buyer.
(a) The guarantee covers only invalidities in title existing at the time of the sale and does not cover technical defects which
can be removed by execution and delivery to the buyer, or prior owners, of legally required papers without the
necessity of monetary payment.
(b) The amount of the Auction's liability under its guaranty shall never exceed the sale price of the vehicle, and the maximum
amount of Auction's liability shall be reduced by deducting from the sale price 2%thereof on the first day of each month
following the date of sale, and all liability of the Auction will expire and terminate on the first day of the forty-eight month
after the date of sale.
(c) The guaranty is expressly limited to the Dealer who purchased the vehicle at Auction, and the guaranty is not negotiable
or transferable.
(d) The guaranty shall be void if the purchase price for the vehicle is not paid by the buyer.
(e) The guaranty does not protect against defects in the title known to the buyer whether or not listed as exceptions to the
title on Auction's invoice.
(f) Whenever any claim is made by any person against the title of the vehicle, whether by suit or otherwise, the buyer shall
within five days after becoming aware of the claim notify the respective Auction in writing, giving full particulars of the
claim, and shall cooperate fully in defending any legal action or taking any other steps to minimize possible loss.
(g) On payment of any claim under the guaranty, the buyer will execute all necessary papers subrogating its right to recover
against the seller, or others, to Auction.
(h) The buyer shall not surrender possession of the vehicle to any claimant, except as required by legal process, nor shall
buyer voluntarily pay or acknowledge the validity of any such claim without the prior approval of Auction.
(i) Time is of the essence of this section of this Agreement and any failure on the part of the buyer to notify the respective
Auction in writing in a timely manner of any such claim shall relieve Auction of liability under this guaranty.
(j) The guaranty does not apply to motorcycles, boats, campers, or trailers.
(k) The guaranty does not apply to vehicles sold by bill of sale without title.
12. This Agreement may be terminated by Auction at any time with or without cause. The parties' obligations under this Agreement
with respect to transactions completed prior to termination shall survive termination.
13. This Agreement may be amended only by an instrument in writing signed by both parties.
14. This Agreement hereto constitutes the entire understanding of the parties and supersedes all prior negotiations, representations,
or aareements, either written or oral, with respect to the subject matter hereof.
15. If any provision hereof or the application of any provisions to any persons or circumstances are held invalid or unenforceable by
a court of competent jurisdiction, said provision shall be deemed deleted and the remainder of the Agreement shall remain in full
force and effect.
16. Any controversy or claim arising out of the Agreement or elating in any way to any transaction at any Auction or otherwise in
which Dealer engaged pursuant to this Agreement shall be finally settled by binding arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s)
(which may include the costs of arbitration and reasonable attorney's fees to the prevailing party) may be entered in any court
having jurisdiction thereof.
DEALER: AUCTION:
Signature Signature
Printed Name Title P r i n t e d Name
Signature T i t l e
Printed Name T i t l e
REQUIRED DOCUMENTS
AUCTION USE ONLY
6615 Mobile Highway opy
u C of Dealer's License
Pensacola, FL 32526-1264 opy
C of Sales Tax Certificate Dealer #
0 Copy of County License/Business Reg. Date
0 Copy of Driver's License
for all applicants 0 NEW UUPDATE
850-944-1945 0 Copy of Bond Auction Rep G M
Fax 850-944-8482
o C of Signed Bank Letter
opy APPROVED
CUSTOMER APPLICATION 0 Copy of FED or SR of all applicants PAYMENT 1 cn
Legal Business Name D a t e Business Started
D/B/A (If Applicable)
Address City State Zin
Mailing Address City State Zip
Telephone # Fax #
Mobile # P a g e r #
E
-
Business Type D Sole Proprietorship D Partnership 0 Corporation 0 Limited Liability
m
Dealer Type 0 New 0 Used 0 Lease D Wholesale
a
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Federal Taxpayer Identification # (Social Security #, if Sole Proprietorship)
A
State Taxpayer Identification ff
d
Dealer License #
d L i c e n s e Expiration Date
r
e
Bonding Company D e a l e r Bond ff
s
s
Liability Insurance Company P o l i c y #
W
CHECK ALL THAT APPLY
e
Do You Expect To 0 BUY U SELL 0 SELL ONLY
b
s
Payment Method Q CASH D CHECKS (On Approval) 0 DRAFTS (On Approval)
i
t
FRANCHISE NAME
e FRANCHISE NUMBER
A
I) I)
d
2) 2)
d
r
e
BANK N a m e of Contact
s
Address
s C i t y State Z i p
Telephone4 F a x Date Opened
Account # 0 Draft C h e c k Routing #
BANK N a m e of Contact
Address C i t y S t a t e Z i p
Telephone # F a x # D a t e Opened
Account # O Draft D Check Routing #
Finance or Floor Plan Branch
Telephone # Fax #
Account # F l o o r Plan Credit Limit A c c o u n t Opened
-Over-
1 6615 Mobile Highway
Pensacola, FL 32526-1264
_ M I NV '
AAUTO E R—() M
"•••••••
850-944-1945
comzeta „ J
A 401
Fax 850-944-8482
I 1
OWNER:
0
1
Name TP
gl i t l e % o f ownership
i tt
Home Address
City S t a t e Z i p
Home Telephone # S o c i a l Security*
D.O.B. D r i v e r ' s License State D L #
Own Business Real Estate 0 YES ONO
Owns Residence 0 YES Q NO # Years At Residence
CO-OWNER:
Name T i t l e % of ownership
Home Address
City S t a t e Z i p
Home Telephone # S o c i a l Security
D.O.B. D r i v e r ' s License StaLe D L #
Own Business Real Estate CI YES Q NO
Owns Residence DYES I D NO 4 Years At Residence
REFERENCES
Other auctions you attend H o w Long Reg.
Spoke with C o m m e n t s
Other auctions you attend H o w Long Reg.
Spoke with C o m m e n t s
DEALER AND/OR BUSINESS REFERENCES
1) How Long Acquainted?
Spoke With C o m m e n t s
2) - - - - - - - - - -
R a t i r t o n g
Spoke With C o m m e n t s
A c q u a i n t e d
' ?
-
3) H o w Long Acquainted?
Spoke With C o m m e n t s
6615 Mobile Highway
AUTHORIZED REPRESENTATIVES
Pensacola, FL 32526-1264
850-944-1945
Fax 850-944-8482
Representative S S # H o m e Telephone
Address C i t y S t a t e Z i p
Date of Birth
Driver's License # D L State
E-Mail Address M o b i l e Phone / Pager #
Authorized To: 2 BUY CARS 0 SELL CARS Q SIGN CHECKS / DRAFTS (Check all that apply)
Representative O f fi c e r / O w n e r
Signature S i g n a t u r e
Representative S S I t H o m e Telephone
Address C i t y S t a t e Z i p
Date of Birth
Driver's License # D L State
E-Mail Address M o b i l e Phone / Pager #
Authorized To: Q BUY CARS 0 SELL CARS 2 SIGN CHECKS / DRAFTS (Check all that apply)
Representative O f fi c e r / O w n e r
Signature S i g n a t u r e
Representative S S # H o m e Telephone
Address C i t y S t a t e Z i p
1Date of Birth
Driver's License # D L State
E-Mail Address M o b i l e Phone / Pager #
Authorized To: 0 BIN CARS 2 SELL CARS 0 SIGN CHECKS / DRAFTS (Cheek all that apply)
Representative O f fi c e r / O w n e r
Signature S i g n a t u r e
— SS# H o m e Telephone
R
Address C i t y S t a t e Z i p
e
pDate of Birth
r Driver's License # D L State
e
sE-Mail Address M o b i l e Phone / Pager #
eAuthorized To: 0 BIN CARS S E L L CARS 0 SIGN CHECKS / DRAFTS (Check all that apply)
n
t Representative O f fi c e r / O w n e r
a Signature S i g n a t u r e
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, America's Auto Auction Pensacola
A MERIttNt
A 6615 Mobile Hwy
Pensacola, FL 32526
Phone: 850.944.1945 F a x : 850.944.8482
C
„
A TO:
(Bank Name and Address)
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In order for the dealership named below to participate at A A A t h e following information is
required. Please release any and oil credit information.
Please send Credit Reference On
Acct. #
Authorized By X
Thank you very much for y our pr ompt attention to this matter. I f y ou have any questions
regarding this request, please call dealer registration at 1-850-941 1945.x21
Thank You,
(Lower Section to be filled out by Bank)
HISTORY
Credit Manager, Please fill in all blanks that apply to this account.
Co
mAccount - Opened C l o s e d A v g . Bal
m
Sat sfactork
er
Ui
- nsatisfactory
c
al
Credit Line Limit - F l o o r Plan - Limit O u t s t a n d i n g
NSF's Last 6 Months
NSFs Last 12 Months
Are checks ever returned? I f yes, is customer prompt in handling?
Are drafts picked up promptly?
Printed name and title of person remitting information:
Signature of
Person
Remitting Information
Date
America's Auto Auction Pensacola
6615 Mobile Hwy
Pensacola, FL 32526
Phone: 850.944.1945 F a x : 850.944_8482
STATE OF A U C T I O N LICENSE NUMBER
COUNTY OF
TITLE CLERK AUTHORIZATION
( c o n s i g n o r )
do hereby duly authorize America's Auto Auction, L.L.C. and/or its employees to act as our agent to sign a ll
papers and documents that may be necessary pertaining to the sale and subsequent title transfer of the vehicles
owned by consignor to America's Auto Auction , L.L.C. for sale, including without limitation, any title, title trans-
fer document, reassignment or odometer disclosure statements as required by federal or state law.
In consideration of America's Auto Auction, L.L.C. agreement to execute such documents as consignor's
behalf from time to time, consignor shall indemnify, defend and hold blameless America's Auto Auction, L.L.C_,
its affiliates, subsidiaries, officers, directors, employees, successors, and assigns from and against any and all
loss, damages, liability, claims, causes of action, and expenses of whatever kind and nature, arising from the exe-
cution transfer of ownership of any consigned vehicle or from the execution by America's Auto Auction, L.L.C.
or its employees o r agents o f any certificate of title, odometer statement, b ill o f sale or other document neces-
sary to transfer ownership o f a consigned vehicle. Notwithstanding the foregoing, nothing contained herein shall
be constructed to required consignor to indenmifyAmerica's Auto Auction, L.L.C. from any loss resulting from
any gross negligence or willfu l misconduct of America's Auto Auction, L.L.C. o r its employees or agents.
Consignor further agrees to guarantee and save the authorities o f any state requested to process such trans-
fer of title from all responsibility with respect to this title clerk authorization.
WITNESS MY HAND & SEAL
AFFIXED THIS D A Y X
OF Printed Name of Consignor
X
Notary Public S i g n a t u r e of Consignor
My Commission Expires P r i n t Name of Company or Dealership
America's Auto Auction Pensacola
6615 Mobile Hwy
Pensacola, FL 32526
Phone: 850.944.1945 F a x : 850.944.8482
PERSONAL GUARANTY
In consideration o f Auction allowing Dealer to b u y and sell mo to r vehicles through Auction, the
undersigned, whether one or more, personally convenient, guarantee and warrant that the title to each
vehicle so ld by Dealer through Auction will be good and will be free and clear o f all liens and
encumbrance, whatsoever. The undersigned unconditionally agrees to reimburse Auction as a result
of breach of the foregoing warranty of title as to any such motor vehicle.
The undersigned further guarantees fu ll payment o f any debts o f Dealer to Auction, including any
checks o r drafts issued by Dealer or any of Dealer's representatives, together with any loss or expense
or costs incurred by Auction in collecting or attempting to collect such debt, including attomey's fees.
The undersigned further guarantees the Odometer Mileage Statement given by o r in behalf of the
Dealer in all sales o f motor vehicles by it through Auction, and agrees to reimburse, indemnify and
hold harmless the Auction f ro m a ll losses and expenses caused by any such Odometer Mileage
Statement which proves to be false or inaccurate, including payments made by the Auction under any
Odometer Statement Guaranty issued by it in connection with any such sale, as well as any expense
or costs incurred by Auction in collection or attempting to collect such losses, including attomey's fees.
The undersigned acknowledge th a t Auction shall have the right to refuse to transact business with
Dealer to modify or release any and all collateral security, to extend or change time of payment and to
settle o r compromise with the Dealer without notice to the undersigned and without discharging or
affecting the liability of the undersigned hereunder. This guaranty is to be a continuing guaranty and
the undersigned hereby waives notice o f acceptance o f this guaranty and presentment, demand,
protest, a n d any notice o f non-payment o r dishonor. The undersigned sh a ll be liable to principal
debtor and not merely as surely,. and the bankruptcy or any assignment in favor of Creditors of Dealers
shall not affect the enforceability of this agreement.
This in stru me n t shall b in d th e respective heirs, executors, administrators, and assigns f o r the
undersigned and shall ensure to the benefit of Auction, its successors, and assigns.
Where there is more than one signatory to this agreement each signatory Shall be jointly and severally
liable under the agreement.
- O W N E R (all-owners-must sign if-applicable).
Print Name
Signature D a t e
Print Name
Signature D a t e
Name of
Dealership
America's Auto Auction Pensacola
6615 Mobile Hwy
Pensacola, FL 32526
Phone: 850.944.1945 F a x : 850.944.8482
CHECK & TITLE HANDLING POLICY
(Effective August 11, 2008)
Check one and sign at the bottom
Dear Valued Customer,
In a continuing effort to provide the finest service possible, we are offering several options designed to
help you receive your titles and/or checks in a manner most convenient to your dealership.
Please take a moment to fi ll out your desired method of handling and to confmn your correct mailing
address for our records. This form will be added to your permanent dealer file and all future checks or
titles will be handled according to your instructions below.
Please check one and sign below
1. P l e a s e do not mail my titles/checks. I prefer to pick up my titles or
checks at the auction.
First Class Mail (No expense to you). Please mail my titles or checks via
U.S. First Class Mail. GSAA cannot be responsible for titles or checks
lost by the U.S. Mail.
3. FedEx Standard Overnight Mail ($15.00 per package). Please send my
titles or check using FedExStandard Overnight service. I understand that
the charges will be added to my dealer account which will be paid when
presented or if provided, they will be billed directly to my own
account number below.
Please bill myFedExaccourit # ( i f provided)
Please send all titles or checks to the following:
Dealership Name:
Mailing Address:
City, State & Zip
Signature:
(Authorized Agent)
(Required)
Office Use Only: DA TE RECEIVED: D E A L E R NO: B Y :
6615 Mobile Hwy T:850_944.1945
Pensacola, FL 32526 F: 850_944.8482
America's Auto Auction would like to send VaCernallS and/or text messages about upcoming sales
events and auction information in order to serve our customers better and more efficiently. In order for us
to contact you by voicemall and/or text you we must have your consent. When you consent, you are
agreeing to receive periodic voicemails and text messages alerting you to upcorning auctions and sales
events.
You may withdraw your consent at any time by calling us at g r o - 1 4
between 8:00a.m. - 5:00p.m,ET.
-
P9iCMonday t h r o u g h
T h u r s d a y
0 America's Auto Auction may contact me by voicemail and/or text to notify me about the
upcoming sales events and auction information.
0 America's Auto Auction may not contact me by voicernall and/or text to notify me about
the upcoming sales events and auction information.
Print Name Phone
Name of Dealership Email Address
Signature Date
Amer i ca's Aut o Aucti on P e ns a c ol a , I nc. - Regi st r at i on P a c k e t P a g e 12 of 13
Form W - 9 Request for Taxpayer Give form to the
(Rev. October 2007) Identification Number and Certification requester. Do not
send to the IRS.
Department of the Treasury
Internal Revenue Service
Name (as shown on your income tax return)
Business name, if different from above
Check appropriate box: 0 Individual/Sole proprietor 0 Corporation 0 Partnership
1.:1 L im ite d liability company. Enter the tax classification (D.disregarded entity, C=comoration, P=partnership) 10- r
" 1 Pa ye e
-
Other(see instructions) P.
1
Address (number, street, and apt. o r suite no.) Requester's name and address (optional)
E
x
City, state, and ZIP code e
m
p
List account number(s) here (optional) • t
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided rhbet match the name given on Line 1 to avoid Social se cu rity number
backup withholding. For individuals, this is your social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is
your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or
No te . I f the a cco u n t is in m o re th a n o n e name, se e the ch a rt o n p a g e 4 f o r g u id e lin e s o n w h o se Employer identification number
number to enter.
Part II Certification
Under penalties o f p e rju ry, I ce rt if y t h a t :
1. T h e n u m b e r sh o wn o n t h is f o rm i s m y co rre ct ta xp a ye r identification n u m b e r (o r I a m w a it in g f o r a n u m b e r t o b e issu e d t o me), a n d
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See the instructions on page 4.
Sign Signature of
Here U.S. person 11 Date
0
General Instructions
' Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
Section references are to the Internal Revenue Code unless
otherwise noted. • An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
Purpose of Form organized in the United States or under the laws of the United
A person who is required to file an information return with the States,
IRS must obtain your correct taxpayer identification number (TIN) • An estate (other than a foreign estate), or
to report, for example, inc ome paid to you, real estate • A domestic trust (as defined in Regulations section
transactions, mortgage interest you paid, acquisition or 301 .7701-7).
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA. Special rules for partnerships. Partnerships that conduct a
trade or business in the United States are generally required to
Use Form W-9 only if you are a U.S. person (including a pay a withholding tax on any foreign partners' share of income
resident alien), t o provide your correct TIN to the person from such business. Further, in certain cases where a Form W-9
requesting it (the requester) and, when applicable, to: has not been received, a partnership is required to presume that
7
••••• C e r t i f y that.the;:riny ou are- giving: lat)trec t-.(or you ate
Therefore, if you are a U.S. person that is &partner in a
. waiting for a number to be issued), -
partnership conducting a trade or business in the United States,
2. Certify that you are not subject to backup withholding, or . provide Form W-9 to the partnership to establish your U.S.
3. Claim exemption from backup withholding if you are a U.S. c status and avoid withholding on your share of partnership
exempt payee. If applicable, you are also certifying that as a . income.
U.S. person, your allocable share of any partnership income from The person who gives Form W-9 to the partnership for
a U.S. trade or business is not subject to the withholding tax on : purposes of establishing its U.S. status and avoiding withholding
foreign partners' share of effectively connected income. •
on its allocable share of net income from the partnership
Note. If a requester gives you a form other than Form W-9 to 1 conducting a trade or business in the United States is in the
request your TIN, you must use the requester's form if it is : following. cases:
substantially similar to this Form W-9. , • The U.S. owner of a disregarded entity and not the entity,
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